8–19–02 Monday Vol. 67 No. 160 Aug. 19, 2002 Pages 53723–53872
VerDate Aug 2, 2002 18:55 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00001 Fmt 4710 Sfmt 4710 E:\FR\FM\19AUWS.LOC pfrm15 PsN: 19AUWS
1 II Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002
The FEDERAL REGISTER is published daily, Monday through SUBSCRIPTIONS AND COPIES Friday, except official holidays, by the Office of the Federal Register, National Archives and Records Administration, PUBLIC Washington, DC 20408, under the Federal Register Act (44 U.S.C. Subscriptions: Ch. 15) and the regulations of the Administrative Committee of Paper or fiche 202–512–1800 the Federal Register (1 CFR Ch. I). The Superintendent of Assistance with public subscriptions 202–512–1806 Documents, U.S. Government Printing Office, Washington, DC 20402 is the exclusive distributor of the official edition. General online information 202–512–1530; 1–888–293–6498 Single copies/back copies: The Federal Register provides a uniform system for making available to the public regulations and legal notices issued by Paper or fiche 202–512–1800 Federal agencies. These include Presidential proclamations and Assistance with public single copies 1–866–512–1800 Executive Orders, Federal agency documents having general (Toll-Free) applicability and legal effect, documents required to be published FEDERAL AGENCIES by act of Congress, and other Federal agency documents of public Subscriptions: interest. Paper or fiche 202–523–5243 Documents are on file for public inspection in the Office of the Federal Register the day before they are published, unless the Assistance with Federal agency subscriptions 202–523–5243 issuing agency requests earlier filing. For a list of documents currently on file for public inspection, see http://www.nara.gov/ fedreg. What’s NEW! The seal of the National Archives and Records Administration authenticates the Federal Register as the official serial publication Federal Register Table of Contents via e-mail established under the Federal Register Act. Under 44 U.S.C. 1507, Subscribe to FEDREGTOC, to receive the Federal Register Table of the contents of the Federal Register shall be judicially noticed. Contents in your e-mail every day. The Federal Register is published in paper and on 24x microfiche. It is also available online at no charge as one of the databases If you get the HTML version, you can click directly to any document on GPO Access, a service of the U.S. Government Printing Office. in the issue. The online edition of the Federal Register is issued under the To subscribe, go to http://listserv.access.gpo.gov and select: authority of the Administrative Committee of the Federal Register Online mailing list archives as the official legal equivalent of the paper and microfiche editions (44 U.S.C. 4101 and 1 CFR 5.10). It is updated by 6 a.m. each FEDREGTOC-L day the Federal Register is published and it includes both text Join or leave the list and graphics from Volume 59, Number 1 (January 2, 1994) forward. Then follow the instructions. GPO Access users can choose to retrieve online Federal Register documents as TEXT (ASCII text, graphics omitted), PDF (Adobe Portable Document Format, including full text and all graphics), or SUMMARY (abbreviated text) files. Users should carefully check retrieved material to ensure that documents were properly downloaded. FEDERAL REGISTER WORKSHOP On the World Wide Web, connect to the Federal Register at http:/ THE FEDERAL REGISTER: WHAT IT IS AND /www.access.gpo.gov/nara. Those without World Wide Web access HOW TO USE IT can also connect with a local WAIS client, by Telnet to swais.access.gpo.gov, or by dialing (202) 512–1661 with a FOR: Any person who uses the Federal Register and Code of Federal computer and modem. When using Telnet or modem, type swais, Regulations. then log in as guest with no password. WHO: Sponsored by the Office of the Federal Register. For more information about GPO Access, contact the GPO Access WHAT: Free public briefings (approximately 3 hours) to present: User Support Team by E-mail at [email protected]; by fax at 1. The regulatory process, with a focus on the Federal Register (202) 512–1262; or call (202) 512–1530 or 1–888–293–6498 (toll system and the public’s role in the development of free) between 7 a.m. and 5 p.m. Eastern time, Monday–Friday, regulations. except Federal holidays. 2. The relationship between the Federal Register and Code The annual subscription price for the Federal Register paper of Federal Regulations. edition is $699, or $764 for a combined Federal Register, Federal 3. The important elements of typical Federal Register Register Index and List of CFR Sections Affected (LSA) documents. subscription; the microfiche edition of the Federal Register 4. An introduction to the finding aids of the FR/CFR system. including the Federal Register Index and LSA is $264. Six month WHY: To provide the public with access to information necessary to subscriptions are available for one-half the annual rate. The charge research Federal agency regulations which directly affect them. for individual copies in paper form is $10.00 for each issue, or There will be no discussion of specific agency regulations. $10.00 for each group of pages as actually bound; or $2.00 for each issue in microfiche form. All prices include regular domestic postage and handling. International customers please add 25% for WASHINGTON, DC foreign handling. Remit check or money order, made payable to the Superintendent of Documents, or charge to your GPO Deposit WHEN: September 24, 2002—9:00 a.m. to noon Account, VISA, MasterCard or Discover. Mail to: New Orders, WHERE: Office of the Federal Register Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA Conference Room 15250–7954. 800 North Capitol Street, NW. There are no restrictions on the republication of material appearing Washington, DC in the Federal Register. (3 blocks north of Union Station Metro) How To Cite This Publication: Use the volume number and the RESERVATIONS: 202–523–4538; or page number. Example: 67 FR 12345. [email protected]
.
VerDate Aug 2, 2002 18:55 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00002 Fmt 4710 Sfmt 4710 E:\FR\FM\19AUWS.LOC pfrm15 PsN: 19AUWS
2 III
Contents Federal Register Vol. 67, No. 160
Monday, August 19, 2002
Agency for Healthcare Research and Quality Delaware River Basin Commission NOTICES NOTICES Reports and guidance documents; availability, etc.: Meetings and hearings, 53781–53783 National Healthcare Quality Report; Preliminary Measure Set; comment request, 53801–53802 Drug Enforcement Administration PROPOSED RULES Agriculture Department Records, reports, and exports of listed chemicals: See Animal and Plant Health Inspection Service Gamma-butyrolactone; exemption See Forest Service Correction, 53842 NOTICES Animal and Plant Health Inspection Service Applications, hearings, determinations, etc.: RULES Abbott Laboratories, 53810–53811 Plant-related quarantine, foreign: Chemic Laboratories, Inc., 53811 Artificially dwarfed plants; importation, 53727–53731 Chiragene, Inc., 53811 PROPOSED RULES Organix Inc., 53811–53812 Bees, beekeeping byproducts, and beekeeping equipment; Siegfried (USA), Inc., 53812 hearings, 53843–53867 Education Department Centers for Disease Control and Prevention NOTICES NOTICES Agency information collection activities: Agency information collection activities: Submission for OMB review; comment request, 53783 Submission for OMB review; comment request, 53802 Grants and cooperative agreements; availability, etc.: Grant and cooperative agreement awards: Special education and rehabilitative services— Georgia, University of; Center for Leadership in Rehabilitation Long-Term Training Program, 53869– Education and Applied Research in Mass Destruction 53871 Defense, 53802–53803 Meetings: National Educational Research Policy and Priorities Children and Families Administration Board, 53783–53784 NOTICES Agency information collection activities: Energy Department Submission for OMB review; comment request, 53803 See Federal Energy Regulatory Commission NOTICES Coast Guard Environmental statements; availability, etc.: RULES Savannah River Site, SC; high-level waste tank closure, Ports and waterways safety: 53784–53787 Notification of arrival; addition of charterer to required Meetings: information, 53735–53740 Environmental Management Site-Specific Advisory Prince William Sound, AK; traffic separation scheme; Board— port access route study, 53740–53743 Rocky Flats, CO, 53787 Regattas and marine parades: Fusion Energy Sciences Advisory Committee, 53787– Defender’s Day fireworks display, 53735 53788 San Diego Thunderboat Regatta, 53735 Reports and guidance documents; availability, etc.: PROPOSED RULES Electricity Advisory Board; transmission grid solutions Deepwater ports: subcommittee report, 53788 Regulations, revision, 53764–53765 Environmental Protection Agency Commerce Department RULES See International Trade Administration Civil monetary penalties; inflation adjustment See National Institute of Standards and Technology Withdrawn, 53743 See National Oceanic and Atmospheric Administration Solid wastes: NOTICES State underground storage tank program approvals— Agency information collection activities: Nebraska, 53743–53745 Submission for OMB review; comment request, 53774 PROPOSED RULES Air quality implementation plans; approval and Committee for the Implementation of Textile Agreements promulgation; various States: NOTICES Montana, 53765–53766 Cotton, wool, and man-made textiles: NOTICES Ukraine, 53781 Agency information collection activities: Proposed collection; comment request, 53789–53794 Commodity Futures Trading Commission Toxic and hazardous substances control: NOTICES New chemicals— Meetings; Sunshine Act, 53781 Receipt and status information, 53794–53797
VerDate Aug<2,>2002 18:29 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00001 Fmt 4748 Sfmt 4748 E:\FR\FM\19AUCN.SGM pfrm15 PsN: 19AUCN IV Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Contents
Executive Office of the President Forest Service See Management and Budget Office NOTICES See Presidential Documents Environmental statements; notice of intent: Malheur National Forest, OR, 53773 Federal Aviation Administration Willamette National Forest, OR, 53773–53774 RULES Meetings: Airworthiness directives: Resource Advisory Committees— Airbus, 53733–53735 Deschutes and Ochoco National Forests, 53774 Dornier, 53731–53733 PROPOSED RULES Health and Human Services Department Airworthiness directives: See Agency for Healthcare Research and Quality McDonnell Douglas, 53763–53764 See Centers for Disease Control and Prevention Pilatus Aircraft Ltd., 53761–53763 See Children and Families Administration NOTICES See Food and Drug Administration Exemption petitions; summary and disposition, 53831– See Public Health Service 53834 NOTICES Agency information collection activities: Federal Communications Commission Proposed collection; comment request, 53801 RULES Radio broadcasting: Housing and Urban Development Department Mobile-satellite service and broadcast auxiliary service; 2 NOTICES GHz band suspension, 53754–53756 Privacy Act: Radio stations; table of assignments: Systems of records, 53810 Arkansas, 53752 Oklahoma and Texas, 53752–53754 Interior Department PROPOSED RULES See Land Management Bureau Radio stations; table of assignments: Various States, 53769 International Trade Administration NOTICES Rulemaking proceedings; petitions filed, granted, denied, NOTICES Antidumping: etc., 53797 Heavy forged hand tools from— Federal Election Commission China, 53774–53775 Stainless steel bar from— NOTICES Meetings; Sunshine Act; correction, 53842 India, 53775–53777 Stainless steel butt-weld pipe and tube fittings from— Federal Emergency Management Agency Japan, 53777–53778 RULES Steel concrete reinforcing bars from— Flood elevation determinations: Turkey, 53778 Various States, 53745–53752 Meetings: PROPOSED RULES Environmental Technologies Trade Advisory Committee, Flood elevation determinations: 53778–53779 Illinois, 53766–53767 Overseas trade missions: Oklahoma, 53767–53769 Belgium and Germany et al.; automation and energy NOTICES management trade mission, etc. (2002 and 2003), Disaster and emergency areas: 53779 Northern Mariana Islands, 53797 Justice Department Federal Energy Regulatory Commission See Drug Enforcement Administration NOTICES See Justice Programs Office Applications, hearings, determinations, etc.: GenPower Anderson, LLC, et al., 53789 Justice Programs Office Virginia Electric & Power Co., 53789 NOTICES Agency information collection activities: Federal Reserve System Submission for OMB review; comment request, 53812– NOTICES 53813 Agency information collection activities: Proposed collection; comment request, 53797–53800 Land Management Bureau Banks and bank holding companies: NOTICES Change in bank control, 53800–53801 Meetings: Resource Advisory Councils— Food and Drug Administration Eastern Washington, 53810 NOTICES Southeast Oregon, 53810 Agency information collection activities: Proposed collection; comment request, 53803–53805 Management and Budget Office Reporting and recordkeeping requirements, 53805 NOTICES Submission for OMB review; comment request, 53805– Meetings: 53807 Performance Measurement Advisory Council, 53815
VerDate Aug<2,>2002 18:29 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00002 Fmt 4748 Sfmt 4748 E:\FR\FM\19AUCN.SGM pfrm15 PsN: 19AUCN Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Contents V
Maritime Administration See Food and Drug Administration NOTICES NOTICES Coastwise trade laws; administrative waivers: Meetings: ALLANTE, 53834–53835 National Toxicology Program— ANTARES, 53835 Scientific Counselors Board, 53807–53810 DISCOVERY, 53835–53836 EAGLE 3, 53836–53837 Securities and Exchange Commission HOT TAMALE II, 53837 NOTICES TEXAS CREWED, 53837–53838 Investment Company Act of 1940: VILLOMEE, 53838–53839 Exemption applications— Preferred Life Insurance Co. of New York et al., 53815– National Aeronautics and Space Administration 53818 NOTICES Self-regulatory organizations; proposed rule changes: Meetings: Depository Trust Co., 53819–53821 Advisory Council National Association of Securities Dealers, Inc., 53821– Biological and Physical Research Advisory Committee, 53828 53813 Options Clearing Corp., 53828–53829
National Highway Traffic Safety Administration Social Security Administration RULES NOTICES Motor vehicle theft prevention standards: Organization, functions, and authority delegations: Passenger motor vehicle theft data (2000 CY), 53756– Senior Executive Officer’s Office, 53829 53760 Senior Executive Service: NOTICES Performance Review Board; membership, 53829–53830 Agency information collection activities: Proposed collection; comment request, 53839–53840 State Department National Institute of Standards and Technology NOTICES NOTICES Agency information collection activities: Meetings: Submission for OMB review; comment request, 53830 Advanced Technology Visiting Committee, 53779–53780 Art objects; importation for exhibition: Sacred Treasures of Mount Koya: The Art of Japanese National Oceanic and Atmospheric Administration Shingon Buddhism, 53830 PROPOSED RULES Fishery conservation and management: Textile Agreements Implementation Committee Caribbean, Gulf of Mexico, and South Atlantic fisheries— See Committee for the Implementation of Textile Gulf of Mexico shrimp, 53769–53771 Agreements Red snapper, 53771–53772 NOTICES Transportation Department Permits: See Coast Guard Marine mammals, 53780 See Federal Aviation Administration See Maritime Administration Nuclear Regulatory Commission See National Highway Traffic Safety Administration NOTICES NOTICES Environmental statements; availability, etc.: Aviation proceedings: Virginia Electric & Power Co., 53813–53814 Certificates of public convenience and necessity and Reports and guidance documents; availability, etc.: foreign air carrier permits; weekly applications, Fuel Cycle Facility Operational Safety and Safeguards 53830–53831 Inspection Program (Inspection Manual Chapter 2600); comment request, 53815 Veterans Affairs Department NOTICES Office of Management and Budget Agency information collection activities: See Management and Budget Office Submission for OMB review; comment request, 53840– 53841 Presidential Documents PROCLAMATIONS Special observances: National Airborne Day (Proclamation 7582), 53723–53724 Separate Parts In This Issue ADMINISTRATIVE ORDERS Russia; waiver of restrictions on assistance (Presidential Part II Determination No. 2002-27), 53725 Agriculture Department, Animal and Plant Health Inspection Service, 53843–53867 Public Health Service See Agency for Healthcare Research and Quality Part III See Centers for Disease Control and Prevention Education Department, 53869–53871
VerDate Aug<2,>2002 18:29 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00003 Fmt 4748 Sfmt 4748 E:\FR\FM\19AUCN.SGM pfrm15 PsN: 19AUCN VI Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Contents
To subscribe to the Federal Register Table of Contents Reader Aids LISTSERV electronic mailing list, go to http:// Consult the Reader Aids section at the end of this issue for listserv.access.gpo.gov and select Online mailing list phone numbers, online resources, finding aids, reminders, archives, FEDREGTOC-L, Join or leave the list (or change and notice of recently enacted public laws. settings); then follow the instructions.
VerDate Aug<2,>2002 18:29 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00004 Fmt 4748 Sfmt 4748 E:\FR\FM\19AUCN.SGM pfrm15 PsN: 19AUCN Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / 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.
3 CFR Proclamations: 7582...... 53723 Administrative Orders: Presidential Determinations No. 2002-27 of August 7, 2002 ...... 53725 7 CFR 319...... 53727 Proposed Rules: 319...... 53844 322...... 53844 14 CFR 39 (2 documents) ...... 53731, 53733 Proposed Rules: 39 (2 documents) ...... 53761, 53763 33 CFR 100 (2 documents) ...... 53735 160...... 53735 161...... 53740 167...... 53740 Proposed Rules: 148...... 53764 149...... 53764 150...... 53764 40 CFR 19...... 53743 27...... 53743 281...... 53743 Proposed Rules: 52...... 53765 44 CFR 65 (2 documents) ...... 53745, 53747 67...... 53750 Proposed Rules: 67 (2 documents) ...... 53766, 53767 47 CFR 73 (2 documents) ...... 53752 74...... 53754 78...... 53754 Proposed Rules: 73...... 53769 49 CFR 541...... 53756 50 CFR Proposed Rules: 622 (2 documents) ...... 53769, 53771
VerDate Aug 2, 2002 18:37 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00001 Fmt 4711 Sfmt 4711 E:\FR\FM\19AULS.LOC pfrm15 PsN: 19AULS 53723
Federal Register Presidential Documents Vol. 67, No. 160
Monday, August 19, 2002
Title 3— Proclamation 7582 of August 14, 2002
The President National Airborne Day, 2002
By the President of the United States of America
A Proclamation
The history of Airborne forces began after World War I, when Brigadier General William Mitchell first conceived the idea of parachuting troops into combat. Eventually, under the leadership of Major William Lee at Fort Benning, Georgia, members of the Parachute Test Platoon pioneered methods of combat jumping in 1940. In November 1942, members of the 2nd Battalion, 503rd Parachute Infantry Regiment, conducted America’s first combat jump, leaping from a C–47 aircraft behind enemy lines in North Africa. This strategy revolutionized combat and established Airborne forces as a key component of our military. During World War II, Airborne tactics were critical to the success of important missions, including the D-Day invasion at Normandy, the Battle of the Bulge, the invasion of Southern France, and many others. In Korea and Vietnam, Airborne soldiers played a critical combat role, as well as in later conflicts and peacekeeping operations, including Panama, Grenada, Desert Storm, Haiti, Somalia, and the Balkans. Most recently, Airborne forces were vital to liberating the people of Afghanistan from the repressive and violent Taliban regime; and these soldiers continue to serve proudly around the world in the global coalition against terrorism. The elite Airborne ranks include prestigious groups such as the 82nd Air- borne Division, ‘‘America’s Guard of Honor,’’ and the ‘‘Screaming Eagles’’ of the 101st Airborne Division (Air Assault). Airborne forces have also been represented in the former 11th, 13th, and 17th Airborne Divisions and numerous other Airborne, glider and air assault units and regiments. Paratroopers in the Army’s XVIII Airborne Corps, the 75th Infantry (Ranger) Regiment and other Special Forces units conduct swift and effective oper- ations in defense of peace and freedom. Airborne combat continues to be driven by the bravery and daring spirit of sky soldiers. Often called into action with little notice, these forces have earned an enduring reputation for dedication, excellence, and honor. As we face the challenges of a new era, I encourage all people to recognize the contributions of these courageous soldiers to our Nation and the world. NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, by virtue of the authority vested in me by the Constitution and laws of the United States, do hereby proclaim August 16, 2002, as National Airborne Day. As we commemorate the first official Army parachute jump on August 16, 1940, I encourage all Americans to join me in honoring the thousands of soldiers, past and present, who have served in an Airborne capacity. I call upon all citizens to observe this day with appropriate pro- grams, ceremonies, and activities.
VerDate Aug<1,>2002 08:05 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\19AUD0.SGM pfrm15 PsN: 19AUD0 53724 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Presidential Documents
IN WITNESS WHEREOF, I have hereunto set my hand this fourteenth day of August, in the year of our Lord two thousand two, and of the Independence of the United States of America the two hundred and twenty-seventh. W
[FR Doc. 02–21212 Filed 8–16–02; 8:45 am] Billing code 3195–01–P
VerDate Aug<1,>2002 08:05 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\19AUD0.SGM pfrm15 PsN: 19AUD0 53725
Federal Register Presidential Documents Vol. 67, No. 160
Monday, August 19, 2002
Title 3— Presidential Determination No. 2002–27 of August 7, 2002
The President Presidential Determination on Waiver of Restrictions on Assistance to Russia under the Cooperative Threat Reduction Act of 1993 and Title V of the FREEDOM Support Act
Memorandum for the Secretary of State
Pursuant to the authority vested in me by section 302 of the 2002 Supple- mental Appropriations Act for Further Recovery from and Response to Ter- rorist Attacks on the United States (Public Law 107–206), I hereby certify that waiving the restrictions contained in subsection (d) of 22 U.S.C. 5952 and in section 502 of the FREEDOM Support Act (Public Law 102–511) with respect to the Russian Federation is important to the national security interests of the United States. You are authorized and directed to transmit this certification to the Congress and to arrange for its publication in the Federal Register. W THE WHITE HOUSE, Washington, August 7, 2002.
[FR Doc. 02–21192 Filed 08–16–02; 8:45 am] Billing code 4710–10–P
VerDate Aug<2,>2002 19:35 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\19AUO0.SGM pfrm17 PsN: 19AUO0 53727
Rules and Regulations Federal Register Vol. 67, No. 160
Monday, August 19, 2002
This section of the FEDERAL REGISTER Under § 319.37–2(b)(2) of the accompanied by a phytosanitary contains regulatory documents having general regulations, the importation from all certificate. The requirements contained applicability and legal effect, most of which foreign places except Canada of any in this rule are intended to clarify what are keyed to and codified in the Code of naturally dwarf or miniature form of type of plant may be considered an Federal Regulations, which is published under tree or shrub exceeding 305 mm artificially dwarfed plant for the 50 titles pursuant to 44 U.S.C. 1510. (approximately 12 inches) in length purposes of the regulations, so as to The Code of Federal Regulations is sold by from the soil line is prohibited, unless eliminate the possibility that field- the Superintendent of Documents. Prices of the plants are imported by the U.S. grown plants could be imported into the new books are listed in the first FEDERAL Department of Agriculture for United States under the requirements REGISTER issue of each week. experimental or scientific purposes in for artificially dwarfed plants. accordance with § 319.37–2(c). Because In our proposed rule regarding the the regulations do not explicitly importation of penjing from China (See DEPARTMENT OF AGRICULTURE prohibit the importation of naturally 65 FR 56803–56806, Docket No. 98– dwarf plants under 305 mm in length or 103–1), we proposed to allow, under Animal and Plant Health Inspection artificially dwarfed plants, and because certain conditions, the importation in Service the regulations do not contain growing media of five genera of restrictions particular to their artificially dwarfed plants from China. 7 CFR Part 319 importation, such plants may be Comment: Several experts have [Docket No. 00–042–2] imported into the United States if they questioned whether annual inspection are accompanied by a phytosanitary by an exporting country’s plant Importation of Artificially Dwarfed certificate of inspection. Such plants are protection agency is sufficient to ensure Plants also subject to inspection and, if greenhouses are pest-free. Inspections necessary, treatment for plant pests, at should take place once every 6 months AGENCY: Animal and Plant Health the port of first arrival in the United rather than once every 12 months. Inspection Service, USDA. States, and under § 319.37–8, such Response: We proposed to require ACTION: Final rule. plants must be free of sand, soil, earth, that artificially dwarfed plants be grown or other growing media. in a registered nursery for at least 2 SUMMARY: We are amending the On April 20, 2001, we published in years, and that the nursery where they regulations for importing plants and the Federal Register (66 FR 20208– were grown be inspected for any plant products by requiring artificially 20211, Docket No. 00–042–1) a proposal evidence of pests and found free of pests dwarfed plants that are imported into to amend the regulations by requiring of quarantine significance to the United the United States to have been grown artificially dwarfed plants that are States at least once every 12 months by under certain conditions in greenhouses imported into the United States to have the plant protection service of the or screenhouses within nurseries been grown under certain conditions in country where the plants were grown. registered with the government of the nurseries registered with the Several comments that we received country where the plants were grown. government of the country where the indicated that the commenters assumed This action is necessary to protect plants were grown. We proposed this that we had proposed to require that the against the introduction of longhorned action in order to protect against the plants be grown in a greenhouse at the beetles into the United States. introduction of longhorned beetles and nursery. Rather, we had simply EFFECTIVE DATE: September 18, 2002. other plant pests into the United States. proposed to require that the plants be FOR FURTHER INFORMATION CONTACT: Dr. We solicited comments concerning grown in a nursery. Based on the Inder P. Gadh, Import Specialist, our proposal for 60 days ending June 19, apparent support among commenters for Phytosanitary Issues Management Team, 2001. We received four comments by a requirement that plants be grown in a PPQ, APHIS, 4700 River Road Unit 140, that date. They were from State greenhouse for 2 years, we have added Riverdale, MD 20737–1236; (301) 734– agricultural officials, agricultural trade a requirement in this final rule based on 6799. organizations, and an environmental the comments we received. We believe SUPPLEMENTARY INFORMATION: advocacy group. The comments are that requiring artificially dwarfed plants discussed below. to be grown in a greenhouse or Background Comment: The relationship between screenhouse, in conjunction with the The regulations in 7 CFR part 319 the proposed rule and another proposed other requirements described in the prohibit or restrict the importation of rule involving penjing from China is not proposed rule, will reduce the risk that certain plants and plant products into clear. imported artificially dwarfed plants the United States to prevent the Response: This rule is worldwide in could become infested with quarantine introduction of plant pests. The scope and is intended to increase and pests. regulations contained in ‘‘Subpart— clarify the Animal and Plant Health Under this change, in addition to the Nursery Stock, Plants, Roots, Bulbs, Inspection Service’s (APHIS’s) requirements described in the proposed Seeds, and Other Plant Products,’’ requirements regarding the importation rule, imported artificially dwarfed §§ 319.37 through 319.37–14 (referred to of all artificially dwarfed plants eligible plants must be grown in a greenhouse below as the regulations), restrict, for importation under current or screenhouse. The greenhouse or among other things, the importation of regulations. Current regulations allow screenhouse must have screening with living plants, plant parts, and seeds for the importation of artificially dwarfed openings of not more than 1.6 mm on propagation. plants only if they are bare-rooted and all vents and openings, and all
VerDate Aug<2,>2002 13:27 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\19AUR1.SGM pfrm15 PsN: 19AUR1 53728 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Rules and Regulations
entryways must be equipped with to amend the requirements for naturally Response: As stated earlier in this automatic closing doors. These dwarf plants because there is no document, the proposed mitigation screening and entryway requirements evidence to suggest that the pest risk measures were intended to clarify what will help ensure that pests of concern associated with imported naturally type of plant could be considered an are excluded from the structures in dwarf plants has increased in a manner artificially dwarfed plant for the which the artificially dwarfed plants are corresponding to the risk associated purposes of the regulations, so as to grown. The phytosanitary certificate with plants following the artificially eliminate the possibility that field- accompanying imported artificially dwarfed plant pathway. Because grown plants could be imported into the dwarfed plants must state that the above naturally dwarf plants must be 305 mm United States under the requirements requirements have been met. We are or less in height to be eligible for for artificially dwarfed plants. We making this change to provide added importation, and since such plants do believe these measures are necessary assurance that longhorned beetles are not have large woody stems into which because field-grown plants that are not able to access and infest foreign- longhorned beetles could bore, we do labeled or manifested as artificially grown artificially dwarfed plants that not believe such plants serve as suitable dwarfed plants appear to present a are intended for export to the United hosts for longhorned beetles. higher risk of introducing longhorned States. Comment: What height limitation is beetles into the United States than do Regarding the timing of inspections, applied to imported artificially dwarfed traditionally grown artificially dwarfed we believe that annual inspections are plants? It appears that a 305 mm height plants. We believe that the requirements sufficient to ensure that nurseries are limitation currently applies to contained in the rule will significantly practicing appropriate phytosanitary artificially dwarfed plants, and that the reduce the risk that imported artificially measures, and to ensure that nurseries proposal would not change that dwarfed plants could be infested with meet the conditions described in this limitation. If under existing regulations these longhorned beetles. document and the proposed rule. there is no height restriction for Comment: The list of pests considered Comment: Why did the proposed rule artificially dwarfed plants, a reasonable in the pest risk assessment is not not address naturally dwarf or miniature height restriction should be considered complete and the mitigation measures forms of tree or shrubs smaller than 305 to facilitate more effective inspection. in the proposed rule are not adequate to mm? The pest risk posed by naturally Response: The 305 mm height exclude pests of economic significance. dwarf plants does not differ greatly from Response: Again, the proposed rule restriction contained in § 319.37(b)(2) risk posed by artificially dwarfed plants, was intended to address the risk posed applies only to naturally dwarf plants. and the scientific rationale for different by field-grown plants that are labeled or At present, no height restrictions apply regulatory treatment of each is not clear. manifested as artificially dwarfed plants to imported artificially dwarfed plants. Response: The current regulations in and that have served as pathways for the Further, the regulations in § 319.37(b)(6) § 319.37(b)(2) prohibit the importation introduction of longhorned beetles into of naturally dwarf plants that are larger prohibit the importation of any plants the United States. We are confident that than 305 mm. Naturally dwarf or (other than stem cuttings, cactus the mitigation measures contained in miniature forms of tree or shrubs cuttings, artificially dwarfed plants, this rule will accomplish that goal. We smaller than 305 mm are subject to palms, and plants whose growth habits are not aware of any pests of quarantine inspection as a condition of entry into simulate palms) that are larger than 460 significance associated with genuine the United States, and must be bare- mm. artificially dwarfed plants that pose rooted and accompanied by a We agree that there is a need to risks to U.S. agriculture that are not phytosanitary certificate. consider adopting a height restriction to mitigated by existing phytosanitary The proposed rule was intended to facilitate the effective inspection of measures (i.e., that the plants be address the apparently increased pest artificially dwarfed plants. We intend to accompanied by a phytosanitary risk posed by imported plants labeled or address this issue in a subsequent certificate, that they are bare-rooted manifested as artificially dwarfed rulemaking. upon importation, and that they are plants. As stated in our proposed rule, Comment: Is there any track record for subject to inspection upon arrival in the we believe that many plants that have pest interceptions associated with United States). recently been imported into the United naturally dwarf plants? Comment: Due to the pest risk States that have been labeled or Response: APHIS’s pest interception associated with artificially dwarfed manifested as artificially dwarfed plants records do not distinguish between plants, APHIS should not allow imports may in fact be field-collected plants that naturally dwarf and artificially dwarfed of field-grown artificially dwarfed are produced quickly in their country of plants. However, inspection personnel plants even when bare-rooted. origin for mass export. These plants have not reported detections of the pests Furthermore, APHIS should not allow include species that, historically, have addressed by this rule (longhorned greenhouse-grown plants to be rooted in not been imported as artificially beetles, specifically) on naturally dwarf the field. dwarfed plants and that may not be plants. Further, as stated earlier in this Response: As stated in our proposed given the same meticulous care and document, we do not believe naturally rule, in the last 3 years, APHIS has safeguards as traditional artificially dwarf plants serve as suitable hosts for detected increasing numbers of dwarfed plants such as bonsai and longhorned beetles. longhorned beetles associated with penjing. Comment: How were the mitigation imported plants following the Essentially, the proposed rule was measures selected? There is no artificially dwarfed plant pathway. We intended to clarify what type of plant discussion of pests under consideration, would like to clarify that the could be considered an artificially except to identify them as longhorned requirements contained in this final rule dwarfed plant for the purposes of the beetles and other dangerous plant pests. for importing artificially dwarfed plants regulations, so as to eliminate the Will these measures provide adequate are designed to address the risk posed possibility that field-grown plants could assurance that risks are being reduced to by these longhorned beetles, which are be imported into the United States an acceptable level? Can an acceptable wood-boring pests that are difficult to under the requirements for artificially level of risk be more clearly defined and detect by visual inspection. We believe dwarfed plants. We have not proposed communicated? that the proposed regulations address
VerDate Aug<2,>2002 13:27 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\19AUR1.SGM pfrm15 PsN: 19AUR1 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Rules and Regulations 53729
the increased pest risk posed by Comment: APHIS should require that International Plant Protection longhorned beetles and other wood- imported plants be defoliated as well as Convention, we are obligated to boring pests. Further, we are confident bare-rooted. Such a provision would consider foreign certifications as that our inspectors are capable of ensure that additional pests do not equivalent to our own unless there are identifying other pests on bare-rooted hitchhike on the plants. documented reasons to consider them artificially dwarfed plants by visual Response: Pests are capable of otherwise. Under these circumstances, inspection at the port of entry. hitchhiking on a wide variety of APHIS believes that the proposed Also, as stated above, we proposed to imported plants. To address the risk requirements will provide adequate require artificially dwarfed plants to be posed by hitchhiking pests, imported protection against the introduction of grown in a nursery, but did not specify plants are subject to inspection at the plant pests into the United States. that the artificially plants be grown in port of entry. We are confident that our One commenter requested additional a greenhouse at the nursery. However, inspection procedures are adequate to plant quarantine action to control the in this document, based on public detect such pests on imported spread of Phythophthora ramorum, the comments, we are requiring imported commodities, and do not believe that fungus that causes what has commonly artificially dwarfed plants to be defoliating plants would substantively been referred to as Sudden Oak Death. accompanied by a phytosanitary improve inspections of imported plants. This matter is outside the scope of this certificate stating, among other Comment: Given that the regulations rulemaking action, but we have requirements, that the plants have been contain an exception for plants from restricted the interstate movement of grown for at least 2 years in a Canada, what safeguards are in place, or Sudden Oak Death host articles in an greenhouse or screenhouse in approved could be put in place, to address the risk interim rule published in the Federal nurseries that are inspected annually. of transshipment through Canada of Register on February 14, 2002 (67 FR We have not prohibited artificially plants that would no longer be directly 6827–6837, Docket No. 01–054–1), and dwarfed plants from being grown in enterable into the United States if the intend to address the importation of fields prior to their 2-year greenhouse/ proposed rule is adopted? Sudden Oak Death host articles from screenhouse growth period because we Response: Propagative material, foreign countries in an upcoming believe that the requirements of this rule whether grown in, or transhipped rulemaking. are sufficient to ensure that plants through Canada must either (1) be Finally, we have made several eligible for importation into the United accompanied by a phytosanitary nonsubstantive editorial changes for the States are protected against infestation certificate of inspection, or (2) in the sake of clarity. by longhorned beetles. case of greenhouse-grown plants that Therefore, for the reasons given in the Comment: The proposed rule is meet the applicable conditions of proposed rule and in this document, we flawed because it allows propagative § 319.37–4(c), be accompanied by a are adopting the proposed rule as a final material that may be infested with pests certificate of inspection in lieu of a rule, with the changes discussed in this to be placed in sterile media in a pest- phytosanitary certificate. Both types of document. free greenhouse setting. At the instant a certificate include a declaration of the field-grown plant is placed in sterile plants’ origin. Executive Order 12866 and Regulatory growing media, the media is no longer Comment: Does APHIS have sufficient Flexibility Act sterile, and such a requirement does not resources to ensure that imported plants This rule has been reviewed under mitigate the risk posed by soil-borne are grown under the conditions Executive Order 12866. The rule has pests and pathogens. It is absolutely specified in the proposed rule? The been determined to be not significant for essential to start with clean propagative proposed rule puts an extreme reliance the purposes of Executive Order 12866 material. Nematode testing should be on the infrastructure of foreign and, therefore, has not been reviewed by included as part of the import regulatory agencies. Many countries the Office of Management and Budget. requirements for artificially dwarfed simply do not have the infrastructure or In this document, we are amending plants due to the risk for root nematodes resources to provide the kind of the regulations for importing plants and associated with field-grown plants that regulatory oversight that was envisioned plant products by requiring artificially are moved into greenhouses under the by the proposed rule. dwarfed plants that are imported into regulations. All field-grown plants Response: This rule requires the plant the United States to have been grown should be washed completely free of protection organization of the exporting under certain conditions in greenhouses soil using clean, pressurized water from country to certify on the phytosanitary or screenhouses within nurseries a known nematode-free source prior to certificate accompanying plants registered with the government of the potting in sterile media and containers. imported into the United States that country where the plants were grown. Response: As stated earlier in this imported artificially dwarfed plants This action is necessary to protect document, this rule was intended to have been grown and inspected against the introduction of longhorned address the risk posed by wood-boring according to APHIS requirements. When beetles into the United States. pests such as longhorned beetles. If, in plants are presented for importation into The requirements of this rule are the future, we determine that imported the United States, we verify that the intended to prevent the introduction of artificially dwarfed plants pose a phytosanitary certificate accompanying longhorned beetles into the United significant risk of introducing soil-borne the plants contains all the required States. A recent APHIS study on the pests and pathogens into the United declarations. importation of solid wood packing States, we will address the issue at that The certification requirements material from China has shown that time. At present, we are confident that contained in the regulations are in production losses resulting from a the requirement that imported addition to our port of entry widespread Asian longhorned beetle artificially dwarfed plants be bare- inspections, not in lieu of them. Because infestation in the United States could rooted, coupled with the inspection the United States is a signatory party of total in excess of $27.4 billion. procedures we use, will enable us to international agreements such as the The art of miniature (or artificially detect nematodes if they are indeed World Trade Organization Agreement dwarfed) plant gardening is a recent present on imported artificially dwarfed on the Application of Sanitary and phenomenon in the United States. plants. Phytosanitary Measures and the Because it is a highly time consuming
VerDate Aug<2,>2002 13:27 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\19AUR1.SGM pfrm15 PsN: 19AUR1 53730 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Rules and Regulations
and very labor intensive activity, it is imported from Asia are predominantly Type of company Number of practiced by a relatively small number companies higher valued and nursery-grown, and of U.S. nurseries and households. The comprise only 20 percent of U.S. sales size of these artificially dwarfed plants Full service artificially dwarfed by quantity, but 80 percent of sales by plant nurseries ...... 97 value. This rule will not likely have a range from 4 inches to 60 inches in Specialty artificially dwarfed height, with prices ranging from $10 to plant related companies: significant effect on the number of more than $10,000. The median price of Plants (including seeds) ...... 82 higher-valued plants imported from an artificially dwarfed plant is close to Tools, supplies, stands ...... 81 Asia. However, since artificially $100, and its value increases with age, Containers and pots ...... 46 dwarfed plants that are not grown in regardless of size. Magazines, books, and accordance with the conditions in this newsletters ...... 32 rule are prohibited importation into the Plants that have been imported from Consultants and teachers ..... 28 United States, it is possible that some Asia represent approximately 80 percent U.S. producers could benefit from Total ...... 366 of the value of the entire artificially decreased competition. Nevertheless, dwarfed plant market. Such imports the effect of this final rule on those The 1997 survey found that come predominantly from Japan, the nurseries is expected to be insignificant, artificially dwarfed plant-related People’s Republic of China, and the given the small number of affected businesses were fairly well distributed Republic of Korea. The remaining 20 imports. throughout the United States. However, percent of value corresponds to plants Under these circumstances, the the largest concentrations were in the Administrator of the Animal and Plant that have been domestically produced. Southeast (107) and the Southwest Health Inspection Service has With respect to volume, 20 percent of (102), including California. The determined that this action would not the artificially dwarfed plants available Northeast had 84 artificially dwarfed have a significant economic impact on in the U.S. market are imported from plant-related businesses. The Midwest a substantial number of small entities. Asia, and the rest are domestically had 37 related businesses, and the produced. Domestically produced Northwest had 26. Executive Order 12988 artificially dwarfed plants are the smallest, simplest, and most Effect on Small Entities This final rule has been reviewed under Executive Order 12988, Civil inexpensive ones. Plants produced in According to Small Business Justice Reform. This rule: (1) Preempts and imported from Asian countries are Administration (SBA) guidelines, a all State and local laws and regulations small business involved in the sale or the largest, most elaborate, and most that are inconsistent with this rule; (2) importation of artificially dwarfed expensive. has no retroactive effect; and (3) does plants or related products is one having In 1997, the U.S. National Arboretum not require administrative proceedings less than $6 million of annual receipts in Washington, DC, surveyed U.S. before parties may file suit in court from sales (see NAICS codes 444220, nurseries that sell artificially dwarfed challenging this rule. ‘‘Nursery and Garden Centers,’’ and plants, as well as other businesses 453110, ‘‘Florists’’). Paperwork Reduction Act related to the growing of artificially There are between 20 to 50 importers dwarfed plants. A summary of the of artificially dwarfed plants in the In accordance with the Paperwork results of the survey was published in United States, with the number varying Reduction Act of 1995 (44 U.S.C. 3501 the American Nurseryman Magazine in each year. However, on average, this et seq.), the information collection or April 1999. According to that survey, in number is closer to 20. All of them can recordkeeping requirements included in 1997, there were at least 366 artificially be considered small entities according this rule have been approved by the dwarfed plant-related businesses in the to the SBA definition. We do not expect Office of Management and Budget United States. Based on that survey, that this final rule will significantly (OMB) under OMB control number artificially dwarfed plant businesses can affect the price of imported artificially 0579–0176. be divided into two categories: Full- dwarfed plants or have a significant List of Subjects in 7 CFR Part 319 service nurseries and specialty effect on importers of artificially Bees, Coffee, Cotton, Fruits, Honey, companies focusing on one product. dwarfed plants. Most of the businesses engaged in the Imports, Nursery stock, Plant diseases Full-service nurseries may carry a production and distribution of and pests, Quarantine, Reporting and wide range of artificially dwarfed plants artificially dwarfed plants and related recordkeeping requirements, Rice, in varying sizes, including some that materials are family owned and Vegetables. they have developed themselves and operated. Approximately 99 percent of Accordingly, we are amending 7 CFR others they have purchased or have these firms are considered small part 319 as follows: imported from Asia. Many of these according to SBA criteria. There is no PART 319—FOREIGN QUARANTINE businesses also sell pots for these reason to believe that these entities NOTICES plants, as well as related tools and would be significantly affected by books. On the other hand, specialty implementation of this rule because the 1. The authority citation for part 319 companies may produce one product, price of imported artificially dwarfed continues to read as follows: such as plants, pots, or tools, or may be plants is not expected to change Authority: 7 U.S.C. 166, 450, 7711–7714, limited to teaching or publishing. significantly. 7718, 7731, 7732, and 7751–7754; 21 U.S.C. The survey identified 97 full service The requirements that imported 136 and 136a; 7 CFR 2.22, 2.80, and 371.3. artificially dwarfed plant nurseries (see artificially dwarfed plants be grown in § 319.37–2 [Amended] table below). These entities ranged from greenhouses or screenhouses in relatively small family owned and registered nurseries—and not collected 2. Section 319.37–2 is amended as from open fields—could affect the operated enterprises to a few large follows: number of artificially dwarfed plants companies. a. In paragraph (a), in the text before imported during the short term. Plants the table, by removing the words
VerDate Aug<2,>2002 13:27 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 E:\FR\FM\19AUR1.SGM pfrm15 PsN: 19AUR1 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Rules and Regulations 53731
‘‘§ 319.37–2(c) of this subpart’’ and (iii) The artificially dwarfed plants inability to extinguish an APU fire in- adding in their place the words must be grown in pots containing only flight, and consequent reduced ‘‘paragraph (c) of this section’’. sterile growing media during the 2-year structural integrity of the airplane. This b. In paragraph (b), introductory text, period when they are grown in a action is intended to address the by removing the words ‘‘§ 319.37–2(c) of greenhouse or screenhouse in a identified unsafe condition. this subpart’’ and adding in their place registered nursery; DATES: Effective September 23, 2002. the words ‘‘paragraph (c) of this (iv) The artificially dwarfed plants The incorporation by reference of section’’. must be grown on benches at least 50 certain publications listed in the c. In paragraph (b)(1), introductory cm above the ground during the 2-year regulations is approved by the Director text, by removing the words ‘‘trees or period when they are grown in a of the Federal Register as of September shrubs’’ and adding in their place the greenhouse or screenhouse in a 23, 2002. words ‘‘plants meeting the conditions in registered nursery; and ADDRESSES: The service information § 319.37–5(q)’’. (v) The plants and the greenhouse or referenced in this AD may be obtained d. In paragraph (b)(6)(i), by removing screenhouse and nursery where they are the words ‘‘such as bonsai’’ and adding from Fairchild Dornier, Dornier grown must be inspected for any Luftfahrt GmbH, PO Box 1103, D–82230 in their place the words ‘‘meeting the evidence of pests and found free of pests conditions in § 319.37–5(q)’’. Wessling, Germany. This information of quarantine significance to the United may be examined at the Federal e. In paragraph (b)(7), introductory States at least once every 12 months by text, by removing the words ‘‘tree or Aviation Administration (FAA), the plant protection service of the Transport Airplane Directorate, Rules shrub’’ the second time they appear and country where the plants are grown. adding in their place the words ‘‘plant Docket, 1601 Lind Avenue, SW., meeting the conditions in § 319.37– (Approved by the Office of Management and Renton, Washington; or at the Office of Budget under control number 0579–0176) 5(q)’’. the Federal Register, 800 North Capitol Done in Washington, DC this 14th day of Street, NW., suite 700, Washington, DC. § 319.37–5 [Amended] August 2002. FOR FURTHER INFORMATION CONTACT: Tom 3. Section 319.37–5 is amended as Peter Fernandez, Rodriquez; Aerospace Engineer, follows: Acting Administrator, Animal and Plant International Branch, ANM–116, FAA, a. By adding a new paragraph (q) to Health Inspection Service. Transport Airplane Directorate, 1601 read as follows. [FR Doc. 02–20940 Filed 8–16–02; 8:45 am] Lind Avenue, SW., Renton, Washington b. At the end of the section, by BILLING CODE 3410–34–P 98055–4056; telephone (425) 227–1137; revising the OMB control number fax (425) 227–1149. citation to read as follows. SUPPLEMENTARY INFORMATION: A § 319.37–5 Special foreign inspection and DEPARTMENT OF TRANSPORTATION proposal to amend part 39 of the Federal certification requirements. Aviation Regulations (14 CFR part 39) to * * * * * Federal Aviation Administration include an airworthiness directive (AD) (q) Any artificially dwarfed plant that is applicable to certain Dornier imported into the United States must 14 CFR Part 39 Model 328–100 and –300 series have been grown and handled in [Docket No. 2001–NM–318–AD; Amendment airplanes was published in the Federal accordance with the requirements of 39–12855; AD 2002–16–16] Register on April 18, 2002 (67 FR this paragraph and must be 19132). That action proposed to require accompanied by a phytosanitary RIN 2120–AA64 inspecting the identification plate on certificate of inspection that was issued Airworthiness Directives; Dornier the fire extinguisher bottle in the by the government of the country where Model 328–100 and –300 Series auxiliary power unit (APU) to verify if the plants were grown. Airplanes the correct actuating cartridge has been (1) Any growing media, including installed, and replacing the existing soil, must be removed from the AGENCY: Federal Aviation actuating cartridge of the fire artificially dwarfed plants prior to Administration, DOT. extinguisher bottle with the correct shipment to the United States unless the ACTION: Final rule. actuating cartridge, if necessary. That plants are to be imported in accordance action also proposed to require with § 319.37–8. SUMMARY: This amendment adopts a removing the fire extinguisher bottle (2) The artificially dwarfed plants new airworthiness directive (AD), equipped with the actuating cartridge must be grown in accordance with the applicable to certain Dornier Model from the APU, and reinstalling the fire following requirements and the 328–100 and –300 series airplanes, that extinguisher bottle equipped with the phytosanitary certificate required by requires inspecting the identification correct actuating cartridge into the APU. this paragraph must contain plate on the fire extinguisher bottle of declarations that those requirements the auxiliary power unit (APU), and Comments have been met: replacing the existing actuating Interested persons have been afforded (i) The artificially dwarfed plants cartridge of the fire extinguisher bottle an opportunity to participate in the must be grown for at least 2 years in a with a correct actuating cartridge, if making of this amendment. No greenhouse or screenhouse in a nursery necessary. This AD also requires comments were submitted in response registered with the government of the removing the fire extinguisher bottle to the proposal. country where the plants were grown; equipped with the actuating cartridge (ii) The greenhouse or screenhouse in from the APU, and reinstalling the fire Explanation of Change to Final Rule which the artificially dwarfed plants are extinguisher bottle equipped with the Since the language in Note 3 of the grown must have screening with correct actuating cartridge into the APU. proposed AD is regulatory in nature, openings of not more than 1.6 mm on The actions specified by this AD are that note has been redesignated as all vents and openings, and all intended to prevent failure of the paragraph (b) of this final rule. entryways must be equipped with actuating cartridge on the APU fire Additionally, the new paragraph automatic closing doors; extinguisher, which could result in the clarifies that the referenced service
VerDate Aug<2,>2002 13:27 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 E:\FR\FM\19AUR1.SGM pfrm15 PsN: 19AUR1 53732 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Rules and Regulations
bulletin affects Model 328–300 series Docket at the location provided under 2001 (for Model 328–300 series airplanes); as airplanes. the caption ADDRESSES. applicable. (1) Remove the fire extinguisher bottle Conclusion List of Subjects in 14 CFR Part 39 equipped with the actuating cartridge from The FAA has determined that air Air transportation, Aircraft, Aviation the APU. safety and the public interest require the (2) Inspect the identification plate on the safety, Incorporation by reference, fire extinguisher bottle to verify if the correct adoption of the rule with the change Safety. actuating cartridge (part number (P/N) described previously. The FAA has Adoption of the Amendment 30903964) has been installed. If the correct determined that this change will neither actuating cartridge has not been installed, increase the economic burden on any Accordingly, pursuant to the before further flight, replace the existing operator nor increase the scope of the authority delegated to me by the actuating cartridge with a correct actuating AD. Administrator, the Federal Aviation cartridge, P/N 30903964, and vibra etch the Administration amends part 39 of the identification plate to indicate the new P/N, Cost Impact per the service bulletin. Federal Aviation Regulations (14 CFR (3) Reinstall the fire extinguisher bottle The FAA estimates that 88 Model part 39) as follows: 328–100 and –300 series airplanes of equipped with the correct actuating cartridge into the APU. U.S. registry will be affected by this AD, PART 39—AIRWORTHINESS that it will take approximately 1 work Note 2: Dornier Service Bulletin SB–328– DIRECTIVES 26–342, dated November 2, 2000; and hour per airplane to accomplish the Dornier Service Bulletin SB–328J–26–049, required actions, and that the average 1. The authority citation for part 39 Revision 1, dated June 11, 2001; both labor rate is $60 per work hour. continues to read as follows: reference Pacific Scientific Service Bulletin Required parts will be provided by the Authority: 49 U.S.C. 106(g), 40113, 44701. 33100016–26–1, dated November 15, 2000, as manufacturer at no cost to the operators. an additional source of service information Based on these figures, the cost impact § 39.13 [Amended] for accomplishing the inspection and replacement. of the AD on U.S. operators is estimated 2. Section 39.13 is amended by to be $5,280, or $60 per airplane. (b) Accomplishment of the actions adding the following new airworthiness specified in Dornier Service Bulletin SB– The cost impact figure discussed directive: above is based on assumptions that no 328J–26–049, dated November 2, 2000 (for Model 328–300 series airplanes), is operator has yet accomplished any of 2002–16–16 Dornier Luftfahrt GmbH: Amendment 39–12855. Docket 2001– acceptable for compliance with the actions the requirements of this AD action, and NM–318–AD. required by paragraph (a) of this AD. that no operator would accomplish Applicability: Model 328–100 series Alternative Methods of Compliance those actions in the future if this AD airplanes, as listed in Dornier Service (c) An alternative method of compliance or were not adopted. The cost impact Bulletin SB–328–26–342, dated November 2, adjustment of the compliance time that figures discussed in AD rulemaking 2000; and Model 328–300 series airplanes, as provides an acceptable level of safety may be actions represent only the time listed in Dornier Service Bulletin SB–328J– used if approved by the Manager, necessary to perform the specific actions 26–049, Revision 1, dated June 11, 2001; International Branch, ANM–116, FAA, certificated in any category. actually required by the AD. These Transport Airplane Directorate. Operators figures typically do not include Note 1: This AD applies to each airplane shall submit their requests through an incidental costs, such as the time identified in the preceding applicability appropriate FAA Principal Maintenance required to gain access and close up, provision, regardless of whether it has been Inspector, who may add comments and then planning time, or time necessitated by modified, altered, or repaired in the area send it to the Manager, International Branch, other administrative actions. subject to the requirements of this AD. For ANM–116. airplanes that have been modified, altered, or Note 3: Information concerning the Regulatory Impact repaired so that the performance of the existence of approved alternative methods of requirements of this AD is affected, the compliance with this AD, if any, may be The regulations adopted herein will owner/operator must request approval for an not have a substantial direct effect on obtained from the International Branch, alternative method of compliance in ANM–116. the States, on the relationship between accordance with paragraph (c) of this AD. the national Government and the States, The request should include an assessment of Special Flight Permits or on the distribution of power and the effect of the modification, alteration, or (d) Special flight permits may be issued in responsibilities among the various repair on the unsafe condition addressed by accordance with sections 21.197 and 21.199 levels of government. Therefore, it is this AD; and, if the unsafe condition has not of the Federal Aviation Regulations (14 CFR determined that this final rule does not been eliminated, the request should include 21.197 and 21.199) to operate the airplane to have federalism implications under specific proposed actions to address it. a location where the requirements of this AD Executive Order 13132. Compliance: Required as indicated, unless can be accomplished. accomplished previously. For the reasons discussed above, I Incorporation by Reference certify that this action (1) is not a To prevent failure of the actuating cartridge on the auxiliary power unit (APU) fire (e) Unless otherwise specified in this AD, ‘‘significant regulatory action’’ under extinguisher, which could result in the the actions shall be done per Dornier Service Executive Order 12866; (2) is not a inability to extinguish an APU fire in-flight, Bulletin SB–328–26–342, dated November 2, ‘‘significant rule’’ under DOT and consequent reduced structural integrity 2000; or Dornier Service Bulletin SB–328J– Regulatory Policies and Procedures (44 of the airplane, accomplish the following: 26–049, Revision 1, dated June 11, 2001; as FR 11034, February 26, 1979); and (3) applicable. This incorporation by reference Removal, Inspection, Corrective Actions, was approved by the Director of the Federal will not have a significant economic and Reinstallation impact, positive or negative, on a Register in accordance with 5 U.S.C. 552(a) substantial number of small entities (a) Within 45 days after the effective date and 1 CFR part 51. Copies may be obtained of this AD, do the actions specified in from FAIRCHILD DORNIER, DORNIER under the criteria of the Regulatory paragraphs (a)(1), (a)(2), and (a)(3) of this AD, Luftfahrt GmbH, PO Box 1103, D–82230 Flexibility Act. A final evaluation has per Dornier Service Bulletin SB–328–26–342, Wessling, Germany. Copies may be inspected been prepared for this action and it is dated November 2, 2000 (for Model 328–100 at the FAA, Transport Airplane Directorate, contained in the Rules Docket. A copy series airplanes); or Dornier Service Bulletin 1601 Lind Avenue, SW., Renton, of it may be obtained from the Rules SB–328J–26–049, Revision 1, dated June 11, Washington; or at the Office of the Federal
VerDate Aug<2,>2002 13:27 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 E:\FR\FM\19AUR1.SGM pfrm15 PsN: 19AUR1 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Rules and Regulations 53733
Register, 800 North Capitol Street, NW., suite examined at the Federal Aviation proposed AD as an appropriate source 700, Washington, DC. Administration (FAA), Transport of service information). The commenter Note 4: The subject of this AD is addressed Airplane Directorate, Rules Docket, also considers that the cost estimate in in German airworthiness directives 2001–291 1601 Lind Avenue, SW., Renton, the proposed AD of $710 per airplane and 2001–292, both dated October 18, 2001. Washington; or at the Office of the for labor and parts is significantly Effective Date Federal Register, 800 North Capitol underestimated. The commenter also Street, NW., suite 700, Washington, DC. states that Airbus Service Bulletin (f) This amendment becomes effective on A300–34–6132 references Thompson- Sepetmber 23, 2002. FOR FURTHER INFORMATION CONTACT: Tom CSF Sextant (also referred to as Thales) Groves, Aerospace Engineer, Issued in Renton, Washington, on August Service Bulletin 961266–34–038, which International Branch, ANM–116, FAA, 9, 2002. specifies 8 work hours for shop labor Transport Airplane Directorate, 1601 Vi Lipski, per each SGU, or $2,352 per airplane; Lind Avenue, SW., Renton, Washington Manager, Transport Airplane Directorate, and shop materials at $2,126 per each 98055–4056; telephone (425) 227–1503; Aircraft Certification Service. SGU, or $6,380 for three SGUs per fax (425) 227–1149. [FR Doc. 02–20707 Filed 8–16–02; 8:45 am] airplane. SUPPLEMENTARY INFORMATION BILLING CODE 4910–13–P : A We partially concur with these proposal to amend part 39 of the Federal comments. First, we point out that our Aviation Regulations (14 CFR part 39) to estimate of 4 work hours, as specified in DEPARTMENT OF TRANSPORTATION include an airworthiness directive (AD) the proposed AD, is based on the that is applicable to certain Airbus estimate specified in Airbus Service Federal Aviation Administration Model A300–600 and A310 series Bulletin A300–34–6132. However, we airplanes was published in the Federal agree that it is necessary to include 14 CFR Part 39 Register on April 3, 2002 (67 FR 15762). additional costs for the bench That action proposed to require [Docket No. 2001–NM–348–AD; Amendment modification. Those costs are included 39–12863; AD 2002–16–24] replacement of certain symbol generator in the Thompson-CSF Sextant service units (SGUs) in the electronic flight bulletin, which specifies 1 work hour RIN 2120–AA64 instrument system with new, improved per SGU to perform the bench SGUs, and modification of associated modification, for a total of 3 work hours Airworthiness Directives; Airbus Model equipment and wiring. for each airplane. We do not agree with A300 B4–600, B4–600R, and F4–600R Comments the commenter’s estimate of 8 work (Collectively Called A300–600) Series hours per SGU for the bench Airplanes; and Model A310 Series Interested persons have been afforded modification because no substantiation Airplanes an opportunity to participate in the was provided for such a figure. The cost making of this amendment. Due AGENCY: Federal Aviation analysis in AD rulemaking actions consideration has been given to the Administration, DOT. typically does not include incidental comments received. costs, such as the time required to gain ACTION: Final rule. Request To Revise Cost Estimate access and close up; planning time; or SUMMARY: This amendment adopts a time necessitated by other The Air Transport Association (ATA) new airworthiness directive (AD), administrative actions. Because of America, on behalf of its members, applicable to certain Airbus Model incidental costs may vary significantly generally supports the intent of the A300–600 and A310 series airplanes, from operator to operator, they are proposed AD. However, one commenter that requires replacement of certain almost impossible to calculate. has suggested revising the cost estimate symbol generator units (SGUs) in the Second, we agree that the cost specified in the proposed AD. These electronic flight instrument system with estimate of $710 per airplane should be comments and FAA responses are as new, improved SGUs, and modification increased, based on additional costs for follows: the bench modification. Although we of associated equipment and wiring. • The commenter states that, This action is necessary to ensure that inadvertently failed to include the costs although the proposed AD specifies a for the bench modification in the the flightcrew has adequate flight labor rate of $60 per hour, the information by preventing temporary proposed AD, that action was part of the commenter’s labor rate is $98 per hour. modification action required by the loss of data from the primary flight and We point out that our estimate of $60 navigation displays. Inadequate flight proposed AD. We note that the per work hour is the current burdened Thompson-CSF Sextant service bulletin information could result in reduced labor rate established for use by the is referenced in Airbus Service Bulletins situational awareness for the flightcrew, Office of Aviation Policy, Plans, and A310–34–2157 (which is referenced in which could contribute to loss of Management Analysis. (The burdened the proposed AD as an appropriate control or impact with obstacles or labor rate includes the actual labor cost, source of service information) and terrain. This action is intended to overhead, administrative expenses, etc.) A300–34–6132 as an additional source address the identified unsafe condition. Because the labor rate used in our of service information. DATES: Effective September 23, 2002. calculations accounts for the variations Based on this information, we have The incorporation by reference of in costs among those in the airline revised the cost estimate in the final certain publications listed in the industry, we consider that $60 per work rule to specify 7 instead of 4 work hours regulations is approved by the Director hour is appropriate. No change to the and to include an additional $6,810 for of the Federal Register as of September final rule is necessary in this regard. shop materials. In addition, we have 23, 2002. • The commenter considers that 7 added a new Note 2 to the final rule to ADDRESSES: The service information instead of the 4 work hours cited in the specify the Thompson-CSF Sextant referenced in this AD may be obtained proposed AD is needed to accomplish service bulletin as an additional source from Airbus Industrie, 1 Rond Point the actions specified in Airbus Service of service information, and have Maurice Bellonte, 31707 Blagnac Cedex, Bulletin A300–34–6132, dated May 17, renumbered the succeeding notes France. This information may be 2001 (which is referenced in the accordingly.
VerDate Aug<2,>2002 13:27 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\19AUR1.SGM pfrm15 PsN: 19AUR1 53734 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Rules and Regulations
Request To Revise Paragraph (a) of figures discussed in AD rulemaking except those on which Airbus Service Proposed AD actions represent only the time Bulletin A300–34–6132 or A310–34–2157, necessary to perform the specific actions both dated May 17, 2001 (Airbus Industrie One commenter states that the Modification 12100 or 12291), has been ‘‘Replacement and Modification actually required by the AD. These figures typically do not include accomplished. section,’’ paragraph (a) of the proposed Note 1: This AD applies to each airplane AD, is obsolete. The commenter adds incidental costs, such as the time required to gain access and close up, identified in the preceding applicability that, although paragraph (a) of the provision, regardless of whether it has been proposed AD requires installing SGU planning time, or time necessitated by other administrative actions. otherwise modified, altered, or repaired in part number (P/N) 9612660321, that P/ the area subject to the requirements of this N was recently removed from the Regulatory Impact AD. For airplanes that have been modified, Illustrated Parts Catalog and replaced by altered, or repaired so that the performance The regulations adopted herein will P/N 9612660420. of the requirements of this AD is affected, the not have a substantial direct effect on We do not agree that the replacement owner/operator must request approval for an the States, on the relationship between and modification action is obsolete for alternative method of compliance in the national Government and the States, the airplanes cited in the applicability accordance with paragraph (b) of this AD. or on the distribution of power and of the proposed AD. We point out that The request should include an assessment of responsibilities among the various the effect of the modification, alteration, or the airplanes operated by the levels of government. Therefore, it is repair on the unsafe condition addressed by commenter, United Parcel Service (UPS) determined that this final rule does not this AD; and, if the unsafe condition has not Airlines, incorporate Airbus Industrie have federalism implications under been eliminated, the request should include Modification 12100. As noted in the Executive Order 13132. specific proposed actions to address it. applicability of the NPRM, airplanes For the reasons discussed above, I Compliance: Required as indicated, unless incorporating Airbus Industrie certify that this action (1) is not a accomplished previously. Modification 12100 are not included in ‘‘significant regulatory action’’ under To ensure that the flightcrew has adequate the applicability. We also point out that Executive Order 12866; (2) is not a flight information by preventing temporary (P/N) 9612660420 is unique to the UPS ‘‘significant rule’’ under DOT loss of data from the primary flight and Airlines airplanes that have Regulatory Policies and Procedures (44 navigation displays, accomplish the following: incorporated Airbus Modification FR 11034, February 26, 1979); and (3) 12100, and that P/N 9612660420 is will not have a significant economic Replacement and Modification specified in their customized Illustrated impact, positive or negative, on a (a) Within 3 years after the effective date Parts Catalog. In light of this, no change substantial number of small entities of this AD, replace all symbol generator units to the final rule is necessary in this under the criteria of the Regulatory (SGUs), part number (P/N) 9612660319, in regard. Flexibility Act. A final evaluation has the electronic flight instrument system, with Conclusion been prepared for this action and it is new, improved SGUs, P/N 9612660321, and contained in the Rules Docket. A copy modify associated equipment and wiring, After careful review of the available of it may be obtained from the Rules according to Airbus Service Bulletin A300– data, including the comments noted Docket at the location provided under 34–6132 (for Model A300–600 series above, the FAA has determined that air airplanes) or A310–34–2157 (for Model A310 the caption ADDRESSES. safety and the public interest require the series airplanes), both dated May 17, 2001, as adoption of the rule with the changes List of Subjects in 14 CFR Part 39 applicable. described previously. The FAA has Air transportation, Aircraft, Aviation Note 2: Airbus Service Bulletin A300–34– determined that these changes will 6132 or A310–34–2157, both dated May 17, safety, Incorporation by reference, 2001, references Thompson-CSF Sextant neither increase the economic burden Safety. on any operator nor increase the scope Service Bulletin 961266–34–038 as an of the AD. Adoption of the Amendment additional source of service information for accomplishment of the modification. Cost Impact Accordingly, pursuant to the authority delegated to me by the Alternative Methods of Compliance The FAA estimates that 142 airplanes Administrator, the Federal Aviation (b) An alternative method of compliance or of U.S. registry will be affected by this Administration amends part 39 of the adjustment of the compliance time that AD. We estimate that it will take Federal Aviation Regulations (14 CFR provides an acceptable level of safety may be approximately 7 work hours per part 39) as follows: used if approved by the Manager, airplane to accomplish the required International Branch, ANM–116, Transport SGU replacement and modification of PART 39—AIRWORTHINESS Airplane Directorate, FAA. Operators shall associated equipment and wiring DIRECTIVES submit their requests through an appropriate (including the bench modification), and FAA Principal Maintenance Inspector, who that the average labor rate is $60 per 1. The authority citation for part 39 may add comments and then send it to the work hour. Required parts will cost continues to read as follows: Manager, International Branch, ANM–116. approximately $7,280 per airplane Authority: 49 U.S.C. 106(g), 40113, 44701. Note 3: Information concerning the (including the kit modification). Based existence of approved alternative methods of on these figures, the cost impact of the § 39.13 [Amended] compliance with this AD, if any, may be AD on U.S. operators is estimated to be 2. Section 39.13 is amended by obtained from the International Branch, $1,093,400, or $7,700 per airplane. adding the following new airworthiness ANM–116. The cost impact figure discussed directive: Special Flight Permits above is based on assumptions that no 2002–16–24 Airbus Industrie: Amendment (c) Special flight permits may be issued in operator has yet accomplished any of 39–12863. Docket 2001–NM–348–AD. accordance with sections 21.197 and 21.199 the requirements of this AD action, and Applicability: Model A300 B4–600, B4– of the Federal Aviation Regulations (14 CFR that no operator would accomplish 600R, and F4–600R (collectively called 21.197 and 21.199) to operate the airplane to those actions in the future if this AD A300–600) series airplanes; and Model A310 a location where the requirements of this AD were not adopted. The cost impact series airplanes; certificated in any category; can be accomplished.
VerDate Aug<2,>2002 13:27 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\19AUR1.SGM pfrm15 PsN: 19AUR1 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Rules and Regulations 53735
Incorporation by Reference SUPPLEMENTARY INFORMATION: The Coast display. The effect will be to restrict (d) The actions shall be done in accordance Guard is implementing a permanent general navigation in the regulated area with Airbus Service Bulletin A300–34–6132, special local regulation in 33 CFR for the safety of spectators and vessels dated May 17, 2001; or Airbus Service 100.1101, for a marine event. The transiting the event area. Bulletin A310–34–2157, dated May 17, 2001; following special local regulation will EFFECTIVE DATES: 33 CFR 100.515 is as applicable. This incorporation by be enforced in the month of September: reference was approved by the Director of the effective from 5:30 p.m. to 11 p.m. on Thunderboat Regatta. This special September 14, 2002. Federal Register in accordance with 5 U.S.C. local regulation will be enforced from FOR FURTHER INFORMATION CONTACT: 552(a) and 1 CFR part 51. Copies may be 7:30 a.m. on September 20, 2002 until obtained from Airbus Industrie, 1 Rond Point 5:30 p.m. on September 22, 2002. Ronald Houck, Marine Information Maurice Bellonte, 31707 Blagnac Cedex, Specialist, Commander, Coast Guard France. Copies may be inspected at the FAA, These special local regulations permit Coast Guard control of vessel traffic in Activities Baltimore, 2401 Hawkins Transport Airplane Directorate, 1601 Lind Point Road, Baltimore, MD 21226–1971, Avenue, SW., Renton, Washington; or at the order to ensure the safety of spectator Office of the Federal Register, 800 North and participant vessels. In accordance at (410) 576–2674. Capitol Street, NW., suite 700, Washington, with the regulations in 33 CFR SUPPLEMENTARY INFORMATION: The City DC. 100.1101, all persons and/or vessels not of Baltimore will sponsor the Defender’s Note 4: The subject of this AD is addressed registered with the sponsor as Day fireworks display on September 14, in French airworthiness directive 2001– participants or official patrol vessels are 2002 over the waters of the Patapsco 467(B), dated October 3, 2001. considered spectators. The ‘‘official River, Baltimore, Maryland. The patrol’’ consists of any Coast Guard, fireworks display will be launched from Effective Date public, state or local law enforcement a barge positioned within the regulated (e) This amendment becomes effective on and sponsor-provided vessels assigned area. A fleet of spectator vessels is September 23, 2002. or approved, by Commander, Eleventh expected to gather nearby to view the Issued in Renton, Washington, on August Coast Guard District to patrol each aerial display. In order to ensure the 9, 2002. event. No spectators shall anchor, block, safety of spectators and transiting Vi Lipski, loiter in, or impede the through transit vessels, 33 CFR 100.515 will be in effect Manager, Transport Airplane Directorate, of participants or official patrol vessels for the duration of the event. Under Aircraft Certification Service. in the regulated area during the effective provisions of 33 CFR 100.515, a vessel [FR Doc. 02–20708 Filed 8–16–02; 8:45 am] dates and times, unless cleared for such may not enter the regulated area unless BILLING CODE 4910–13–P entry by or through an official patrol it receives permission from the Coast vessel. When hailed or signaled by an Guard Patrol Commander. Spectator official patrol vessel, a spectator must vessels may anchor outside the DEPARTMENT OF TRANSPORTATION come to an immediate stop. Vessels regulated area but may not block a must comply with all directions given, navigable channel. Coast Guard failure to do so may result in a citation. In addition to this notice, the Dated: July 31, 2002. maritime community will be provided 33 CFR Part 100 T.S. Sullivan, extensive advance notification via the Local Notice to Mariners, marine [CGD11–02–004] Captain, U. S. Coast Guard, Acting Commander, Eleventh Coast, Guard District. information broadcasts, and area RIN 2115–AE46 newspapers, so mariners can adjust [FR Doc. 02–20953 Filed 8–16–02; 8:45 am] their plans accordingly. Special Local Regulations; San Diego BILLING CODE 4910–15–P Thunderboat Regatta Dated: August 8, 2002. A.E. Brooks, AGENCY: Coast Guard, DOT. DEPARTMENT OF TRANSPORTATION Captain, U.S. Coast Guard, Acting ACTION: Notice of implementation of Commander, Fifth Coast Guard District. regulation. Coast Guard [FR Doc. 02–21026 Filed 8–16–02; 8:45 am] BILLING CODE 4910–15–P SUMMARY: The Coast Guard is 33 CFR Part 100 implementing special local regulations [CGD05–02–058] for the Thunderboat Regatta, one of the DEPARTMENT OF TRANSPORTATION Southern California annual marine Special Local Regulations for Marine events. The name of this event has Events; Patapsco River, Baltimore, Coast Guard formally changed to San Diego Maryland Thunderboat Regatta. This action is 33 CFR Part 160 necessary to control vessel traffic in the AGENCY: Coast Guard, DOT. regulated areas during the event to ACTION: Notice of implementation of [USCG–2001–8659] ensure the safety of participants and regulation. RIN 2115–AG06 spectators. SUMMARY: The Coast Guard is Notification of Arrival: Addition of EFFECTIVE DATES: The special local implementing the special local Charterer to Required Information regulations for the Thunderboat Regatta regulations at 33 CFR 100.515 during (§ 100.1101) will be enforced from 7:30 the Defender’s Day fireworks display to AGENCY: Coast Guard, DOT. a.m. on September 20, 2002 until 5:30 be held September 14, 2002, over the ACTION: Final rule. p.m. September 22, 2002. waters of the Patapsco River at FOR FURTHER INFORMATION CONTACT: Baltimore, Maryland. These special SUMMARY: The Coast Guard amends its Petty Officer Austin Murai, U.S. Coast local regulations are necessary to advance notification requirements in the Guard Marine Safety Office San Diego, control vessel traffic due to the confined Notification of Arrival regulations for San Diego, California; Telephone: (619) nature of the waterway and expected vessels bound for ports or places in the 683–6495. vessel congestion during the fireworks United States. In addition to the
VerDate Aug<2,>2002 16:26 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\19AUR1.SGM pfrm15 PsN: 19AUR1 53736 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Rules and Regulations
information already required by these steady increase in the number of We received four comments regulations, this rule will require the substandard non-U.S. flagged vessels addressing ownership differences. One owner, master, operator, agent, or visiting U.S. waters. The program’s goal asked if the rule would regulate time person in charge of the vessel to identify is the elimination of substandard vessels charterers, voyage charterers, or both. the charterer of their vessel. The from U.S. waters. To meet this goal, we The commenter said charterers are not addition of the charterer information developed a risk-based targeting matrix normally responsible for, and have no will allow us to better identify that evaluated a foreign vessel’s Flag direct control over the condition of charterers associated with substandard State, owner, operator, classification vessels that they charter. According to vessels. society, vessel type, and its compliance the commenter, changing the regulation will not help the Coast Guard ensure DATES: This final rule is effective history. The matrix allowed limited vessels are operated safely. We disagree. September 18, 2002, except for Coast Guard resources to be directed to The rule will apply to all charterers that §§ 160.T208(c)(15)(iv) and (c)(16) and those vessels that posed the greatest risk are responsible for chartering the 160.T212(b)(20), which are effective to safety and the environment. The majority of a vessel’s cargo carrying September 18, 2002, through September matrix’s basis is derived from capacity. When a charterer is 30, 2002. information obtained as part of a vessel’s notification of arrival, required contracting for the services of a vessel ADDRESSES: Comments and material by 33 CFR part 160, subpart C. The to carry goods, that individual or received from the public, as well as Captain of the Port (COTP) uses the organization has the greatest amount of documents mentioned in this preamble matrix as a tool to score each arriving control in selecting a vessel in suitable as being available in the docket, are part foreign vessel. The COTP then condition to make a voyage to the of docket USCG–2001–8659 and are prioritizes boardings based on each United States. For example, if the vessel available for inspection or copying at vessel’s score. If a vessel is determined is substandard, the charterer can opt to the Docket Management Facility, U.S. to be substandard, it is detained until not enter into a charterer agreement. Department of Transportation, room PL– the deficiencies are corrected. Although We received three comments 401, 400 Seventh Street SW., the number of detentions of substandard addressing the definition of ‘‘charterer’’, Washington, DC, between 9 a.m. and 5 vessels fell from 547 in 1997 to 193 in with two asking for a clarification in p.m., Monday through Friday, except 2000, there are still too many defining the term. Of those, one stated Federal holidays. You may also find this substandard vessels calling on U.S. the definition could create confusion docket on the Internet at http:// ports. and uncertainty in determining the type dms.dot.gov. of charterer. One comment said only the The Coast Guard knows that many ‘‘head charterer’’ should be listed FOR FURTHER INFORMATION CONTACT: If companies chartering vessels to move because that would identify the most you have questions on this rule, call their cargo go to great lengths to ensure important ‘‘charterer’’ and reduce the Project Manager Michael Jendrossek, that the vessels they charter are sound complication of listing every U.S. Coast Guard, Office of Vessel and and pose minimal risks. In other cases, ‘‘charterer’’. We agree with the Facility, Operating and Environmental individuals or corporations select a comment’s intent. We have modified the Standards Division (G-MSO), telephone vessel based solely on the cost of language to alleviate any confusion as to 202–267–0836. If you have questions on chartering the vessel, foregoing any viewing the docket, call Dorothy Beard, whose identity we are seeking. The examination of the vessel’s condition, Coast Guard is requiring only the Chief, Dockets, Department of safety, and casualty history. It is the identity of the individual or Transportation, telephone 202–366– Coast Guard’s opinion these two organization that contracts for the 5149. scenarios demonstrate the value of majority of a vessel’s cargo carrying SUPPLEMENTARY INFORMATION: collecting the arriving vessel’s charterer capacity. The person or organization as one more factor in the Port State Regulatory History that contracts for this amount of space Control matrix. has control over vessel selection and, On August 18, 2000, we published a Discussion of Comments and Changes therefore, the condition of the vessel notice of request for comment entitled they choose to hire. It is not our intent ‘‘Notification of Arrival: Addition of We received 10 comment letters to capture minor space charterers who Charterer or Cargo Owner to Required containing 21 comments in response to are not involved in vessel selection. We Information’’ (65 FR 50481). The notice the NPRM (66 FR 21710, May 1, 2001) also added explicit reference to the sought to enhance the Coast Guard’s and our proposed amendments to the ‘‘types’’ of charters that are subject to understanding of the role of charterers advance notification requirements in 33 this change. and cargo owners in influencing the CFR part 160, subpart C. We received two comments in quality of shipping. We received 16 We received four comments support of not collecting information on comments, which were summarized in supporting the rule. Of those, two cargo owners, which were included in a notice of proposed rulemaking commenters stated publishing a list of our August 2000 request for comments. (NPRM) (66 FR 21710, May 1, 2001). substandard vessels could enhance Both agreed that the frequent changes in The NPRM proposed including the vessel compliance with safety and ownership of given cargo would overly charterer information, but not the cargo pollution standards by deterring the complicate the reporting effort. In owner information. After publication of chartering of substandard vessels. One response to our request for comments, the NPRM, we received 10 letters indicated the rule would improve the we received numerous negative containing 21 comments on the Port State Control initiative by bringing comments opposed to the collection of proposed rule. No public hearing was greater transparency to the Coast cargo owner information. Based on requested and none was held. Guard’s ability to target specific vessels these responses, we elected not to for inspections. One stated the rule propose collecting cargo owner Background and Purpose would allow the Coast Guard to build a information in the NPRM, or in this The Coast Guard initiated the Port database to properly assess if some final rule. State Control program in April 1994 companies are frequently associated We received two comments that because of concerns raised over the with chartering substandard vessels. stated the charterer of a vessel is
VerDate Aug<2,>2002 13:27 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\19AUR1.SGM pfrm15 PsN: 19AUR1 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Rules and Regulations 53737
generally considered confidential and charterer information for the type of substandard vessels and has reduced commercial proprietary information. Of agreement described by the commenter. accidents and pollution, but identifying those, one stated publishing a list of One commenter said the definition is the charterer for every vessel is charterers associated with detentions too broad and would create multiple unnecessary. We disagree. Collecting would not improve compliance, but ‘‘charterers’’ among liner carriers who charterer information will enhance our instead hurt sensitive marketplaces such are sharing space on the same voyage. ability to utilize limited resources to as the Great Lakes and that the The commenter stated the Coast Guard enforce our Port State Control program marketplace will detract a charterer should only be interested in ‘‘the carrier more effectively. from substandard vessel usage instead directly responsible for the mechanical One commenter supports the of forcing better compliance. The Coast operation of the specific vessel arriving temporary collection of charterer Guard disagrees. Anyone involved in in a U.S. port.’’ We agree. Our definition information stating the collection the selection and chartering of a vessel of charterer, provided in § 160.203, should be for at least one year and only to carry cargo to the United States is captures the individual (or corporation) for internal use by the Coast Guard. The subject to analysis to determine if their who charters for the majority of a commenter stated there should be a business practices pose an vessel’s cargo capacity. Thus, anyone clear connection between the environmental threat. Additionally, the chartering less than the majority would requirement and the desired result. The charterer information is being provided not be included in this rule. If, however, commenter also said that the rule would to the government, not to the public. one individual contracts for a majority not help the Coast Guard in identifying Any subsequent release to the public, of the vessel and then subcharters the substandard vessels. We disagree. The under the Freedom of Information Act vessel’s available cargo space, the object of the program is to identify (FOIA), for example, would be analyzed original contractor is the charterer we charterers that continually use to ensure no actual proprietary want to identify. substandard vessels to carry cargo. information is released. One commenter indicated adding the When scored according to their history, One commenter addressed charterer’s name would be a potential charterers that fit into the high-risk problem and could do more harm than applicability involving certain vessel category will have their vessels targeted good, but did not go into specifics. operations. The commenter stated for boarding. Without more information regarding the One commenter asked that the Great vessels conducting operations, such as problem mentioned by the commenter, Lakes be considered separately in regard drilling or construction on the Outer we are unable to give a specific to this rule. According to the Continental Shelf (OCS), do not have a response. The Coast Guard reiterates its commenter, more than 80 percent of the ‘‘charterer’’ under the rule’s definition. belief that collecting charterer vessels using the Great Lakes Waterway The commenter also said each vessel information will increase the system are already known by the Marine arriving at an OCS facility is contracted effectiveness of the Port State Control Safety Office Buffalo and the Saint for its crew and services by a ‘‘lessee’’ matrix. Lawrence Seaway agencies, who would or ‘‘permitee’’, not for its capacity to One commenter asked the Coast know what vessels throw up a ‘‘red transport cargo to a port. In cases Guard to look into the duplication of flag’’ because of the vessels’ regular use involving vessels that do not have reporting requirements in regard to of the Lakes. We disagree. This rule charterers in accordance with the mobile offshore drilling units (MODUs). seeks information on charterers, not definition of this subpart, a vessel need The commenter recommended we add vessels. The Coast Guard is adding an only provide all other pre-arrival language to the rule to this effect: if your important element, the charterer, to the notification information. vessel meets the requirements of 33 CFR targeting matrix. This additional One commenter asked that bareboat 146.202, you are also in compliance information will allow the Coast Guard chartering agreements not fall under the with 33 CFR part 160. We disagree. The to further utilize its limited resources in definition of ‘‘charterer’’ because it is reporting requirements contained in 33 the most judicious manner. already included in the existing CFR 146.202 are specifically for One commenter stated a charterer Notification of Arrival requirements. operations on the Outer Continental should not be responsible or liable for The commenter stated under bareboat Shelf and do not apply to arrival and the conditions over which they have no agreements, the charterer is the ‘‘legal departure from ports within the United control. The commenter added that and de facto operator.’’ We agree. States. voyage charterers, in particular, have Bareboat, or demise charterer One commenter stated the Coast little or no role in a vessel’s compliance agreements are not part of the Guard is seeking information on the with the international standards. With ‘‘charterer’’ definition in this subpart. majority of a vessel’s cargo capacity the Great Lakes being a small system, Bareboat and demise charterers are instead of the individual goods being the commenter indicates enhancing the further discussed in 46 CFR 169.107, delivered to a port. The commenter said PSC matrix would be unnecessary. We amended by final rule, published in the the rule would not stop charterers from disagree. When an individual or Federal Register on May 15, 2002 (67 seeking substandard vessels to reduce organization seeks to charter a vessel for FR 34756). their transportation cost. We disagree. the purpose of carrying cargo to the One commenter indicated that time We are seeking information on the United States, they have the option of and voyage charterers should be individual or organization that contracts ensuring that the vessel they charter is considered ‘‘charterers’’ as part of the for the majority of a vessel’s cargo in suitable condition to be in Notification of Arrival requirements carrying capacity. It is our contention compliance with all U.S. laws and because those agreements are that this individual or organization has international accords. comparable to ‘‘single charterer—single the power of vessel selection in the vessel—single cargo’’ scenarios. We process and, therefore, can exercise the Discussion of Final Rule agree with the comment’s intent. The option of choosing a vessel that is not In our August, 2000, NPRM for this purpose of this rulemaking is to identify substandard. rulemaking, we proposed amending the the single entity responsible for One commenter said the Coast permanent requirements in 33 CFR part selecting a vessel for a particular Guard’s Port State Control matrix has 160. On October 4, 2001, however, the voyage. Thus, we are looking to capture been successful in identifying Coast Guard published a temporary final
VerDate Aug<2,>2002 13:27 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 E:\FR\FM\19AUR1.SGM pfrm15 PsN: 19AUR1 53738 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Rules and Regulations
rule entitled, ‘‘Temporary Requirements • Voyage Charterer. The party who suspended sections by making for Notification of Arrival in U.S. Ports’’ hires a vessel for a single voyage. The permanent the provisions of the (66 FR 50565). That temporary rule owner and his crew manage the vessel, temporary final rule. suspended the majority of the sections but the charterer selects the ports of The population of vessels affected by we had proposed amending and added destination. • the final rule will also be modified by temporary sections in their place. That Demise Charterer. A legally binding a notice of proposed rulemaking temporary rule was amended on document for a term of one year or more (NPRM) entitled ‘‘Notification of Arrival November 19, 2001, and January 18, under which, for the period of the in U.S. Ports’’ published in the Federal 2002 (66 FR 57877; 67 FR 2571) and on charter, the party who leases or charters Register on June 19, 2002 (67 FR 41659), May 30, 2002, was extended until the vessel, known as the bareboat or which proposes to further amend September 30, 2002 (67 FR 37682). On demise charterer, assumes legal requirements for the Notification of June 19, 2002, the Coast Guard responsibility for all of the levels of Arrival. The proposed rule removed published an NPRM (67 FR 41659) ownership, including insuring, reporting exemptions for vessels under proposing to make permanent changes manning, supplying, repairing, fueling, the Automated Mutual Assistance to the notice of arrival requirements. maintaining, and operating the vessel. Vessel Rescue System (AMVER), certain Then on July 23, 2002, we proposed an The term ‘‘bareboat or demise charterer’’ vessels operating solely on the Great is synonymous with ‘‘owner pro hac additional extension of the temporary Lakes, and vessels operating on a vice’’. This information is captured rule (67 FR 48073). The temporary rule, regularly scheduled route. The through the submission of the owner/ therefore, could be effective until the evaluation for this final rule considers operator information for the Advance permanent changes are published, the cost for submitting the charterer Notice of Arrival. perhaps until March 31, 2003. We have information for this new population of decided, therefore, to make the changes Regulatory Evaluation vessels. to the currently effective ‘‘temporary’’ sections in 33 CFR part 160 instead of This rule is not a ‘‘significant The cost of the final rule to industry to the suspended permanent sections, as regulatory action’’ under section 3(f) of is presented in Table 1. The estimate of proposed in our NPRM. The changes Executive Order 12866, Regulatory the number of arrivals is based on made by this rule will then be Planning and Review, and does not average annual arrivals for 1998 and incorporated into the permanent require an assessment of potential costs 1999. The ‘‘Non-AMVER/Non-Great sections in 33 CFR part 160 when those and benefits under section 6(a)(3) of that Lakes’’ number of arrivals is for those revisions are completed. Order. The Office of Management and non-exempt vessels covered by existing With this final rule allowing the Coast Budget has not reviewed it under that Notification of Arrival requirements in Guard to enforce the new requirement Order. It is not significant under the 33 CFR part 160 and were included in for charterer information, we also regulatory policies and procedures of the evaluation of the proposed rule for recognize that the various names used the Department of Transportation (44 FR charterers. The AMVER and Great Lakes for different charterer scenarios adds to 11040, February 26, 1979). number of arrivals is the new some of the confusion regarding this The regulatory baseline for this final population of vessels that would be requirement. In order to clarify this rule is the existing requirements in 33 required to submit Notifications of rulemaking, we added definitions for CFR part 160. On October 4, 2001, the Arrival under the proposed rule time and voyage charters into the Coast Guard published a temporary final published on June 19, 2002. These regulations, and we offer the following rule entitled, ‘‘Temporary Requirements vessels would also be required to explanations of various types of for Notification of Arrival in U.S. Ports’’ complete the information on vessel charterers: (66 FR 50565). The temporary final rule charterer under this final rule. We • Time Charterer. The party who suspended the sections of which this estimate that including the information hires a vessel for a specific amount of rulemaking amends until September 30, for the charterer will require 1 minute time. The owner and his crew manage 2002. Also, on May 30, 2002, the Coast (0.017 hours) to complete on the the vessel, but the charterer selects the Guard published an NPRM (67 FR Notification of Arrival form, at a cost of ports of destination. 37682) proposing to amend the $43 per hour.
TABLE 1.—ANNUAL COST AND BENEFIT OF THE PROPOSED RULE (2002 DOLLARS)
Cost per ar- NOA report Arrivals rival Annual cost
Non-AMVER/Non-Great Lakes ...... 63,286 $0.72 $45,566 AMVER ...... 4,040 0.72 2,909 Great Lakes ...... 813 0.72 585
Totals ...... 68,139 ...... $49,060 Detail may not calculate to total due to independent rounding.
As shown, this rule is estimated to previously they could not). the costs of the final rule are cost approximately $50,000 annually. Consequently, the number of arrivals conservative estimates. Under the proposed rule for presented in Table 1 may overstate the Over the next 10 years, the Present ‘‘Notification of Arrival in U.S. Ports’’ actual number of annual arrivals in U.S. Value (PV) cost of the final rule is published June 19, 2002, vessel owners ports that will have individual reports. $367,697 (2002–2011, 7 percent and operators could now consolidate The arrivals in Table 1, therefore, discount rate, 2002 dollars). multiple arrivals in U.S. ports in a represent the ‘‘worst-case’’ scenario and The potential benefits of the final rule single Notification of Arrival (where are not quantifiable, but include the
VerDate Aug<2,>2002 13:27 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\19AUR1.SGM pfrm15 PsN: 19AUR1 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Rules and Regulations 53739
following: (1) U.S. waters will 3520). As defined in 5 CFR 1320.3(c), annual burden is 174,179 hours (total experience increased safety; (2) U.S. ‘‘collection of information’’ comprises annual burden is the time required to waters will experience a decrease in reporting, recordkeeping, monitoring, complete the paperwork requirements of damage to property and the posting, labeling, and other similar the rule for all responses). This final environment; (3) the Coast Guard will actions. The title and description of the rule will increase the total annual target substandard vessels traveling U.S. information collections, a description of burden by 1,136 hours for a net total of waters that pose safety and those who must collect the information, 175,315 hours. environmental risks; (4) the Coast Guard and an estimate of the total annual As required by 44 U.S.C. 3507(d), we will spend less effort on compliant burden follow. The estimate covers the submitted a copy of this rule to the vessels; (5) the Coast Guard will spend time for reviewing instructions, Office of Management and Budget more effort examining previously searching existing sources of data, (OMB) for its review of the collection of unboarded vessels; (6) the Coast Guard gathering and maintaining the data information. will have more information on foreign needed, and completing and reviewing Federalism vessels traveling U.S. waters; (7) the the collection. Coast Guard and vessel owners will Title: Notification of Arrival: Addition We analyzed this rule under have better understanding of the risks of Charterer to Required Information. Executive Order 13132, Federalism. The posed by foreign vessels; and (8) the Summary of the Collection of existing advance notice of arrival degrees of liability would be clarified. Information: This rule amends 33 CFR regulation in 33 CFR 160.213, which is 160.203, 160.T208, and 160.T212 to issued under Title I of the Ports and Small Entities include the name of the vessel’s Waterways Safety Act, is preemptive of Under the Regulatory Flexibility Act charterer as part of the information any State rule that would also require (5 U.S.C. 601–612), we have considered required for vessels bound for ports or the vessel to provide the State, or one whether this rule would have a places in the United States. This of its political subdivisions, advance significant economic impact on a collection of information will add notice of arrival. (See, U.S. v. Locke, 529 substantial number of small entities. minimal burden to the information U.S. 89, 120 S.CT 1135 (2000)). The term ‘‘small entities’’ comprises collection described in OMB 2115– However, the Coast Guard has, in small businesses, not-for-profit 0557, Advance Notice of Vessel Arrival numerous instances, through organizations that are independently and Departure. The new collection of Memoranda of Agreement with an owned and operated and are not information estimate is based on the interested State, cooperated with the dominant in their fields, and current collection, which is accounted States and agreed to provide the governmental jurisdictions with for in the temporary rule published information contained in the advance populations of less than 50,000. October 4, 2001, and the NPRM notice of arrival to the States. It will The final rule does not include any published June 19, 2002. continue to do so. special provisions for small entities. Use of Information: The Coast Guard However, the burden required by this will use the information collected to Unfunded Mandates Reform Act rule is so minimal (only 1 minute per identify those vessels that pose the The Unfunded Mandates Reform Act Notification of Arrival) that the Coast highest risks to U.S. waterways and of 1995 (2 U.S.C. 1531–1538) requires Guard certifies under 5 U.S.C. 605(b) ports, and target those vessels for Federal agencies to assess the effects of that this final rule will not have a inspection. their discretionary regulatory actions. In significant economic impact on a Description of the Respondents: The particular, the Act addresses actions substantial number of small entities. respondents are vessel crews traveling that may result in the expenditure by a U.S. waterways and hailing U.S. ports State, local, or tribal government, in the Assistance for Small Entities that must report an Advance aggregate, or by the private sector of Under section 213(a) of the Small Notification of Arrival. $100,000,000 or more in any one year. Business Regulatory Enforcement Number of Respondents: The existing Though this rule will not result in such Fairness Act of 1996 (Public Law 104– OMB-approved collection number of an expenditure, we do discuss the 121), we offered to assist small entities respondents is 10,367 (respondents are effects of this rule elsewhere in this in understanding the rule so that they owners/operators of the vessels calling preamble. could better evaluate its effects on them on U.S. ports annually). This final rule and participate in the rulemaking. will not increase the number of Taking of Private Property Small businesses may send comments respondents. This rule will not effect a taking of on the actions of Federal employees Frequency of Response: Owners/ private property or otherwise have who enforce, or otherwise determine operators of vessels making calls in U.S. taking implications under Executive compliance with, Federal regulations to ports will submit Notification of Arrival Order 12630, Governmental Actions and the Small Business and Agriculture reports as necessary. The existing OMB- Interference with Constitutionally Regulatory Enforcement Ombudsman approved collection number of Protected Property Rights. and the Regional Small Business responses is 68,139. This final rule will Regulatory Fairness Boards. The not increase the frequency of response. Civil Justice Reform Ombudsman evaluates these actions Burden of Response: The existing This rule meets applicable standards annually and rates each agency’s OMB-approved collection burden of in sections 3(a) and 3(b) (2) of Executive responsiveness to small business. If you response is 74 minutes (1.233 hours) Order 12988, Civil Justice Reform, to wish to comment on actions by (burden of response is the time required minimize litigation, eliminate employees of the Coast Guard, call 1– to complete the paperwork requirements ambiguity, and reduce burden. 888–REG–FAIR (1–888–734–3247). of the rule for a single response). This final rule will increase the burden of Protection of Children Collection of Information response by 1 minute (0.017 hours) for We have analyzed this rule under This rule calls for a new collection of a net total of 75 minutes (1.250 hours). Executive Order 13045, Protection of information under the Paperwork Estimate of Total Annual Burden: The Children from Environmental Health Reduction Act of 1995 (44 U.S.C. 3501– existing OMB-approved collection total Risks and Safety Risks. This rule is not
VerDate Aug<2,>2002 13:27 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 E:\FR\FM\19AUR1.SGM pfrm15 PsN: 19AUR1 53740 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Rules and Regulations
an economically significant rule and PART 160—PORTS AND WATERWAYS (20) Name of the vessel’s charterer; does not create an environmental risk to SAFETY—GENERAL * * * * * health or risk to safety that may Dated: August 13, 2002. disproportionately affect children. Subpart C—Notifications of Arrivals, Departures, Hazardous Conditions, J.P. Brusseau, Indian Tribal Governments and Certain Dangerous Cargoes Acting Assistant Commandant for Marine Safety, Security and Environmental This rule does not have tribal 1. The authority citation for Part 160 Protection. implications under Executive Order continues to read as follows: [FR Doc. 02–20954 Filed 8–16–02; 8:45 am] 13175, Consultation and Coordination Authority: 33 U.S.C. 1223, 1231; 49 CFR BILLING CODE 4910–15–P with Indian Tribal Governments, 1.46. because it does not have a substantial 2. In § 160.203, add in alphabetical DEPARTMENT OF TRANSPORTATION direct effect on one or more Indian order the definitions for ‘‘Charterer’’, tribes, on the relationship between the ‘‘Time Charterer’’ and ‘‘Voyage Coast Guard Federal Government and Indian tribes, Charterer’’ to read as follows: or on the distribution of power and 33 CFR Parts 161 and 167 responsibilities between the Federal § 160.203 Definitions. Government and Indian tribes. * * * * * [USCG–2001–10254] Charterer means the person or RIN 2115–AG20 Energy Effects organization that contracts for the We have analyzed this rule under majority of the carrying capacity of a Traffic Separation Scheme: In Prince ship for the transportation of cargo to a Executive Order 13211, Actions William Sound, AK stated port for a specified period. This Concerning Regulations That includes ‘‘time charterers’’ and ‘‘voyage AGENCY: Coast Guard, DOT. Significantly Affect Energy Supply, charterers’’. ACTION: Final rule. Distribution, or Use. We have * * * * * determined that it is not a ‘‘significant SUMMARY: Time charterer means the party who The Coast Guard is amending energy action’’ under that order because hires a vessel for a specific amount of the existing Traffic Separation Scheme it is not a ‘‘significant regulatory action’’ time. The owner and his crew manage (TSS) in Prince William Sound, Alaska. under Executive Order 12866 and is not the vessel, but the charterer selects the The amendments were adopted by the likely to have a significant adverse effect ports of destination. International Maritime Organization and on the supply, distribution, or use of Voyage charterer means the party who validated by a recent Port Access Route energy. It has not been designated by the hires a vessel for a single voyage. The Study (PARS). These amendments Administrator of the Office of owner and his crew manage the vessel, provide straight traffic lanes between Information and Regulatory Affairs as a but the charterer selects the ports of the Bligh Reef Pilot Station and Cape significant energy action. Therefore, it destination. Hinchinbrook and reduce risk for vessels operating in the area. does not require a Statement of Energy 3. In § 160.T208, which was added at Effects under Executive Order 13211. 66 FR 50565, October 4, 2001, effective DATES: This final rule is effective October 4, 2001, until June 15, 2002, September 18, 2002. Environment and amended by 66 FR 57877, ADDRESSES: Comments and material We considered the environmental November 19, 2001, and by 67 FR 2571, received from the public, as well as impact of this rule and concluded that, January 18, 2002, and extended in effect documents mentioned in this preamble as being available in the docket, are part under figure 2–1, paragraph (34)(d), of until September 30, 2002, by 67 FR of docket USCG–2001–10254 and are Commandant Instruction M16475.1D, 37682, May 30, 2002, revise paragraph available for inspection or copying at this rule is categorically excluded from (c)(15)(iv) and add new paragraph (c)(16) to read as follows: the Docket Management Facility, U.S. further environmental documentation. Department of Transportation, room PL– This rule is a procedural regulation that § 160.T208 Notice of arrival: Vessels 401, 400 Seventh Street SW., does not have any environmental bound for ports or places in the United Washington, DC, between 9 a.m. and 5 impact. A ‘‘Categorical Exclusion States. p.m., Monday through Friday, except Determination’’ is available in the * * * * * Federal holidays. You may also find this docket where indicated under (c) * * * docket on the Internet at http:// ADDRESSES. (15) * * * dms.dot.gov. (iv) Passport number; and List of Subjects in 33 CFR Part 160 (16) Name of the vessel’s charterer. FOR FURTHER INFORMATION CONTACT: If * * * * * you have questions on this final rule, Administrative practice and call LT Keith Ropella, U.S. Coast Guard 4. In § 160.T212, which was added at procedure, Harbors, Hazardous Marine Safety Office, Valdez, AK, 66 FR 50565, October 4, 2001, effective materials transportation, Marine safety, telephone 907–835–7209, e-mail October 4, 2001, until June 15, 2002, Navigation (water), Reporting and [email protected]; or George amended by 66 FR 57877, November 19, recordkeeping requirements, Vessels, Detweiler, Coast Guard, Office of Vessel 2001, and extended in effect until Waterways. Traffic Management (G–MWV), September 30, 2002, by 67 FR 37682, telephone 202–267–0574, e-mail For the reasons discussed in the May 30, 2002, add new paragraph [email protected]. If you have preamble, the Coast Guard amends 33 (b)(20) to read as follows: questions on viewing the docket, call CFR part 160, subpart C as follows: § 160.T212 Notice of arrival: Vessels Dorothy Beard, Chief, Dockets, carrying certain dangerous cargo. Department of Transportation, * * * * * telephone 202–366–5149. (b) * * * SUPPLEMENTARY INFORMATION:
VerDate Aug<2,>2002 13:27 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\19AUR1.SGM pfrm15 PsN: 19AUR1 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Rules and Regulations 53741
Regulatory History presented in the NPRM. This change Costs On February 6, 2001, we published a should have no impact on the mariner, Vessel operators would incur the notice of proposed rulemaking (NPRM) other than to avoid confusion, and is minimal cost of plotting new entitled ‘‘Traffic Separation Scheme: In explained as follows. coordinates on their existing charts or Prince William Sound, Alaska’’ in the In § 160.60(b) of the NPRM, we purchasing updated charts when Federal Register (67 FR 5538). We proposed to enlarge the Valdez Narrows available. received no letters commenting on the Vessel Traffic Service (VTS) Special Benefits proposed rule. No public hearing was Area to include the portion of the TSS requested and none was held. located in the Valdez Arm. This would The amendments to the TSS in Prince have given the Commanding Officer of William Sound, Alaska, will increase Background and Purpose the VTS the authority to direct vessels the margin of safety for all vessels The Prince William Sound (Alaska) into the separation zone if, for example, accessing the Port of Valdez. The new Traffic Separation Scheme (TSS) is an the traffic lanes became partially Precautionary Areas and amended internationally recognized routing blocked by ice from the Columbia traffic lanes will decrease the chance of measure used to minimize the risk of Glacier. Enlarging the Valdez Narrows collisions, allisions, and drift collision by separating vessels, through VTS Special Area as proposed also groundings were a vessel to become traffic lanes, into opposing streams of meant that the existing regulations for disabled. Vessels transiting the Prince traffic. The original TSS in Prince the current special area would apply to William Sound TSS should experience William Sound ran from the vicinity of the newly included geographic area. We cost savings through decreased Cape Hinchinbrook through Prince re-analyzed this proposal and operational costs, because the new William Sound and into the Valdez Arm determined that the regulations for the transit lanes in the Sound are shorter. Valdez Narrows VTS Special Area are (the entrance to Port Valdez). The Small Entities International Maritime Organization not appropriate for the new, enlarged (IMO) adopted this TSS in 1992. It is special area. Were we to make the Under the Regulatory Flexibility Act reflected on National Oceanic and regulations applicable to this new, (5 U.S.C. 601–612), we have considered Atmospheric Administration (NOAA) enlarged area, we might confuse the whether this rule would have a nautical chart 16700 and in ‘‘Ships mariner transiting to and from the Port significant economic impact on a Routeing,’’ Seventh Edition 1999, of Valdez. Therefore, instead of substantial number of small entities. International Maritime Organization. enlarging the existing Valdez Narrows The term ‘‘small entities’’ comprises On August 26, 1999, we published the VTS Special Area, we have decided to small businesses, not-for-profit results of a study in the Federal Register create a separate Valdez Arm VTS organizations that are independently (64 FR 4662), which concluded that Special Area. (See new § 161.60(b) in owned and operated and are not modifications to the original TSS were this final rule.) The geographic area dominant in their fields, and needed to improve vessel traffic encompassed by the two separate VTS governmental jurisdictions with management and safety and to reduce Special Areas is identical to that of the populations of less than 50,000. the risk of drift groundings. enlarged Valdez Narrows VTS Special This rule will have a reduced Area originally proposed in the NPRM. economic impact on vessels operated by Discussion of the Rule Mariners who transit to and from the small entities. The rule amends an This rule amends the original TSS in Port of Valdez are very familiar with the existing TSS. This action improves Prince William Sound by adopting the Valdez Narrows VTS Special Area as it safety for commercial vessels using the following amendments, as implemented exists today. Leaving it as it is and TSS by reducing the risk of collisions, by IMO on June 1, 2001: creating a new Valdez Arm VTS Special allisions, and drift groundings. Vessels 1. Establishing a precautionary area Area will have no substantive effect on that tend to use the TSS’s are southeast of Cape Hinchinbrook at the the mariner, other than to avoid commercial vessels, such as tankers. entrance to Prince William Sound. confusion. In fact, the new regulation These vessels are usually large and 2. Straightening the Prince William will be transparent to the mariners as capable of operating in an offshore Sound portion of the TSS to eliminate they transit to and from the Port of environment. Vessels voluntarily a course change. Valdez. transiting the TSS will transit 1.5 to 2.5 3. Establishing a precautionary area at nautical miles fewer per trip. The Regulatory Evaluation the Bligh Reef Pilot Station. This reduced transit distance results in precautionary area divides the present This rule is not a ‘‘significant decreased vessel operating costs, which TSS into two separate traffic separation regulatory action’’ under section 3(f) of would positively affect the overall cost schemes—a Prince William Sound Executive Order 12866, Regulatory of the complete voyage. traffic separation scheme and a Valdez Planning and Review, and does not Therefore, the Coast Guard certifies Arm traffic separation scheme. The new require an assessment of potential costs under 5 U.S.C. 605(b) that this final rule Valdez Arm TSS is slightly wider than and benefits under section 6(a)(3) of that will not have a significant economic the Valdez Arm portion of the original Order. The Office of Management and impact on a substantial number of small TSS. Budget has not reviewed it under that entities. Since IMO has already adopted and Order. It is not ‘‘significant’’ under the Assistance for Small Entities implemented the proposed traffic regulatory policies and procedures of separation schemes and precautionary the Department of Transportation (DOT) Under section 213(a) of the Small areas in its ‘‘Ships’’ Routeing Guide,’’ (44 FR 11040, February 26, 1979). We Business Regulatory Enforcement this rule aligns title 33, part 167, of the expect the economic impact of this rule Fairness Act of 1996 (Pub. L. 104–121), Code of Federal Regulations (CFR) with to be so minimal that a full Regulatory we offered to assist small entities in that guide. Evaluation under paragraph 10e of the understanding the rule so that they regulatory policies and procedures of could better evaluate its effects on them Discussion of Changes Since the NPRM DOT is unnecessary. The costs and and participate in the rulemaking. If this We have made one change, a minor benefits of this rule are summarized rule affects your small business, one, to the proposed regulatory text below: organization, or governmental
VerDate Aug<2,>2002 13:27 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 E:\FR\FM\19AUR1.SGM pfrm15 PsN: 19AUR1 53742 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Rules and Regulations
jurisdiction and you have questions State does not contemplate issuing any Energy Effects concerning its provisions or options for such rules. However, it should be noted, We have analyzed this proposed rule compliance, please consult George that by virtue of the PWSA authority, under Executive Order 13211, Actions Detweiler, Coast Guard, Marine the TSS in this rule will preempt any Concerning Regulations That Transportation Specialist, at 202–267– state rule on the same subject. Significantly Affect Energy Supply, 0574. In order to be applicable to foreign Distribution, or Use. We have Small businesses may send comments flag vessels on the high seas, TSS’s must determined that it is not a ‘‘significant on the actions of Federal employees be submitted to, approved by, and energy action’’ under that order because who enforce, or otherwise determine implemented by IMO. The Coast Guard it is not a ‘‘significant regulatory action’’ compliance with, Federal regulations to is the principal United States agency under Executive Order 12866 and is not the Small Business and Agriculture responsible for advancing the interests likely to have a significant adverse effect Regulatory Enforcement Ombudsman of the United States at IMO. In this role, on the supply, distribution, or use of and the Regional Small Business we work with all interested parties to energy. It has not been designated by the Regulatory Fairness Boards. The advance the goals of this TSS to make Ombudsman evaluates these actions Administrator of the Office of Prince William Sound more safe and Information and Regulatory Affairs as a annually and rates each agency’s environmentally secure. responsiveness to small business. If you significant energy action. Therefore, it wish to comment on actions by Unfunded Mandates Reform Act does not require a Statement of Energy employees of the Coast Guard, call 1– The Unfunded Mandates Reform Act Effects under Executive Order 13211. 888–REG–FAIR (1–888–734–3247). of 1995 (2 U.S.C. 1531–1538) requires Environment Collection of Information Federal agencies to assess the effects of We have considered the their regulatory actions. In particular, environmental impact of this rule and This rule calls for no new collection the Act addresses actions that may of information under the Paperwork concluded that, under figure 2–1, result in the expenditure by a State, paragraph (34)(i), of Commandant Reduction Act of 1995 (44 U.S.C. 3501– local, or tribal government, in the 3520). Instruction M16475.lD, this rule is aggregate, or by the private sector of categorically excluded from further Federalism $100,000,000 or more in any one year. environmental documentation. This rule Though this proposed rule would not adjusts an existing traffic separation A rule has implications for federalism result in such an expenditure, we do under Executive Order 13132, scheme. A ‘‘Categorical Exclusion discuss the effects of this rule elsewhere Determination’’ is available in the Federalism, if it has a substantial direct in this preamble. effect on State or local governments and docket where indicated under would either preempt State law or Taking of Private Property ADDRESSES. impose a substantial direct cost of This rule will not effect a taking of List of Subjects compliance on them. We have analyzed private property or otherwise have this rule under that Order and have taking implications under Executive 33 CFR Part 161 determined that it does not have Order 12630, Governmental Actions and Harbors, Navigation (water), implications for federalism. Interference with Constitutionally Reporting and recordkeeping Title I of the Ports and Waterways Protected Property Rights. requirements, Vessels, and Waterways. Safety Act (33 U.S.C. 1221 et. seq.) (PWSA) authorizes the Secretary to Civil Justice Reform 33 CFR Part 167 promulgate regulations to designate and This rule meets applicable standards Harbors, Marine safety, Navigation amend traffic separation schemes in sections 3(a) and 3(b)(2) of Executive (water), and Waterways. (TSS’s) to protect the marine Order 12988, Civil Justice Reform, to For the reasons discussed in the environment. In enacting PWSA in minimize litigation, eliminate preamble, the Coast Guard amends 33 1972, Congress found that advance ambiguity, and reduce burden. CFR parts 161 and 167 as follows: planning and consultation with the Protection of Children affected States and other stakeholders PART 161—VESSEL TRAFFIC was necessary in the development and We have analyzed this rule under MANAGEMENT implementation of a TSS. Throughout Executive Order 13045, Protection of the development of the TSS in Prince Children from Environmental Health 1. The authority citation for part 161 William Sound, we consulted with the Risks and Safety Risks. This rule is not continues to read as follows: Valdez Marine Operators Committee an economically significant rule and Authority: 33 U.S.C. 1221; 33 U.S.C. 1223; (VMOC), the affected State and Federal would not create an environmental risk 49 CFR 1.46. pilot’s associations, vessel operators, to health or risk to safety that might 2. In § 161.60, redesignate paragraphs users, and all affected stakeholders. The disproportionately affect children. (b) through (d) as paragraphs (c) through VMOC includes individuals who Indian Tribal Governments (e), respectively, and add a new represent the interests of local paragraph (b) to read as follows: commercial shipping and industry, as This rule does not have tribal well as members from the Regional implications under Executive Order § 161.60 Vessel Traffic Service Prince Citizens Advisory Council, and the State 13175, Consultation and Coordination William Sound. of Alaska. The VMOC was an active with Indian Tribal Governments, * * * * * participant in various meetings with the because it does not have a substantial (b) The Valdez Arm VTS Special Area Coast Guard and has contributed to this direct effect on one or more Indian consists of the waters of the Valdez Arm rulemaking. tribes, on the relationship between the Traffic Separation Scheme (described in Presently, there are no Alaska State Federal Government and Indian tribes, § 167.1703 of this chapter); the waters laws or regulations concerning the same or on the distribution of power and northeast of a line drawn from shoreline subjects as are contained in this responsibilities between the Federal to shoreline through the points proposed rule. We understand that the Government and Indian tribes. 60°58.04′N, 146°46.52′W and
VerDate Aug<2,>2002 13:27 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 E:\FR\FM\19AUR1.SGM pfrm15 PsN: 19AUR1 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Rules and Regulations 53743
60°58.93′N, 146°48.86′W; and southwest Latitude Longitude ENVIRONMENTAL PROTECTION of a line bearing 307° True from Tongue AGENCY Point at 61°02.10′N, 146°40.00′W. 60°20.77′N ...... 146°52.31′W ° ′ ° ′ * * * * * 60 48.12 N ...... 147 01.78 W 40 CFR Parts 19 and 27 60°48.29′N ...... 146°59.77′W 60°20.93′N ...... 146°50.32′W PART 167—OFFSHORE TRAFFIC [FRL–7261–5] SEPARATION SCHEMES (b) A traffic lane for northbound Civil Monetary Penalty Inflation 3. The authority citation for part 167 traffic between the separation zone and Adjustment Rule continues to read as follows: a line connecting the following geographical positions: AGENCY: Environmental Protection Authority: 33 U.S.C. 1223; 49 CFR 1.46. Agency (EPA). Latitude Longitude 4. Add §§ 167.1700 through 167.1703 ACTION: Withdrawal of direct final rule. to read as follows: ° ′ ° ′ 60 20.59 N ...... 146 48.18 W SUMMARY: Because EPA received 60°49.49′N ...... 146°58.19′W § 167.1700 In Prince William Sound: adverse comment, we are withdrawing General. the direct final rule amending the final (c) A traffic lane for southbound Civil Monetary Penalty Inflation The Prince William Sound Traffic traffic between the separation zone and Separation Scheme consists of four Adjustment Rule, which was mandated a line connecting the following by the Debt Collection Improvement Act parts: Prince William Sound Traffic geographical positions: Separation Scheme, Valdez Arm Traffic of 1996. That legislation required federal agencies to adjust civil monetary Separation Scheme, and two Latitude Longitude precautionary areas. These parts are penalties for inflation on a periodic described in §§ 167.1701 through 60°49.10′N ...... 147°04.19′W basis. EPA published the direct final 167.1703. The geographic coordinates in 60°20.60′N ...... 146°54.31′W rule on June 18, 2002 (67 FR 41343). We §§ 167.1701 through 167.1703 are stated in the direct final rule that if we defined using North American Datum § 167.1703 In Prince William Sound: received adverse comment by July 18, 1983 (NAD 83). Valdez Arm Traffic Separation Scheme. 2002, we would publish a timely notice of withdrawal in the Federal Register. § 167.1701 In Prince William Sound: The Valdez Arm Traffic Separation We subsequently received one adverse Precautionary areas. Scheme consists of the following: comment on the direct final rule. We (a) Cape Hinchinbrook. A (a) A separation zone bounded by a will address that comment in a precautionary area is established and is line connecting the following subsequent final action based on the bounded by a line connecting the geographical positions: parallel proposal also published on June following geographical positions: 18, 2002 (67 FR 41363). As stated in the Latitude Longitude parallel proposal, we will not institute Latitude Longitude a second comment period on this action. 60°51.08′N ...... 147°00.33′W ° ′ ° ′ DATES: As of August 19, 2002, EPA 60°20.59′N ...... 146°48.18′W 60 58.60 N ...... 146 48.10 W ° ′ ° ′ 60°58.30′N ...... 146°47.10′W withdraws the direct final rule 60 12.67 N ...... 146 40.43 W ° ′ ° ′ 60°11.01′N ...... 146°28.65′W 60 50.45 N ...... 146 58.75 W published at 67 FR 41343, on June 18, 60°05.47′N ...... 146°00.01′W 2002. 60°00.81′N ...... 146°03.53′W (b) A traffic lane for northbound FOR FURTHER INFORMATION CONTACT: 60°05.44′N ...... 146°27.58′W traffic between the separation zone and David Abdalla, Office of Regulatory 59°51.80′N ...... 146°37.51′W a line connecting the following ° ′ ° ′ Enforcement, Multimedia Enforcement 59 53.52 N ...... 146 46.84 W geographical positions: Division, Mail Code 2248A, 1200 60°07.76′N ...... 146°36.24′W 60°11.51′N ...... 146°46.64′W Pennsylvania Avenue, NW., Latitude Longitude 60°20.60′N ...... 146°54.31′W Washington, DC 20460, (202) 564–2413. 60°49.39′N ...... 146°58.19′W Dated: August 13, 2002. (b) Bligh Reef. A precautionary area is 60°58.04′N ...... 146°46.52′W John Peter Suarez, established of radius 1.5 miles centered Assistant Administrator, Office of at geographical position 60°49.63′N, (c) A traffic lane for southbound Enforcement and Compliance Assurance, 147°01.33′W. traffic between the separation zone and Environmental Protection Agency. (c) Pilot boarding area. A pilot a line connecting the following [FR Doc. 02–20986 Filed 8–16–02; 8:45 am] boarding area located near the center of geographical positions: BILLING CODE 6560–50–P the Bligh Reef precautionary area is established. Regulations for vessels Latitude Longitude ENVIRONMENTAL PROTECTION operating in these areas are in ° ′ ° ′ § 165.1109(d) of this chapter. 60 58.93 N ...... 146 48.86 W AGENCY (EPA) 60°50.61′N ...... 147°03.60′W § 167.1702 In Prince William Sound: Prince 40 CFR Part 281 William Sound Traffic Separation Scheme. Dated: July 26, 2002. The Prince William Sound Traffic Paul J. Pluta, [FRL–7261–9] Separation Scheme consists of the Rear Admiral, U.S. Coast Guard, Assistant Nebraska; Final Approval of State following: Commandant for Marine Safety, Security and Underground Storage Tank Program (a) A separation zone bounded by a Environmental Protection. line connecting the following [FR Doc. 02–21031 Filed 8–16–02; 8:45 am] AGENCY: Environmental Protection geographical positions: BILLING CODE 4910–15–P Agency.
VerDate Aug<2,>2002 13:27 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\19AUR1.SGM pfrm15 PsN: 19AUR1 53744 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Rules and Regulations
ACTION: Final rule; final determination B. State of Nebraska Further background on the tentative on application of State of Nebraska for The UST program in Nebraska is decision to grant approval is available final approval. implemented jointly by the Nebraska by contacting Linda Garwood, EPA Department of Environmental Quality Region 7, ARTD/USTB, 901 North 5th SUMMARY: The State of Nebraska has Street, Kansas City, Kansas 66101, (913) applied for final approval of its (NDEQ) and the Nebraska State Fire Marshal (NSFM). Section 81–15, 118 of 551–7268. underground storage tank (UST) Along with the tentative the Nebraska Revised Statutes (N.R.S.) program under Subtitle I of the Resource determination, EPA announced the designates NDEQ as the lead agency for Conservation and Recovery Act (RCRA). opportunity for public comment. Also, the UST program, but specifies that The Environmental Protection Agency EPA provided notice that a public NSFM will conduct preventative (EPA) has reviewed Nebraska’s hearing would be provided but only if activities under an interagency application and has reached a final significant public interest on agreement with NDEQ. determination that Nebraska’s substantive issues was shown. EPA did The State of Nebraska initially underground storage tank program not receive any significant comments submitted a state program approval satisfies all of the requirements and no public hearing was held. necessary to qualify for final approval. application to EPA by letter dated Thus, EPA is granting final approval to December 15, 2000. Additional C. Decision the State of Nebraska to operate its information was provided by Nebraska I conclude that the State of Nebraska’s program. on March 21, 2001. EPA evaluated that application for final approval meets all information as well as other issues and the statutory and regulatory EFFECTIVE DATE: Final approval for determined the application package met requirements established by Subtitle I of Nebraska shall be effective September all requirements for a complete program RCRA. Accordingly, Nebraska is granted 18, 2002. application. On December 5, 2001, EPA final approval to operate its UST FOR FURTHER INFORMATION CONTACT: notified Nebraska that the application program. The State of Nebraska now has Linda Garwood, EPA Region 7, ARTD/ package was complete. the responsibility for managing all USTB, 901 North 5th Street, Kansas The Nebraska program provides for regulated UST facilities within its City, Kansas 66101, (913) 551–7268. regulation of both petroleum and borders and carrying out all aspects of SUPPLEMENTARY INFORMATION: hazardous substance tanks. Nebraska the UST program, except with regard to also regulates UST systems used to store A. Background Indian lands, where EPA will retain and fuel solely for use by emergency power otherwise exercise regulatory authority. Subtitle I of the Resource generators, regulates certain USTs used Nebraska also has primary enforcement Conservation and Recovery Act (RCRA), to store heating oil, regulates any tank responsibility, for the UST’s it regulates, as amended, requires that the EPA used for consumptive on-site purposes although EPA retains the right to develop standards for Underground and not for resale, requires registration conduct inspections under Section 9005 Storage Tanks (UST) systems as may be of permanently abandoned systems, of RCRA, 42 U.S.C. 6991d, and to take necessary to protect human health and regulates above ground storage tanks for enforcement actions under Section 9006 the environment, and procedures for those tanks to be eligible for of RCRA, 42 U.S.C. 6991e. approving State programs in lieu of the reimbursement from the state cleanup Federal program. EPA promulgated fund, imposes licensing and Administrative Requirements State program approval procedures at 40 certification requirements on tank The Office of Management and Budget CFR part 281. Program approval may be installation and removal contractors, (OMB) has exempted this action from granted by EPA pursuant to RCRA licenses and imposes a remedial action the requirements of Executive Order section 9004(b), if the Agency finds that fee on certain refiners and suppliers, 12866 (58 FR 51735, October 4, 1993), the State program: is ‘‘no less stringent’’ and requires any person who deposits and therefore this action is not subject than the Federal program for the seven regulated substances in a tank to make to review by OMB. This action elements set forth at RCRA section certain notifications to owners and authorizes State requirements for the 9004(a)(1) through (7); includes the operators of UST systems, and subjects purpose of RCRA 9004 and imposes no notification requirements of RCRA UST systems previously closed between additional requirements beyond those section 9004(a)(8); and provides for December 22, 1988 and January 1, 1989 imposed by State law. Accordingly, I adequate enforcement of compliance to being directed to close in accordance certify that this action will not have a with UST standards of RCRA section with the state closure requirements. significant economic impact on a 9004(a). Note that RCRA sections 9005 However, these parts of the Nebraska substantial number of small entities (information-gathering) and 9006 program are broader in scope than the under the Regulatory Flexibility Act (5 (Federal enforcement) by their terms Federal program and are not included in U.S.C. 601 et seq.). Because this action apply even in states with programs this final approval. Additionally, the authorizes pre-existing requirements approved by EPA under RCRA section Nebraska program is not as broad as the under State law and does not impose 9004. Thus, the Agency retains its federal program because Nebraska does any additional enforceable duty beyond authority under RCRA sections 9005 not regulate tank systems installed that required by State law, it does not and 9006, 42 U.S.C. 6991d and 6991e, between December 22, 1988 and January contain any unfunded mandate or and other applicable statutory and 1, 1989 as new tank systems. However, significantly or uniquely affect small regulatory provisions to undertake for tank systems installed within this 9- governments, as described in the inspections and enforcement actions in day window, through the Nebraska and Unfunded Mandates Reform Act of 1995 approved states. With respect to such an EPA Memorandum of Agreement (Pub. L. 104–4). For the same reason, enforcement action, the Agency will included in the State Program Approval this action does not have tribal rely on Federal sanctions, Federal application, EPA has agreed to assume implications within the meaning of inspection authorities, and Federal all related enforcement responsibilities. Executive Order 13175 (65 FR 67249, procedures rather than the state On March 7, 2002, EPA published a November 6, 2000). It does not have authorized analogues to these tentative decision announcing its intent substantial direct effects on tribal provisions. to grant Nebraska final approval. governments, on the relationship
VerDate Aug<2,>2002 13:27 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\19AUR1.SGM pfrm15 PsN: 19AUR1 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Rules and Regulations 53745
between the Federal government and that before a rule may take effect, the the changes. The modified BFEs may be the Indian tribes, or on the distribution agency promulgating the rule must changed during the 90-day period. of power and responsibilities between submit a rule report, which includes a ADDRESSES: The modified BFEs for each the Federal government and Indian copy of the rule, to each House of the community are available for inspection tribes, as specified in Executive Order Congress and to the Comptroller General at the office of the Chief Executive 13175. This action will not have of the United States. EPA will submit a Officer of each community. The substantial direct effects on the States, report containing this document and respective addresses are listed in the on the relationship between the national other required information to the U.S. table below. government and the States, or on the Senate, the U.S. House of FOR FURTHER INFORMATION CONTACT: distribution of power and Representatives, and the Comptroller Matthew B. Miller, P.E., Chief, Hazards responsibilities among the various General of the United States prior to Study Branch, Federal Insurance and levels of government, as specified in publication in the Federal Register. A Mitigation Administration, 500 C Street, Executive Order 13132 (64 FR 43255, major rule cannot take effect until 60 SW., Washington, DC 20472, (202) 646– August 10, 1999), because it merely days after it is published in the Federal 3461 or (e-mail) [email protected]. authorizes State requirements as part of Register. This action is not a ‘‘major SUPPLEMENTARY INFORMATION: The the State underground storage tank rule’’ as defined by 5 U.S.C. 804(2). modified BFEs are not listed for each program without altering the List of Subjects in 40 CFR Part 281 community in this interim rule. relationship or the distribution of power However, the address of the Chief and responsibilities established by Environmental protection, Executive Officer of the community RCRA. This action also is not subject to Administrative practice and procedure, where the modified BFE determinations Executive Order 13045 (62 FR 19885, Hazardous materials, State program are available for inspection is provided. April 23, 1997), because it is not approval, Underground storage tanks. Any request for reconsideration must economically significant and it does not Authority: This notice is issued under the be based on knowledge of changed make decisions based on environmental authority of Section 9004 of the Solid Waste conditions or new scientific or technical health or safety risks. This rule is not Disposal Act as amended 42 U.S.C. 6912(a), data. subject to Executive Order 13211, 6926, 6974(b). The modifications are made pursuant ‘‘Actions Concerning Regulations That Dated: July 25, 2002. to section 201 of the Flood Disaster Significantly Affect Energy Supply, James B. Gulliford, Protection Act of 1973, 42 U.S.C. 4105, Distribution, or Use’’ (66 FR 28355 (May and are in accordance with the National Regional Administrator, Region 7. 22, 2001)) because it is not a significant Flood Insurance Act of 1968, 42 U.S.C. regulatory action under Executive Order [FR Doc. 02–20987 Filed 8–16–02; 8:45 am] 4001 et seq., and with 44 CFR part 65. 12866. BILLING CODE 6560–50–P For rating purposes, the currently Under RCRA 9004, EPA grants effective community number is shown approval of a State’s program as long as and must be used for all new policies the State meets the criteria required by FEDERAL EMERGENCY and renewals. RCRA. It would thus be inconsistent MANAGEMENT AGENCY The modified BFEs are the basis for with applicable law for EPA, when it the floodplain management measures reviews a State program application, to 44 CFR Part 65 that the community is required to either require the use of any particular adopt or to show evidence of being voluntary consensus standard in place [Docket No. FEMA–P–7614] already in effect in order to qualify or of another standard that otherwise to remain qualified for participation in satisfies the requirements of RCRA. Changes in Flood Elevation the National Flood Insurance Program Thus, the requirements of section 12(d) Determinations (NFIP). of the National Technology Transfer and AGENCY: These modified BFEs, together with Advancement Act of 1995 (15 U.S.C. Federal Emergency Management Agency, (FEMA). the floodplain management criteria 272 note) do not apply. As required by required by 44 CFR 60.3, are the ACTION: section 3 of Executive Order 12988 (61 Interim rule. minimum that are required. They FR 4729, February 7, 1996), in issuing SUMMARY: This interim rule lists should not be construed to mean that this rule, EPA has taken the necessary communities where modification of the the community must change any steps to eliminate drafting errors and existing ordinances that are more ambiguity, minimize potential litigation, Base (1-percent-annual-chance) Flood Elevations (BFEs) is appropriate because stringent in their floodplain and provide a clear legal standard for management requirements. The affected conduct. EPA has complied of new scientific or technical data. New flood insurance premium rates will be community may at any time enact with Executive Order 12630 (53 FR stricter requirements of its own, or 8859, March 15, 1988) by examining the calculated from the modified BFEs for new buildings and their contents. pursuant to policies established by other takings implications of the rule in Federal, State, or regional entities. accordance with the ‘‘Attorney DATES: These modified BFEs are The changes in BFEs are in General’s Supplemental Guidelines for currently in effect on the dates listed in accordance with 44 CFR 65.4. the Evaluation of Risk and Avoidance of the table below and revise the Flood Unanticipated Takings’’ issued under Insurance Rate Map(s) in effect prior to National Environmental Policy Act the executive order. This rule does not this determination for the listed This rule is categorically excluded impose an information collection communities. from the requirements of 44 CFR part burden under the provisions of the From the date of the second 10, Environmental Consideration. No Paperwork Reduction Act of 1995 (44 publication of these changes in a environmental impact assessment has U.S.C. 3501 et seq.). newspaper of local circulation, any been prepared. The Congressional Review Act, 5 person has ninety (90) days in which to U.S.C. 801 et seq., as added by the Small request through the community that the Regulatory Flexibility Act Business Regulatory Enforcement Administrator for Federal Insurance and The Administrator for Federal Fairness Act of 1996, generally provides Mitigation Administration reconsider Insurance and Mitigation
VerDate Aug<2,>2002 13:27 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\19AUR1.SGM pfrm15 PsN: 19AUR1 53746 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Rules and Regulations
Administration certifies that this rule is Executive Order 12612, Federalism Accordingly, 44 CFR part 65 is exempt from the requirements of the This rule involves no policies that amended to read as follows: Regulatory Flexibility Act because have federalism implications under PART 65—[AMENDED] modified BFEs are required by the Flood Executive Order 12612, Federalism, Disaster Protection Act of 1973, 42 dated October 26, 1987. U.S.C. 4105, and are required to 1. The authority citation for Part 65 maintain community eligibility in the Executive Order 12778, Civil Justice continues to read as follows: NFIP. No regulatory flexibility analysis Reform Authority: 42 U.S.C. 4001 et seq.; has been prepared. This rule meets the applicable Reorganization Plan No. 3 of 1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, Regulatory Classification standards of Section 2(b)(2) of Executive Order 12778. 3 CFR, 1979 Comp., p. 376. This interim rule is not a significant § 65.4 [Amended] regulatory action under the criteria of List of Subjects in 44 CFR Part 65 Section 3(f) of Executive Order 12866 of Flood insurance, Floodplains, 2. The tables published under the September 30, 1993, Regulatory Reporting and record keeping authority of § 65.4 are amended as Planning and Review, 58 FR 51735. requirements. follows:
Dates and name of news- State and county Location paper where notice was Chief executive officer of Effective date of Community published community modification No.
Arkansas: Pulaski City of Little July 10, 2002; July 17, The Honorable Jim Dailey, Mayor, October 16, 2002 ...... 050181 (01–06–1835P). Rock. 2002; Little Rock Free City of Little Rock, 500 West Press. Markham Street, Room 203, Lit- tle Rock, Arkansas 72201. Illinois: McHenry Village of Lake July 2, 2002; July 9, Mr. Ed Plaza, Village President, October 8, 2002 ...... 170481 (01–05– In The Hills. 2002; The Northwest 1115 Crystal Lake Road, Lake 3762P). Herald. In The Hills, Illinois 60156. McHenry Unincorporated July 2, 2002; July 9, 2002 Mr. Mike Tryon, Chairperson, October 8, 2002 ...... 170732 (01–05– Areas. The Northwest Herald. McHenry County Board, 3762P). McHenry County Government Center, 2200 North Seminary Avenue, Woodstock, Illinois 60098. Cook (02– Village of Palos July 9, 2002; July 16, The Honorable Jean A. Moran, October 15, 2002 ...... 170144 05–2333P). Park. 2002; Daily Southtown. Mayor, Village of Palos Park, 8999 West 123rd Street, Palos Park, Illinois 60464. Kansas: Sedg- City of Wichita ... May 24, 2001; May 31, The Honorable Bob Knight, August 31, 2001 ...... 200328 wick (00–07– 2001; Wichita Eagle. Mayor, City of Wichita, 455 493P). North Main Street, 5th Floor, Wichita, Kansas 67202. Ohio: Lorain (02– City of Avon ...... July 9, 2002; July 16, The Honorable James A. Smith, June 21, 2002 ...... 390348 05–0982P). 2002; The Morning Mayor, City of Avon, 36080 Journal. Chester Road, Avon, Ohio 44011. Franklin (01– City of Columbus July 8, 2002; July 15, The Honorable Michael B. Cole- October 14, 2002 ...... 390170 05–1827P). 2002; Columbus Dis- man, Mayor, City of Columbus, patch. 90 West Broad Street, Colum- bus, Ohio 43215. Franklin (01– Unincorporated July 8, 2002; July 15, The Honorable Arlene Shoe- October 14, 2002 ...... 390167 05–1827P). Areas. 2002; Columbus Dis- maker, President, Franklin patch. County Board of Commis- sioners, 373 South High Street, 26th Floor, Columbus, Ohio 43215. Franklin (01– Village of July 8, 2002; July 15, Mr. Anthony Bales, Village Admin- October 14, 2002 ...... 390174 05–1827P). Groveport. 2002; Southwest Mes- istrator, Village of Groveport, senger. Groveport Municipal Building, 655 Blacklick Street, Groveport, Ohio 43125. Butler and Village of Mon- July 3, 2002; July 10, The Honorable Michael P. Morris, October 9, 2002 ...... 390042 Warren roe. 2002; Middletown Jour- Major, Village of Monroe, 233 (01–05– nal. South Main Street, Monroe, 1645P). Ohio 45050. Montgomery Unincorporated July 9, 2002; July 16, Mr. Charles J. Curran, Commis- October 15, 2002 ...... 390775 (02–05– Areas. 2002; Dayton Daily sioner, Montgomery County, 0845P). News. 451 West Third Street, Dayton, Ohio 45422.
VerDate Aug<2,>2002 13:27 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\FR\FM\19AUR1.SGM pfrm15 PsN: 19AUR1 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Rules and Regulations 53747
Dates and name of news- State and county Location paper where notice was Chief executive officer of Effective date of Community published community modification No.
Warren (01– Unincorporated July 3, 2002; July 10, Mr. C. Michael Kilburn, President, October 9, 2002 ...... 390757 05–1645P). Areas. 2002; The Western Warren County Board of Com- Star. missioners, 406 Justice Drive, Lebanon, Ohio 45036. Oklahoma: Oklahoma City of Edmond July 16, 2002; July 23, The Honorable Saundra Naifeh, July 2, 2002 ...... 400252 (02–06– 2002; The Edmond Mayor, City of Edmond, P.O. 281P). Sun. Box 2970, Edmond, OK 73083. McClain, City of Oklahoma July 24, 2002; July 31, The Honorable Kirk Humphreys, October 30, 2002 ...... 405378 Oklahoma, City. 2002; The Daily Okla- Mayor, City of Oklahoma City, Canadian, homan. 200 North Walker, Suite 302, Cleveland, Oklahoma City, Oklahoma and 73102. Pottawato- mie (01– 06–1912P). Texas: Denton (02– Town of Corinth July 16, 2002; July 23, The Honorable J.B. Troutman, October 22, 2002 ...... 481143 06–525P). 2002; Denton Record Mayor, Town of Corinth, 2002 Chronicle. South Corinth Street, Corinth, Texas 76210. Tarrant (02– City of Fort July 19, 2002; July 26, The Honorable Kenneth Barr, October 25, 2002 ...... 480596 06–453P). Worth. 2002; Fort Worth Star- Mayor, City of Fort Worth, City Telegram. Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102–6311. Dallas (02– City of Garland .. July 18, 2002; July 25, The Honorable Jim Spence, June 28, 2002 ...... 458471 06–1535P). 2002; Garland Morning Mayor, City of Garland, P.O. News. Box 469002, Garland, Texas 75046. Harrison and City of Longview July 11, 2002; July 18, The Honorable Earl Roberts, October 17, 2002 ...... 480264 Gregg (02– 2002; Longview News Mayor, City of Longview, P.O. 06–1946P). Journal. Box 1952, Longview, Texas 75606–1952. Bexar (02– City of San Anto- July 11, 2002; July 18, The Honorable Ed Garza, Mayor, October 17, 2002 ...... 480045 06–1320P). nio. 2002; San Antonino City of San Antonio, P.O. Box Express-News. 839966, San Antonio, Texas 78282–3966. Bexar (02– City of San Anto- July 19, 2002; July 26, The Honorable Ed Garza, Mayor, October 25, 2002 ...... 480045 06–252P). nio. 2002; San Antonio Ex- City of San Antonio, P.O. Box press-News. 839966, San Antonio, Texas 78283–3966. Tarrant (02– Unincorporated July 19, 2002; July 26, The Honorable Tom Vandergriff, October 25, 2002 ...... 480582 06–453P). Areas. 2002; Fort Worth Star Judge, Tarrant County, 100 Telegram. East Weatherford Street, Fort Worth, Texas 76196–0101. Bexar (01– City of Universal July 11, 2002; July 18, The Honorable Wesley D. Becken, October 17, 2002 ...... 480049 06–1218P). City. 2002; Primetime News- Mayor, City of Universal City, papers. P.O. Box 3008, Universal City, Texas 78148.
(Catalog of Federal Domestic Assistance No. FEDERAL EMERGENCY flood insurance premium rates will be 83.100, ‘‘Flood Insurance.’’) MANAGEMENT AGENCY calculated from the modified Base Flood Dated: August 9, 2002. Elevations for new buildings and their 44 CFR Part 65 contents. Anthony S. Lowe, DATES: These modified Base Flood Administrator, Federal Insurance and [Docket No. FEMA–B–7429] Mitigation Administration. Elevations are currently in effect on the dates listed in the table below and [FR Doc. 02–20963 Filed 8–16–02; 8:45 am] Changes in Flood Elevation Determinations revise the Flood Insurance Rate Maps in BILLING CODE 6718–04–P effect prior to this determination for AGENCY: Federal Emergency each listed community. Management Agency (FEMA). From the date of the second ACTION: Interim rule. publication of these changes in a newspaper of local circulation, any SUMMARY: This interim rule lists person has ninety (90) days in which to communities where modification of the request through the community that the Base (1-percent-annual-chance) Flood Director, Federal Insurance and Elevations is appropriate because of Mitigation Administration, reconsider new scientific or technical data. New the changes. The modified elevations
VerDate Aug<2,>2002 13:27 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 E:\FR\FM\19AUR1.SGM pfrm15 PsN: 19AUR1 53748 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Rules and Regulations
may be changed during the 90-day management measures that the NFIP. No regulatory flexibility analysis period. community is required to either adopt has been prepared. ADDRESSES: The modified Base Flood or to show evidence of being already in Regulatory Classification. This Elevations for each community are effect in order to qualify or to remain interim rule is not a significant available for inspection at the office of qualified for participation in the regulatory action under the criteria of the Chief Executive Officer of each National Flood Insurance Program Section 3(f) of Executive Order 12866 of community. The respective addresses (NFIP). September 30, 1993, Regulatory are listed in the table below. These modified elevations, together Planning and Review, 58 FR 51735. FOR FURTHER INFORMATION CONTACT: with the floodplain management criteria Executive Order 12612, Federalism. Matthew B. Miller, P.E., Chief, Hazards required by 44 CFR 60.3, are the This rule involves no policies that have Study Branch, Federal Insurance and minimum that are required. They federalism implications under Executive Mitigation Administration, 500 C Street should not be construed to mean that Order 12612, Federalism, dated October SW., Washington, DC 20472, (202) 646– the community must change any 26, 1987. 3461, or (e-mail) [email protected]. existing ordinances that are more Executive Order 12778, Civil Justice stringent in their floodplain SUPPLEMENTARY INFORMATION: The Reform. This rule meets the applicable management requirements. The modified Base Flood Elevations are not standards of Section 2(b)(2) of Executive community may at any time enact listed for each community in this Order 12778. stricter requirements of its own, or interim rule. However, the address of pursuant to policies established by other List of Subjects in 44 CFR Part 65 the Chief Executive Officer of the Federal, State, or regional entities. community where the modified Base Flood insurance, Floodplains, Flood Elevation determinations are The changes in Base Flood Elevations Reporting and recordkeeping available for inspection is provided. are in accordance with 44 CFR 65.4. requirements. National Environmental Policy Act. Any request for reconsideration must Accordingly, 44 CFR Part 65 is This rule is categorically excluded from be based on knowledge of changed amended to read as follows: conditions or new scientific or technical the requirements of 44 CFR Part 10, data. Environmental Consideration. No PART 65—[AMENDED] The modifications are made pursuant environmental impact assessment has to Section 201 of the Flood Disaster been prepared. 1. The authority citation for Part 65 Protection Act of 1973, 42 U.S.C. 4105, Regulatory Flexibility Act. The continues to read as follows: and are in accordance with the National Administrator, Federal Insurance and Authority: 42 U.S.C. 4001 et seq.; Flood Insurance Act of 1968, 42 U.S.C. Mitigation Administration certifies that Reorganization Plan No. 3 of 1978, 3 CFR, 4001 et seq., and with 44 CFR part 65. this rule is exempt from the 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, For rating purposes, the currently requirements of the Regulatory 3 CFR, 1979 Comp., p. 376. Flexibility Act because modified Base effective community number is shown § 65.4 [Amended] and must be used for all new policies Flood Elevations are required by the and renewals. Flood Disaster Protection Act of 1973, 2. The tables published under the The modified Base Flood Elevations 42 U.S.C. 4105, and are required to authority of § 65.4 are amended as are the basis for the floodplain maintain community eligibility in the follows:
Date and name of news- State and county Location and paper where notice was Chief executive officer of Effective date of Community case No. published community modification No.
Arizona: Cochise ...... Cochise County April 25, 2001; May 2, The Honorable Mike Palmer, July 31, 2001 ...... 040012 (01–09–019P). 2001; Arizona Range Chairman, Cochise County, News. Board of Supervisors, 1415 West Melody Lane, Bisbee, Ari- zona 85603. Cochise ...... City of Sierra April 25, 2001; May 2, The Honorable Tom Hessler, July 31, 2001 ...... 040017 Vista (01–09– 2001; Arizona Range Mayor, City of Sierra Vista, 019P). News. 1011 North Coronda Drive, Si- erra Vista, Arizona 85635. Cochise ...... City of Sierra April 18, 2002; April 25, The Honorable Thomas J. August 1, 2002 ...... 040017 Vista (01–09– 2002; Sierra Vista Her- Hessler, Mayor, City of Sierra 492P). ald. Vista, 1011 North Coronado Drive, Sierra Vista, Arizona 85635. Maricopa ...... City of Mesa June 13, 2002; June 20, The Honorable Keno Hawker, September 19, 2002 .. 040048 (02–09–260P). 2002; Arizona Business Mayor, City of Mesa, P.O. Box Gazette. 1466, Mesa, Arizona 85221– 1466. Maricopa ...... City of Scotts- July 18, 2002; July 25, The Honorable Mary Manross, October 24, 2002 ...... 045012 dale (02–09– 2002; Arizona Republic. Mayor, City of Scottsdale, 3939 1084X). North Drinkwater Boulevard, Scottsdale, Arizona 85251. Pima ...... Unincorporated April 18, 2002; April 25, The Honorable Raul Grijalva, July 25, 2002 ...... 040073 Areas (01–09– 2002; Tucson Citizen. Chairman, Pima County, Board 685P), (02– of Supervisors, 130 West Con- 09–746X). gress, 11th Floor, Tucson, Ari- zona 85701.
VerDate Aug<2,>2002 13:27 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 E:\FR\FM\19AUR1.SGM pfrm15 PsN: 19AUR1 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Rules and Regulations 53749
Date and name of news- State and county Location and paper where notice was Chief executive officer of Effective date of Community case No. published community modification No.
Pinal ...... Town of Kearney June 5, 2002; June 12, The Honorable Debra Sommers, September 11, 2002 .. 040085 (01–09–283P). 2002; Copper Basin Mayor, Town of Kearny, P.O. News. Box 639, Kearny, Arizona 85237. Pinal ...... Unincorporated June 5, 2002; June 12, The Honorable Jimmie B. Kerr, September 11, 2002 .. 040077 Areas (01–09– 2002; Copper Basin Chairman, Pinal County, Board 283P). News. of Supervisors, P.O. Box 827, Florence, Arizona 85232–0827. California: Kern ...... Unincorporated May 22, 2002; May 29, The Honorable Steve Perez, August 28, 2002 ...... 060075 Areas (01–09– 2002; News Review. Chairman, Kern County, Board 764P). of Supervisors, 1115 Truxton Avenue, Fifth Floor, Bakersfield, California 93301. Los Angeles Unincorporated July 18, 2002; July 25, The Honorable Zev Yaroslavsky, October 24, 2002 ...... 065043 Areas (01–09– 2002; Los Angeles Chairperson, Los Angeles 559P). Times. County, Board of Supervisors, 821 Kenneth Haln Hall of Ad- ministration, 500 West Temple Street, Los Angeles, California 90012. Orange ...... City of Orange June 6, 2002; June 13, The Honorable Mark Murphy, September 12, 2002 .. 060228 (01–09–975P). 2002; Orange County Mayor, City of Orange, 300 East Register. Chapman Avenue, Orange, California 92866. Placer ...... Town of Loomis June 20, 2002; June 27, The Honorable Rhonda Morillas, September 26, 2002 .. 060721 (02–09–862P). 2002; Loomis News. Mayor, Town of Loomis, Town Hall, 6140 Horseshoe Bar Road, Suite K, Loomis, Cali- fornia 95650. Riverside ..... City of Murrieta April 4, 2002; April 11, The Honorable Dick Ostling, March 18, 2002 ...... 060751 (01–09–849P). 2002; Press-Enterprise. Mayor, City of Murrieta, 26442 Beckman Court, Murrieta, Cali- fornia 92562. Riverside ..... City of Perris April 25, 2002; May 2, The Honorable Daryl Busch, April 1, 2002 ...... 060258 (01–09–524P). 2002; Press-Enterprise. Mayor, City of Perris, 101 North D Street, Perris, California 92570. Riverside ..... Unincorporated April 4, 2002; April 11, The Honorable Jim Venable, March 18, 2002 ...... 060245 Areas (01–09– 2002; Press-Enterprise. Chairman, Riverside County, 849P). Board of Supervisors, 4080 Lemon Street, 14th Floor, River- side, California 92501. San Diego ... City of Carlsbad May 23, 2002; May 30, The Honorable Claude A. Lewis, August 29, 2002 ...... 060285 (02–09–594P). 2002; North County Mayor, City of Carlsbad, 1200 Times. Carlsbad Village Drive, Carls- bad, California 92008. Santa Clara City of San Jose April 25, 2002; May 2, The Honorable Ron Gonzales, August 1, 2002 ...... 060349 (01–09–488P), 2002; San Jose Mer- Mayor, City of San Jose, 801 (02–09–798X). cury News. North First Street, Room 600, San Jose, California 95110. Santa Clara Unincorporated April 25, 2002; May 2, The Honorable Donald P. Gage, August 1, 2002 ...... 060337 Areas (01–09– 2002; San Jose Mer- Chairman, Santa Clara County, 488P), (02– cury News. Board of Supervisors, East 09–798X). Wing, 10th Floor, 70 West Hedding Street, San Jose, Cali- fornia 95110. Colorado: Arapahoe ..... City of Cherry May 2, 2002; May 9, The Honorable John Welborn, April 12, 2002 ...... 080013 Hills Village 2002; Denver Post. Mayor, City of Cherry Hills Vil- (02–08–052P). lage, 2450 East Quincy Avenue, Cherry Hills Village, Colorado 80110. Boulder ...... City of Lafayette May 20, 2002; May 24, The Honorable Dale Avery, August 23, 2002 ...... 080026 (02–08–331P). 2002; Daily Camera. Mayor, City of Lafayette, 1290 South Public Road, Lafayette, Colorado 80026. Boulder ...... City of Longmont April 4, 2002; April 11, The Honorable Julia Pirnack, March 25, 2002 ...... 080027 (02–08–082P). 2002; Daily Times Call. Mayor, City of Longmont, 350 Kimbark Street, Longmont, Col- orado 80501.
VerDate Aug<2,>2002 13:27 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 E:\FR\FM\19AUR1.SGM pfrm15 PsN: 19AUR1 53750 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Rules and Regulations
Date and name of news- State and county Location and paper where notice was Chief executive officer of Effective date of Community case No. published community modification No.
Boulder ...... Unincorporated April 4, 2002; April 11, The Honorable Jana L. Mendez, March 25, 2002 ...... 080023 Areas (02–08– 2002; Daily Camera. Chairperson, Boulder County, 082P). Board of Commissioners, P.O. Box 471, Boulder, Colorado 80306–0471. Hawaii: Hawaii .... Hawaii County May 23, 2002; May 30, The Honorable Harry Kim, Mayor, May 3, 2002 ...... 155166 (02–09–633P). 2002; Hawaii Tribune Hawaii County, 25 Aupuni Herald. Street, Hilo, Hawaii 96720. Idaho: Bonner ...... City of Clark May 30, 2002; June 6, The Honorable Tom Shields, September 5, 2002 ... 160132 Fork (01–10– 2002; Bonner County Mayor, City of Clark Fork, P.O. 475P). Daily Bee. Box 10, Clark Ford, Idaho 83811. Bonner ...... Unincorporated May 30, 2002; June 6, The Honorable Tom Suttmeier, September 5, 2002 ... 160206 Areas (01–10– 2002; Bonner County Chairman, Bonner County, 457P). Daily Bee. Board of Commissioners, 215 South First Avenue, Sandpoint, Idaho 83864. North Dakota: City of Dickinson May 9, 2002; May 16, The Honorable Dennis W. John- August 15, 2002 ...... 380117 Stark. (02–08–057P). 2002; Dickinson Press. son, Mayor, City of Dickinson, 99 Second Street East, Dickin- son, North Dakota 58601. Utah: Salt Lake ... City of Draper June 26, 2002; July 3, The Honorable Darrell H. Smith, October 2, 2002 ...... 490244 (02–08–198P). 2002; Salt Lake Trib- Mayor, City of Draper, 12441 une. South 900 East, Draper, Utah 84020. Wyoming: Teton Unincorporated July 17, 2002; July 24, The Honorable Bill Paddleford, July 8, 2002 ...... 560094 Areas (02–08– 2002; Jackson Hole Chairperson, Teton County, 268P). News. Board of Commissioners, Coun- ty Courthouse, P.O. Box 3594, Jackson, Wyoming 83001.
(Catalog of Federal Domestic Assistance No. showing BFEs and modified BFEs for Protection Act of 1973, 42 U.S.C. 4104, 83.100, ‘‘Flood Insurance.’’) each community. This date may be and 44 CFR part 67. Dated: August 9, 2002. obtained by contacting the office where FEMA has developed criteria for Anthony S. Lowe, the FIRM is available for inspection as floodplain management in floodprone Administrator, Federal Insurance and indicated in the table below. areas in accordance with 44 CFR part Mitigation Administration. 60. ADDRESSES: The final base flood Interested lessees and owners of real [FR Doc. 02–20962 Filed 8–16–02; 8:45 am] elevations for each community are property are encouraged to review the BILLING CODE 6718–04–P available for inspection at the office of proof Flood Insurance Study and FIRM the Chief Executive Officer of each available at the address cited below for community. The respective addresses FEDERAL EMERGENCY each community. are listed in the table below. The BFEs and modified BFEs are MANAGEMENT AGENCY FOR FURTHER INFORMATION CONTACT: made final in the communities listed 44 CFR Part 67 Matthew B. Miller, P.E., Chief, Hazards below. Elevations at selected locations Study Branch, Federal Insurance and in each community are shown. Final Flood Elevation Determinations Mitigation Administration, 500 C Street, National Environmental Policy Act. SW., Washington, DC 20472, (202) 646– This rule is categorically excluded from AGENCY: Federal Emergency 3461 or (e-mail) [email protected]. the requirements of 44 CFR Part 10, Management Agency (FEMA). Environmental Consideration. No ACTION: Final rule. SUPPLEMENTARY INFORMATION: FEMA environmental impact assessment has makes final determinations listed below been prepared. SUMMARY: Base (1-percent-annual- of BFEs and modified BFEs for each Regulatory Flexibility Act. The chance) Flood Elevations and modified community listed. The proposed BFEs Administrator of the Federal Insurance Base Flood Elevations (BFEs) are made and proposed modified BFEse were and Mitigation Administration certifies final for the communities listed below. published in newspapers of local that this rule is exempt from the The BFEs and modified BFEs are the circulation and an opportunity for the requirements of the Regulatory basis for the floodplain management community or individuals to appeal the Flexibility Act because final or modified measures that each community is proposed determinations to or through base flood elevations are required by the required either to adopt or to show the community was provided for a Flood Disaster Protection Act of 1973, evidence of being already in effect in period of ninety (90) days. The 42 U.S.C. 4104, and are required to order to qualify or remain qualified for proposed BFEs and proposed modified establish and maintain community participation in the National Flood BFEs were also published in the Federal eligibility in the NFIP. No regulatory Insurance Program (NFIP). Register. flexibility analysis has been prepared. EFFECTIVE DATE: The date of issuance of This final rule is issued in accordance Regulatory Classification. This final the Flood Insurance Rate Map (FIRM) with section 110 of the Flood Disaster rule is not a significant regulatory action
VerDate Aug<2,>2002 13:27 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 E:\FR\FM\19AUR1.SGM pfrm15 PsN: 19AUR1 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Rules and Regulations 53751
under the criteria of Section 3(f) of List of Subjects in 44 CFR Part 67 Authority: 42 U.S.C. 4001 et seq.; Executive Order 12866 of September 30, Reorganization Plan No. 3 of 1978, 3 CFR, 1993, Regulatory Planning and Review, Administrative practice and 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 58 FR 51735. procedure, Flood insurance, Reporting 3 CFR, 1979 Comp., p. 376. Executive Order 12612, Federalism. and recordkeeping requirements. This rule involves no policies that have § 67.11 [Amended] federalism implications under Executive Accordingly, 44 CFR Part 67 is amended to read as follows: 2. The tables published under the Order 12612, Federalism, dated October authority of § 67.11 are amended as 26, 1987. follows: Executive Order 12778, Civil Justice PART 67—[AMENDED] Reform. This rule meets the applicable standards of Section 2(b)(2) of Executive 1. The authority citation for Part 67 Order 12778. continues to read as follows:
*Elevation in Source of flooding and location of referenced elevation feet (NGVD) Communities affected modified
Greenbrier Creek: Approximately 200 feet downstream of the confluence of Little *288 FEMA Docket No. 7607, Town of Wooster, Faulk- Greenbrier Creek. ner County. Approximately 7,100 feet upstream of the Town of Wooster corporate *295 limits. Greenbrier Creek Tributary No. 2: At the mouth of Greenbrier Creek, Tributary No. 2 ...... *288 Town of Wooster, Faulkner County. Approximately 1,350 feet upstream, of Green Valley Road ...... *319 Greenbrier Creek Tributary No. 3: At the mouth of Greenbrier Creek Tributary No. 3 ...... *288 FEMA Docket No. 7607, Town of Wooster. Approximately 50 feet upstream of a private drive about 1,600 feet up- *325 stream of Reed Road. Skyline Creek: At the mouth of Skyline Creek ...... *292 Town of Wooster, Faulkner County. Approximately 725 feet upstream of Green Valley Road ...... *312 Maps are available for inspection at the City Hall, Town of Wooster, 7 Reed Road, Wooster, Arkansas. Maps are available for inspection at the Faulkner County Community Map Repository, 801 Locust Street, Conway, Arkansas.
Peruque Creek: Approximately 260 feet upstream of State Highway 79 ...... *452 FEMA Docket No. 7607, St. Charles County, City of O’Fallon, City of St. Paul, City of Lake St. Louis. Just downstream of Church Street ...... *533 *National Geodetic Vertical Datum Maps are available for inspection at the St. Charles County Administration Building, 201 North Second Street, Room 420, St. Charles, Mis- souri. Maps are available for inspection at City Hall, City of O’Fallon, 138 South Main Street, O’Fallon, Missouri. Maps are available for inspection at City Hall, City of St. Paul, St. Paul, Missouri. Maps are available for inspection at City Hall, City of Lake St. Louis, 1000 Lake St. Louis Boulevard, Lake St. Louis, Missouri.
Cottonwood Creek: Just upstream of SE 14th Street ...... *467 FEMA Docket No. 7607, City of Dallas, City of Grand Prairie. Approximately 700 feet upstream of Great Southwest Parkway ...... *531 Duck Creek: Approximately 600 feet downstream of Collins Road ...... *458 FEMA Docket No. 7607, City of Dallas, City of Garland, City of Mesquite, Town of Sunnyvale, Dallas County. Just downstream of Belt-line Road ...... *592 South Fork Cottonwood Creek: Approximately 150 feet downstream of Carrier Parkway ...... *486 City of Garland. Just downstream of Great Southeast Parkway ...... *547 Stream 2C2: At the mouth of Stream 2C2 ...... *494 City of Grand Prairie. Approximately 630 feet upstream of Glenbrook Drive ...... *495 Stream 8D1: At the mouth of Stream 8D1 ...... *467 City of Dallas, City of Grand Prairie. Approximately 50 feet downstream of Belt Line Road ...... *489 Stream 8D3: Approximately 300 feet downstream of Southeast 4th Street ...... *474 City of Grand Prairie. Approximately 75 feet downstream of South Center Street ...... *488 Stream 8D6: At the mouth of Stream 8D6 ...... *505 FEMA Docket No. 7607, City of Grand Prairie. Approximately 2,350 feet upstream of Arkansas Lane ...... *544 Stream 8D7: Approximately 2,000 feet downstream of Sherman Street ...... *496 City of Grand Prairie.
VerDate Aug<2,>2002 13:27 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 E:\FR\FM\19AUR1.SGM pfrm15 PsN: 19AUR1 53752 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Rules and Regulations
*Elevation in Source of flooding and location of referenced elevation feet (NGVD) Communities affected modified
Approximately 50 feet downstream of Sherman Street ...... *512 Maps are available for inspection at the Dallas County Administration Building, 411 Elm Street, 4th Floor, Dallas, Texas. Maps are available for inspection at the City of Dallas, 320 East Jefferson Boulevard, Dallas, Texas. Maps are available for inspection at the City of Garland, 200 North 5th Street, Garland, Texas. Maps are available for inspection at the City of Grand Prairie, City Development Center, 206 West Church Street, Grand Prairie, Texas. Maps are available for inspection at the City of Mesquite, 320 East Jefferson Boulevard, Dallas, Texas. Maps are available for inspection at the Town of Sunnyvale, 537 Long Creek Road, Sunnyvale, Texas.
(Catalog of Federal Domestic Assistance No. Commission’s duplicating contractor, FEDERAL COMMUNICATIONS 83.100, ‘‘Flood Insurance.’’) Qualex International, Portals II, 445 COMMISSION Dated: August 9, 2002. 12th Street, SW., Room CY–B402, Anthony S. Lowe, Washington, DC 20554, (202) 863–2893, 47 CFR Part 73 Administrator, Federal Insurance and facsimile (202) 863–2898, or via e-mail [DA 02–1876; MM Docket No. 01–198, RM– Mitigation Administration. [email protected]. 10213; MM Docket No. 01–200, RM–10215; [FR Doc. 02–20966 Filed 8–16–02; 8:45 am] MM Docket No. 01–202, RM–10217; MM List of Subjects in 47 CFR Part 73 BILLING CODE 6718–04–P Docket No 01–203, RM–10218; MM Docket No. 01–204; RM–10219; MM Docket No. 01– Radio, Radio broadcasting. 236, RM–10242; MM Docket No. 01–237, RM–10243; MM Docket No. 01–238, RM– FEDERAL COMMUNICATIONS Part 73 of title 47 of the Code of 10244; MM Docket No. 01–239, RM–10245; COMMISSION Federal Regulations is amended as MM Docket No. 01–240, RM–10246; MM follows: Docket No. 01–270, RM–10277; MM Docket 47 CFR Part 73 No. 01–272, RM–10279; and MM Docket No. PART 73—RADIO BROADCAST 01–274, RM–10286] [DA 02–1762; MM Docket No.01–297; RM– SERVICES 10297] Radio Broadcasting Services; Arnett, OK; Bruni, TX; Dilley, TX; Goree, TX; Radio Broadcasting Services; 1. The authority citation for Part 73 Hebbronville, TX; Junction, TX; Paragould, AR continues to read as follows: Leakey, TX; Matador, TX; Richland Authority: 47 U.S.C. 154, 303, 334 and 336. AGENCY: Federal Communications Springs, TX; Rison, AR; Sayre, OK; Commission. § 73.202 [Amended] Sweetwater, TX; and Turkey, TX; ACTION: Final rule. AGENCY: Federal Communications 2. Section 73.202(b), the Table of FM Commission. SUMMARY: This document allots Channel Allotments under Arkansas, is amended ACTION: Final rule. 257A to Paragould, Arkansas, in by adding Channel 257A at Paragould. response to a petition filed by Charles SUMMARY: This document grants 13 Crawford. See 66 FR 54191, October 26, Federal Communications Commisssion. John A. Karousos, proposals that allot new channels to 2001. The coordinates for Channel 257A Arnett, OK; Bruni, TX; Dilley, TX; at Paragould are 36–06–55 and 90–26– Assistant Chief, Audio Division, Media Goree, TX; Hebbronville, TX; Junction, 53. There is a site restriction 7.9 Bureau. TX; Leakey, TX; Matador, TX; Richland kilometers (4.9 miles) northeast of the [FR Doc. 02–20925 Filed 8–16–02; 8:45 am] Springs, TX, Rison, AR; Sayre, OK; community. With this action, this BILLING CODE 6712–01–P Sweetwater, TX; and Turkey, TX. The proceeding is terminated. A filing Commission, at the request of Katherine window for Channel 257A at Paragould Pyeatt, allots Channel 277C3 at will not be opened at this time. Instead, Junction, Texas, as the community’s the issue of opening this allotment for second local FM transmission service. auction will be addressed by the See 16 FCC Rcd 15801 (2001). Channel Commission in a subsequent order. 277C3 can be allotted at Junction in DATES: Effective September 16, 2002. compliance with the Commission’s FOR FURTHER INFORMATION CONTACT: minimum distance separation Kathleen Scheuerle, Media Bureau, requirements with a site restriction of (202) 418–2180. 12.3 kilometers (7.6 miles) south to SUPPLEMENTARY INFORMATION: This is a avoid short-spacings to the licensed summary of the Commission’s Report sites of Station KKCN(FM), Channel and Order, MM Docket No. 01–297, 276C1, Ballinger, Texas, and Station adopted July 17, 2002, and released KEEP(FM), Channel 276A, Bandera, August 2, 2002. The full text of this Texas. The coordinates for Channel Commission decision is available for 277C3 at Junction are 30–22–51 North inspection and copying during regular Latitude and 99–47–59 West Longitude. business hours in the FCC Information Although concurrence has been Center, Portals II, 445 12th Street, SW., requested for Channel 277C3 at Room CY–A257, Washington, DC 20554. Junction, notification has not been The complete text of this decision may received. If a construction permit is also be purchased from the granted prior to the receipt of formal
VerDate Aug<2,>2002 13:27 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 E:\FR\FM\19AUR1.SGM pfrm15 PsN: 19AUR1 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Rules and Regulations 53753
concurrence in the allotment by the modification, suspension or, concurrence has been requested for Mexican government, the construction termination without right to hearing, if Channel 221C3 at Sweetwater, permit will include the following found by the Commission to be notification has not been received. If a condition: ‘‘Operation with the facilities necessary in order to conform to the construction permit is granted prior to specified for Junction herein is subject 1992 USA-Mexico FM Broadcast the receipt of formal concurrence in the to modification, suspension or, Agreement.’’ allotment by the Mexican government, termination without right to hearing, if The Commission, at the request of the construction permit will include the found by the Commission to be Jeraldine Anderson, allots Channel following condition: ‘‘Operation with necessary in order to conform to the 275A at Goree, Texas, as the the facilities specified for Sweetwater 1992 USA-Mexico FM Broadcast community’s first local aural herein is subject to modification, Agreement.’’ See SUPPLEMENTARY transmission service. See 16 FCC Rcd suspension or, termination without right INFORMATION, infra. 15801 (2001). Channel 275A can be to hearing, if found by the Commission DATES: Effective September 16, 2002. allotted at Goree in compliance with the to be necessary in order to conform to The window period for filing Commission’s minimum distance the 1992 USA-Mexico FM Broadcast applications for these allotments will separation requirements with a site Agreement.’’ not be opened at this time. Instead, the restriction of 4.3 kilometers (2.7 miles) The Commission, at the request of issue of opening these allotments for northeast to avoid a short-spacing to the Katherine Pyeatt, allots Channel 285C2 auction will be addressed by the licensed and construction permit sites at Arnett, Oklahoma, as the Commission in a subsequent order. of Station KHXS(FM), Channel 274C1, community’s first local aural Merkel, Texas. The coordinates for transmission service. See 16 FCC Rcd FOR FURTHER INFORMATION CONTACT: Sharon P. McDonald, Media Bureau, Channel 275A at Goree are 33–30–00 16470 (2001). Channel 285C2 can be (202) 418–2180. North Latitude and 99–30–00 West allotted at Arnett in compliance with Longitude. the Commission’s minimum distance SUPPLEMENTARY INFORMATION: This is a The Commission, at the request of separation requirements with a site synopsis of the Commission’s Report Jeraldine Anderson, allots Channel restriction of 17.6 (11.1 miles) and Order, MM Docket No. 01–198, MM 299A at Leakey, Texas, as the southwest to avoid a short-spacing to Docket No. 01–200, MM Docket No. 01– community’s third local FM the vacant allotment site for Channel 202, MM Docket No. 01–203; MM transmission service. See 16 FCC Rcd 283C1 at Mooreland, Oklahoma. The Docket No. 01–204, MM Docket No. 01– 15801 (2001). Channel 299A can be coordinates for Channel 285C2 at Arnett 236, MM Docket No. 01–237, MM allotted at Leakey in compliance with are 36–02–45 North Latitude and 99– Docket No. 01–238, and MM Docket No. the Commission’s minimum distance 56–22 West Longitude. 01–239, MM Docket No. 01–240, MM separation requirements with a site The Commission, at the request of Docket No. 01–270, MM Docket No. 01– restriction of 13.3 kilometers (8.3 miles) Jeraldine Anderson, allots Channel 272, and MM Docket No. 01–274, west to avoid short-spacings to the 269C2 at Sayre, Oklahoma, as the adopted July 24, 2002, and released licensed sites of Station KXTN–FM, community’s first local aural August 2, 2002. The full text of this Channel 298C, San Antonio, Texas, and transmission service. See 16 FCC Rcd Commission decision is available for to the licensed site of Station XHPC– 16470 (2001). Channel 269C2 can be inspection and copying during normal FM, Channel 300B, Piedras, Mexico. allotted at Sayre in compliance with the business hours in the FCC Reference The coordinates for Channel 299A at Commission’s minimum distance Information Center (Room CY–A257), Leakey are 29–41–58 North Latitude and separation requirements at city 445 12th Street, SW., Washington, DC. 99–53–41 West Longitude. Although reference coordinates. The coordinates The complete text of this decision may concurrence has been requested for for Channel 269C2 at Sayre are 35–17– also be purchased from the Channel 299A at Leakey, notification 28 North Latitude and 99–38–23 West Commission’s copy contractor, Qualex has not been received. If a construction Longitude. International, Portals II, 445 12th Street, permit is granted prior to the receipt of The Commission, at the request of SW., Room CY–B402, Washington, DC formal concurrence in the allotment by Jeraldine Anderson, allots Channel 20554. the Mexican government, the 254A at Hebbronville, Texas, as the The Commission, at the request of construction permit will include the community’s second local FM Jeraldine Anderson, allots Channel following condition: ‘‘Operation with transmission service. See 16 FCC Rcd 264A at Dilley, Texas, as the the facilities specified for Leakey herein 16470 (2001). Channel 254A can be community’s second local FM is subject to modification, suspension allotted at Hebbronville in compliance transmission service. See 16 FCC Rcd or, termination without right to hearing, with the Commission’s minimum 15801 (2001). Channel 264A can be if found by the Commission to be distance separation requirements with a allotted at Dilley in compliance with the necessary in order to conform to the site restriction of 10.6 kilometers (6.6 Commission’s minimum distance 1992 USA-Mexico FM Broadcast miles) west to avoid a short-spacing to separation requirements a city reference Agreement.’’ the licensed site of Station KGBT–FM, coordinates. The coordinates for The Commission, at the request of Channel 253C, McAllen, Texas. The Channel 264A at Dilley are 28–40–02 Jeraldine Anderson, allots Channel coordinates for Channel 254A at North Latitude and 99–10–13 West 221C3 at Sweetwater, Texas, as the Hebrronvillle are 27–20–15 North Longitude. Although concurrence has community’s second local FM Latitude and 98–46–45 West Longitude. been requested for Channel 264A at transmission service. See 16 FCC Rcd Although concurrence has been Dilley, notification has not been 15801 (2001). Channel 221C3 can be requested for Channel 254A at received. If a construction permit is allotted at Sweetwater in compliance Hebbronville, notification has not been granted prior to the receipt of formal with the Commission’s minimum received. If a construction permit is concurrence in the allotment by the distance separation requirements at city granted prior to the receipt of formal Mexican government, the construction reference coordinates. The coordinates concurrence in the allotment by the permit will include the following for Channel 221C3 at Sweetwater are Mexican government, the construction condition: ‘‘Operation with the facilities 32–28–15 North Latitude and 100–24– permit will include the following specified for Dilley herein is subject to 20 West Longitude. Although condition: ‘‘Operation with the facilities
VerDate Aug<2,>2002 13:27 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 E:\FR\FM\19AUR1.SGM pfrm15 PsN: 19AUR1 53754 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Rules and Regulations
specified for Hebbronville herein is Channel 220C1 at Morton, Texas. The 4. Section 73.202(b), the Table of FM subject to modification, suspension or, coordinates for Channel 221C2 at Allotments under Texas, is amended by termination without right to hearing, if Matador are 34–03–56 North Latitude adding Bruni, Channel 293A; by adding found by the Commission to be and 100–36–43 West Longitude. Channel 264A at Dilley; by adding necessary in order to conform to the The Commission, at the request of Goree, Channel 275A; by adding 1992 USA-Mexico FM Broadcast Katherine Pyeatt, allots Channel 244C2 Channel 254A at Hebbronville; by Agreement.’’ at Turkey, Texas, as the community’s adding Channel 277C3 at Junction; by The Commission, at the request of first local aural transmission service. adding Channel 299A at Leakey; by Jeraldine Anderson, allots Channel See 16 FCC Rcd 17210 (2001). Channel adding Matador, Channel 221C2; by 293A at Bruni, Texas, as the 244C2 can be allotted at Turkey in adding Richland Springs, Channel community’s first local aural compliance with the Commission’s 252A; by adding Channel 221C3 at transmission service. See 16 FCC Rcd minimum distance separation Sweetwater; and by adding Turkey, 16470 (2001). Channel 293A can be requirements with a site restriction of Channel 244C2. allotted at Bruni in compliance with the 27.1 kilometers (16.9 miles) southeast to Federal Communications Commission. Commission’s minimum distance avoid a short-spacing to the licensed site John A. Karousos, separation requirements with a site of Station KMML–FM, Channel 245C1, restriction of 6.8 kilometers (4.2 miles) Amarillo, Texas. The coordinates for Assistant Chief, Audio Division, Media Bureau. north to avoid a short-spacing to the Channel 244C2 at Turkey are 34–10–06 licensed site of Station KPSO–FM, North Latitude and 100–46–46 West [FR Doc. 02–20924 Filed 8–16–02; 8:45 am] Channel 292A, Falfurrias, Texas, the Longitude. BILLING CODE 6712–01–P construction permit site of Station The Commission, at the request of KTKY(FM), Channel 293C2, Taft, Texas, Linda Crawford, allots Channel 252A at and the allotment site for Channel 294A Richland Springs, Texas, as the FEDERAL COMMUNICATIONS at El Lobo, Mexico. The coordinates for community’s second local FM COMMISSION Channel 293A at Bruni are 27–29–12 transmission service. See 16 FCC Rcd 47 CFR Parts 74 and 78 North Latitude and 98–51–00 West 17210 (2001). Channel 252A can be Longitude. Although concurrence has allotted at Richland Springs in [ET Docket No. 95–18; FCC 02–221] been requested for Channel 293A at compliance with the Commission’s Bruni, notification has not been minimum distance separation 2 GHz Suspension received. If a construction permit is requirements at city reference AGENCY: Federal Communications granted prior to the receipt of formal coordinates. The coordinates for Commission. concurrence in the allotment by the Channel 252A at Richland Springs are ACTION: Final rule; suspension order. Mexican government, the construction 31–16–10 North Latitude and 98–56–41 permit will include the following West Longitude. Although concurrence SUMMARY: This document suspends for condition: ‘‘Operation with the facilities has been requested for Channel 252A at one year until September 6, 2003, the specified for Bruni herein is subject to Richland Springs, notification has not expiration date for the initial two-year modification, suspension or, been received. If a construction permit mandatory negotiation period for Phase termination without right to hearing, if is granted prior to the receipt of formal I of the 2 GHz band relocation plan found by the Commission to be concurrence in the allotment by the between Mobile-Satellite Service and necessary in order to conform to the Mexican government, the construction Broadcast Auxiliary Service. The 1992 USA-Mexico FM Broadcast permit will include the following provisions of this initial Phase 1 Agreement.’’ condition: ‘‘Operation with the facilities mandatory negotiation period will The Commission, at the request of specified for Richland Springs herein is remain in effect for the duration of this Charles Crawford, allots Channel 255A subject to modification, suspension or, suspension. The suspension period may at Rison, Arkansas, as the community’s termination without right to hearing, if be subsequently lengthened or first local aural transmission service. found by the Commission to be shortened by the Commission as See 16 FCC Rcd 16470 (2001). Channel necessary in order to conform to the circumstances warrant. 255A can be allotted at Rison in 1992 USA-Mexico FM Broadcast DATES: Effective August 2, 2002. compliance with the Commission’s Agreement.’’ minimum distance separation FOR FURTHER INFORMATION CONTACT: Gary requirements with a site restriction of List of Subjects in 47 CFR Part 73 Thayer, Office of Engineering and Technology, (202) 418–2290. 2.2 kilometers (1.4 miles) southwest to Radio, Radio broadcasting. avoid a short-spacing to the licensed site SUPPLEMENTARY INFORMATION: This is a of Station KZYP(FM), Channel 257A, PART 73—RADIO BROADCAST summary of the Commission’s Order, ET Pine Bluff, Arkansas. The coordinates SERVICES Docket No. 95–18, FCC 02–221, adopted for Channel 255A at Rison are 33–56– July 31, 2002, and released August 2, 30 North Latitude and 92–12–14 West 1. The authority citation for Part 73 2002. The full text of this document is Longitude. continues to read as follows: available for inspection and copying The Commission, at the request of Authority: 47 U.S.C. 154, 303, 334 and 336. during regular business hours in the Katherine Pyeatt, allots Channel 221C2 FCC Reference Center (Room CY–A257), at Matador, Texas, as the community’s § 73.202 [Amended] 445 12th Street, SW, Washington, DC first local aural transmission service. 2. Section 73.202(b), the Table of FM 20554. The complete text of this See 16 FCC Rcd 17210 (2001). Channel Allotments under Arkansas, is amended document also may be purchased from 221C2 at can be allotted at Matador in by adding Rison, Channel 255A. the Commission’s copy contractor, compliance with the Commission’s 3. Section 73.202(b), the Table of FM Qualex International, 445 12th Street, minimum distance separation Allotments under Oklahoma, is SW., Room, CY–B402, Washington, DC requirements with a site restriction of .3 amended by adding Arnett, Channel 20554. The full text may also be kilometers (12.6 miles) east to avoid a 285C2; and by adding Sayre, Channel downloaded at: www.fcc.gov. short-spacing to the application site for 269C2. Alternative formats are available to
VerDate Aug<2,>2002 13:27 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 E:\FR\FM\19AUR1.SGM pfrm15 PsN: 19AUR1 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Rules and Regulations 53755
persons with disabilities by contacting seeking comment on proposals that of the initial negotiation period under Brian Millin at (202) 418–7426 or TTY would allow MSS licensees to provide the present circumstances, rather than (202) 418–7365. ancillary terrestrial component (‘‘ATC’’) prejudice our consideration of the operations in the 2 GHz MSS band. In relocation issues presented in the Summary of the Order ET Docket No. 00–258, 66 FR 47618, pending proceedings. Therefore, we find 1. This Order immediately suspends September 13, 2001, we are seeking that the expiration date for the initial for one year, until September 6, 2003, comment on proposals to support the Phase 1, two-year mandatory BAS the expiration date for the initial two- introduction of new advanced wireless negotiation period should be year mandatory negotiation period for services, including Third Generation suspended, effective immediately upon Phase 1 of the 2 GHz band relocation (‘‘3–G’’) wireless systems in spectrum release of this order, for one year until plan between Mobile-Satellite Service below 3 GHz, including some of the September 6, 2003. We retain the (MSS) and Broadcast Auxiliary Service MSS spectrum in the 2 GHz band. In option, however, to shorten or lengthen (BAS), adopted in the Second Report WT Docket No. 02–55, 67 FR 16351, this suspension as circumstances and Order and Second Memorandum April 5, 2002, we are exploring various warrant while we consider further Opinion and Order (Second Report and options to improve public safety action on this matter in pending Order), 65 FR 48174, August 7, 2000. communications in the 800 MHz band proceedings. We also emphasize that the The provisions of the initial Phase 1 that could include relocating incumbent action taken herein is an interim mandatory negotiation period will 800 MHz services to the current MSS measure and does not prejudice further remain in effect for the duration of this allocation in the 2 GHz band. In each of action in other proceedings. For the suspension. We retain the option to these dockets, we have sought comment duration of this suspension, all other shorten or lengthen this suspension as on what changes might be needed to the aspects of the initial mandatory BAS circumstances warrant. BAS relocation procedures adopted in negotiation period will continue in force 2. In the Memorandum Opinion and the Second Report and Order should the and, as a consequence, BAS incumbents Order and Third Notice of Proposed proposals affecting the 2 GHz MSS will not be subject to involuntary Rule Making and Order, 63 FR 69606, bands be adopted. relocation by MSS licensees in the December 17, 1998, we allocated 70 4. In the Second Report and Order, we interim. We will require MSS and BAS megahertz of spectrum for MSS in the concluded that the adopted negotiation licensees to comply with all negotiation 2 GHz band. In the Second Report and period structure would serve our twin requirements and procedures adopted in Order, we adopted relocation goals of maintaining the integrity of the the Second Report and Order that are procedures for incumbent BAS facilities BAS system operation while providing applicable to the initial BAS mandatory at 1990–2025 MHz and incumbent for early access to the spectrum for MSS negotiation period. Because we are not Fixed Service (FS) facilities at 2165– providers. We found that the BAS and suspending or modifying any other 2200 MHz. This relocation plan was MSS industries had been aware of this aspect of the BAS or FS relocation plan, modeled after the Commission’s earlier proceeding and closely followed its MSS and FS licensees in the 2165–2200 Emerging Technologies policies in ET progress since 1995. In addition, we MHz band remain free to enter into Docket No. 92–9, and requires MSS noted that the spectrum became relocation negotiations under the entrants to provide comparable facilities available for MSS on January 1, 2000, provisions adopted in the Second to BAS and FS incumbents that are and that ICO had represented that it Report and Order. relocated prior to the sunset dates expected to be ready to begin providing 6. On October 22, 2001, the National specified in the Second Report and service in 2002. Based upon these Association of Broadcasters (NAB) and Order. The BAS relocation plan calls for factors, among others, we decided that the Association for Maximum Service a two-phase relocation, each phase the initial BAS negotiation period Television, Inc. (MSTV) filed a pleading beginning with a two-year mandatory should commence immediately upon styled ‘‘Motion for Stay of Mandatory negotiation period that will clear the Federal Register publication of the Negotiation Period.’’ The Motion was lowest BAS channel then in use in the Second Report and Order, and that a supported in separate pleadings by the top 30 Nielsen Designated Market Areas. two-year duration for the initial Society of Broadcast Engineers and by In the event that an agreement for mandatory negotiation period was Cox Broadcasting, Inc. (jointly with relocation is not reached by the end of appropriate. Cosmos Broadcasting Corporation and a particular negotiation period, the MSS 5. As noted above, subsequent to our Media General, Inc.), and was opposed licensee(s) have the option of relocating establishing the 2 GHz MSS band by New ICO Global Communications BAS incumbents involuntarily. The relocation plans, we specifically sought Ltd., and the Boeing Company. initial, two-year mandatory negotiation comment in the MSS Flexibility, While NAB’s pleading appears to seek period for Phase 1 commenced upon Advanced Wireless/3–G, and 800 MHz a stay of the entire negotiation process Federal Register publication of the Public Safety rule making notices on delineated in the Second Report and Second Report and Order on September whether to revise the Second Report Order, a subsequent ex parte submission 6, 2000, and is due to expire on and Order relocation plan based on the by NAB appears to indicate that NAB is September 6, 2002. As stated in the outcome of the proposals in those not opposed to the requirement for Second Report and Order, it remains a rulemakings. Because it does not appear negotiation. Rather, NAB effectively primary goal to ensure that the that we will be able to act on the requests an indefinite suspension of the transition causes the minimum possible respective issues prior to the Phase 1 timetables in the negotiation/relocation disruption to BAS operations. BAS mandatory negotiation deadline of process. To the extent that NAB’s 3. Subsequent to adoption of the September 6, 2002, we find it to be in motion would challenge the imposition Second Report and Order, we initiated the public interest to continue the of the negotiation/relocation process several major rule makings that propose, negotiating period until we are able to delineated in the Second Report and or seek comment on, alternative uses fully address these relocation issues Order, it must be dismissed as a late- and new allocations in portions of the based on the extensive record that these filed Petition for Reconsideration. To 2 GHz band now allocated for MSS. For other proceedings have generated. We the extent that it requests a suspension example, in IB Docket No. 01–185, 66 further find that it is prudent and in the of the timetables in the negotiation/ FR 47621, September 13, 2001, we are public interest to suspend the expiration relocation process, we dismiss it as
VerDate Aug<2,>2002 13:27 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 E:\FR\FM\19AUR1.SGM pfrm15 PsN: 19AUR1 53756 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Rules and Regulations
moot in light of our action. We note that PART 78—[AMENDED] SUPPLEMENTARY INFORMATION: NHTSA opponents’ substantive arguments in administers a program for reducing opposing NAB’s Motion are considered 3. The authority citation for part 78 motor vehicle theft. The central feature and disposed of in our determination. continues to read as follows: of this program is the Federal Motor Vehicle Theft Prevention Standard, 49 Ordering Clauses Authority: Secs. 2, 3, 4, 301, 303, 307, 308, 309, 48 Stat., as amended, 1064, 1065, 1066, CFR part 541. The standard specifies 7. Authority for issuance of this Order 1081, 1082, 1083, 1084, 1085, 47 U.S.C. 152, performance requirements for inscribing is contained in sections 4(i), 303(f), and 153, 154, 301, 303, 307, 308, 309. and affixing vehicle identification 303(r) of the Communications Act of 4. Section 78.40 is amended by numbers (VINs) onto certain major 1934, as amended, 47 U.S.C. 154(i), adding the following note to paragraph original equipment and replacement 303(f), and 303(r), and section 553(d) of (f): parts of high-theft lines of passenger the Administrative Procedure Act, 5 motor vehicles. U.S.C. 553(d). § 78.40 Transition of the 1990–2025 MHz The agency is required by 49 U.S.C. 8. Pursuant to sections 4(i), 303(f), band from the Cable Television Relay 33104(b)(4) to periodically obtain, from and 303(r) of the Communications Act Service to emerging technologies. the most reliable source, accurate and of 1934, as amended, 47 U.S.C. 154(i), * * * * * timely theft data and publish the data 303(f), and 303(r), and section 553(d) of (f) * * * for review and comment. To fulfill this the Administrative Procedure Act, 5 Note to paragraph (f): FCC suspends for statutory mandate, NHTSA has U.S.C. 553(d), the expiration date of one year, until September 6, 2003, the published theft data annually beginning September 6, 2002, for the initial two- expiration date for the initial two-year with MYs 1983/84. Continuing to fulfill year mandatory BAS negotiation period mandatory negotiation period in paragraph the ‘‘33104(b)(4) mandate, this for Phase 1 set forth in the Second (e)(1) and the beginning of the involuntary document reports the final theft data for Report and Order in ET Docket No. 95– relocation period in paragraph (f)(4). CY 2000, the most recent calendar year 18 is hereby suspended, effective for which data are available. August 2, 2002, for one year until [FR Doc. 02–20185 Filed 8–16–02; 8:45 am] In calculating the 2000 theft rates, September 6, 2003. BILLING CODE 6712–01–P NHTSA followed the same procedures it 9. Pursuant to sections 4(i), 303(f), used in calculating the MY 1999 theft and 303(r) of the Communications Act rates. (For 1999 theft data calculations, of 1934, as amended, 47 U.S.C. 154(i), DEPARTMENT OF TRANSPORTATION see 66 FR 39554, July 31, 2001.) As in 303(f), and 303(r), the Motion for Stay all previous reports, NHTSA’s data were of Mandatory Negotiation Period filed National Highway Traffic Safety based on information provided to by the National Association of Administration NHTSA by the National Crime Broadcasters (NAB) and the Association Information Center (NCIC) of the for Maximum Service Television, Inc. 49 CFR Part 541 Federal Bureau of Investigation. The (MSTV), is hereby dismissed. NCIC is a government system that [Docket No. NHTSA–2002–11443; Notice 02] Federal Communications Commission. receives vehicle theft information from Marlene H. Dortch, RIN 2127–AI73 nearly 23,000 criminal justice agencies Secretary. and other law enforcement authorities Final Theft Data; Motor Vehicle Theft throughout the United States. The NCIC List of Subjects in 47 CFR Parts 74 and Prevention Standard data also include reported thefts of self- 78 insured and uninsured vehicles, not all AGENCY: National Highway Traffic Communications equipment, Radio. of which are reported to other data Safety Administration (NHTSA), sources. Rule Changes Department of Transportation. The 2000 theft rate for each vehicle For the reasons discussed in the ACTION: Publication of final theft data. line was calculated by dividing the preamble, the Federal Communications number of reported thefts of MY 2000 SUMMARY: This document publishes the vehicles of that line stolen during Commission amends 47 CFR parts 74 final data on thefts of model year (MY) and 78 to read as follows: calendar year 2000 by the total number 2000 passenger motor vehicles that of vehicles in that line manufactured for PART 74—[AMENDED] occurred in calendar year (CY) 2000. MY 2000, as reported to the The final 2000 theft data indicate that Environmental Protection Agency 1. The authority citation for part 74 the vehicle theft rate for CY/MY 2000 (EPA). continues to read as follows: vehicles (2.89 thefts per thousand The final 2000 theft data show no Authority: 47 U.S.C. 154, 303, 307, and vehicles) did not change from the theft change in the vehicle theft rate when 554. rate for CY/MY 1999 (2.89 thefts per compared to the theft rate experienced 2. Section 74.690 is amended by thousand vehicles) when compared to in CY/MY 1999. The final theft rate for adding the following note to paragraph the theft rate experienced in CY/MY MY 2000 passenger vehicles stolen in (e): 1999. Publication of these data fulfills calendar year 2000 of 2.89 thefts per NHTSA’s statutory obligation to thousand vehicles produced, did not § 74.690 Transition of the 1990–2025 MHz periodically obtain accurate and timely band from the Broadcast Auxiliary Service change from the rate of 2.89 thefts per to emerging technologies. theft data and publish the information thousand vehicles experienced by MY for review and comment. * * * * * 1999 vehicles in CY 1999. For MY 2000 (e) * * * FOR FURTHER INFORMATION CONTACT: Ms. vehicles, out of a total of 206 vehicle Deborah Mazyck, Office of Planning and lines, 51 lines had a theft rate higher Note to paragraph (e): FCC suspends for Consumer Programs, NHTSA, 400 than 3.5826 per thousand vehicles, the one year, until September 6, 2003, the expiration date for the initial two-year Seventh Street, SW., Washington, DC established median theft rate for MYs mandatory negotiation period in paragraph 20590. Ms. Mazyck’s telephone number 1990/1991. (See 59 FR 12400, March 16, (e)(1) and the beginning of the involuntary is (202) 366–0846. Her fax number is 1994.) Of the 51 vehicle lines with a relocation period in paragraph (e)(4). (202) 493–2290. theft rate higher than 3.5826, 43 are
VerDate Aug<2,>2002 13:27 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 E:\FR\FM\19AUR1.SGM pfrm15 PsN: 19AUR1 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Rules and Regulations 53757
passenger car lines, eight are receive any written comments from the passenger car lines with a theft rate multipurpose passenger vehicle lines, public. As a result, the final theft rates higher than 3.5826 and eight and none are light-duty truck lines. and rankings of vehicle lines did not multipurpose passenger car lines with a On Tuesday, March 12, 2002, NHTSA change from those published in the theft rate higher than 3.5826. published the preliminary theft rates for March 2002 notice. The following list represents CY 2000 passenger motor vehicles in the Further reanalysis of the theft rate NHTSA’s final calculation of theft rates Federal Register (67 FR 11161). The data revealed that the number of vehicle for all 2000 passenger motor vehicle agency tentatively ranked each of the lines reported with a theft rate higher lines. This list is intended to inform the MY 2000 vehicle lines in descending than 3.5826 was incorrect. Preliminary public of calendar year 2000 motor order of theft rate. The public was theft data for CY 2000 inadvertently vehicle thefts of model year 2000 requested to comment on the accuracy reported that there were 45 passenger vehicles and does not have any effect on of the data and to provide final car lines with theft rates higher than the obligations of regulated parties production figures for individual 3.5826. However, NHTSA is correcting under 49 U.S.C. Chapter 331, Theft vehicle lines. The agency did not the final theft data to report 43 Prevention.
THEFT RATES OF MODEL YEAR 2000 PASSENGER MOTOR VEHICLES STOLEN IN CALENDAR YEAR 2000
2000 theft rate Make/model Production (per 1,000 Manufacturer (line) Thefts 2000 (Mfr’s) 2000 vehicles pro- duced)
1 DAIMLERCHRYSLER ...... PLYMOUTH BREEZE ...... 173 15,723 11.0030 2 MITSUBISHI ...... MONTERO SPORT/NATIVA 1 ...... 509 46,272 11.0002 3 MITSUBISHI ...... MONTERO ...... 22 2,147 10.2469 4 BMW ...... X5 ...... 12 1,312 9.1463 5 DAIMLERCHRYSLER ...... CHRYSLER INTREPID 2 ...... 4 449 8.9087 6 DAIMLERCHRYSLER ...... DODGE STRATUS ...... 1,040 118,845 8.7509 7 DAIMLERCHRYSLER ...... DODGE INTREPID ...... 1,400 162,279 8.6271 8 MITSUBISHI ...... MIRAGE ...... 502 61,957 8.1024 9 DAIMLERCHRYSLER ...... PLYMOUTH NEON ...... 626 89,142 7.0225 10 DAIMLERCHRYSLER ...... DODGE NEON ...... 1,191 170,098 7.0018 11 GENERAL MOTORS ...... CHEVROLET METRO ...... 210 30,521 6.8805 12 DAIMLERCHRYSLER ...... JEEP CHEROKEE ...... 1,040 153,816 6.7613 13 HONDA ...... ACURA NSX ...... 2 305 6.5574 14 DAIMLERCHRYSLER ...... CHRYSLER LHS...... 139 22,944 6.0582 15 ASTON MARTIN ...... VANTAGE COUPE ...... 1 175 5.7143 16 DAIMLERCHRYSLER ...... CHRYSLER CIRRUS...... 267 46,849 5.6992 17 FORD MOTOR CO ...... FORD CONTOUR ...... 350 61,603 5.6815 18 DAIMLERCHRYSLER ...... CHRYSLER SEBRING CONVERTIBLE ...... 287 50,940 5.6341 19 GENERAL MOTORS ...... OLDSMOBILE BRAVADA ...... 186 33,179 5.6060 20 MITSUBISHI ...... GALANT ...... 520 94,773 5.4868 21 HONDA ...... CIVIC ...... 1,807 339,223 5.3269 22 GENERAL MOTORS ...... PONTIAC GRAND AM ...... 1,194 225,321 5.2991 23 GENERAL MOTORS ...... OLDSMOBILE ALERO ...... 586 118,421 4.9484 24 DAEWOO ...... LEGANZA ...... 128 25,960 4.9307 25 HONDA ...... ACURA INTEGRA ...... 136 28,095 4.8407 26 DAEWOO ...... LANOS ...... 116 24,049 4.8235 27 KIA MOTORS ...... SEPHIA/SPECTRA ...... 487 101,027 4.8205 28 GENERAL MOTORS ...... OLDSMOBILE INTRIGUE ...... 352 73,399 4.7957 29 FORD MOTOR CO ...... MERCURY MYSTIQUE ...... 98 20,839 4.7027 30 DAIMLERCHRYSLER ...... CHRYSLER CONCORDE...... 268 59,453 4.5078 31 TOYOTA ...... COROLLA ...... 839 187,996 4.4629 32 SUZUKI ...... VITARA/GRAND VITARA...... 197 46,188 4.2652 33 AUDI ...... S4 ...... 23 5,396 4.2624 34 GENERAL MOTORS ...... CADILLAC DEVILLE/LIMOUSINE ...... 380 92,619 4.1028 35 FORD MOTOR CO ...... FORD MUSTANG ...... 832 202,972 4.0991 36 KIA MOTORS...... SPORTAGE ...... 271 66,519 4.0740 37 HYUNDAI ...... ACCENT ...... 232 57,111 4.0623 38 MITSUBISHI ...... ECLIPSE ...... 185 45,850 4.0349 39 GENERAL MOTORS ...... CHEVROLET CAMARO ...... 177 43,990 4.0236 40 GENERAL MOTORS ...... PONTIAC SUNFIRE ...... 366 91,198 4.0132 41 SUZUKI ...... ESTEEM ...... 78 19,520 3.9959 42 ISUZU ...... TROOPER ...... 75 19,100 3.9267 43 GENERAL MOTORS ...... CHEVROLET CAVALIER ...... 975 256,972 3.7942 44 GENERAL MOTORS ...... CHEVROLET MALIBU ...... 817 215,601 3.7894 45 TOYOTA ...... LEXUS GS ...... 102 26,952 3.7845 46 GENERAL MOTORS ...... CHEVROLET LUMINA/MONTE CARLO ...... 368 98,556 3.7339 47 GENERAL MOTORS ...... PONTIAC FIREBIRD/TRANS AM/FORMULA 115 31,093 3.6986 48 HYUNDAI ...... SONATA ...... 182 49,340 3.6887 49 FORD MOTOR CO ...... FORD FOCUS ...... 1,112 304,049 3.6573 50 AUDI ...... A6 ...... 94 26,000 3.6154 51 GENERAL MOTORS ...... BUICK REGAL ...... 224 62,502 3.5839 52 JAGUAR ...... S–TYPE ...... 117 32,818 3.5651 53 NISSAN ...... MAXIMA ...... 604 175,111 3.4492
VerDate Aug<2,>2002 13:27 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 E:\FR\FM\19AUR1.SGM pfrm15 PsN: 19AUR1 53758 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Rules and Regulations
THEFT RATES OF MODEL YEAR 2000 PASSENGER MOTOR VEHICLES STOLEN IN CALENDAR YEAR 2000—Continued
2000 theft rate Make/model Production (per 1,000 Manufacturer (line) Thefts 2000 (Mfr’s) 2000 vehicles pro- duced)
54 FORD MOTOR CO ...... LINCOLN TOWN CAR ...... 296 89,164 3.3197 55 NISSAN ...... ALTIMA ...... 484 147,978 3.2708 56 VOLVO ...... C70 ...... 17 5,293 3.2118 57 GENERAL MOTORS ...... CHEVROLET BLAZER S10/T10 ...... 800 249,486 3.2066 58 SUZUKI ...... SWIFT ...... 9 2,860 3.1469 59 DAIMLERCHRYSLER ...... CHRYSLER NEON 2 ...... 4 1,303 3.0698 60 NISSAN ...... PATHFINDER ...... 88 28,983 3.0363 61 GENERAL MOTORS ...... CHEVROLET PRIZM ...... 116 38,920 2.9805 62 AUDI ...... TT ...... 21 7,215 2.9106 63 MERCEDES BENZ ...... 220 (S-CLASS) ...... 118 40,612 2.9055 64 HYUNDAI ...... ELANTRA ...... 354 122,625 2.8869 65 ISUZU ...... RODEO ...... 155 54,169 2.8614 66 GENERAL MOTORS ...... GMC JIMMY S–15 ...... 251 87,839 2.8575 67 HONDA ...... PRELUDE ...... 29 10,165 2.8529 68 GENERAL MOTORS ...... CADILLAC SEVILLE ...... 89 31,414 2.8331 69 MAZDA ...... MILLENIA ...... 49 17,334 2.8268 70 DAEWOO ...... NUBIRA ...... 67 23,985 2.7934 71 GENERAL MOTORS ...... PONTIAC GRAND PRIX ...... 431 156,496 2.7541 72 FORD MOTOR CO ...... FORD TAURUS ...... 945 350,145 2.6989 73 FORD MOTOR CO ...... MERCURY MOUNTAINEER ...... 134 50,023 2.6788 74 DAIMLERCHRYSLER ...... DODGE AVENGER ...... 17 6,376 2.6662 75 MERCEDES BENZ ...... 208 (CLK-CLASS) ...... 47 17,796 2.6410 76 FORD MOTOR CO ...... FORD EXPLORER ...... 1,001 383,386 2.6109 77 GENERAL MOTORS ...... CHEVROLET IMPALA ...... 519 199,319 2.6039 78 GENERAL MOTORS ...... CHEVROLET CORVETTE ...... 81 31,189 2.5971 79 DAIMLERCHRYSLER ...... CHRYSLER 300 M ...... 138 53,353 2.5865 80 FORD MOTOR CO ...... MERCURY SABLE ...... 239 93,301 2.5616 81 TOYOTA ...... CELICA ...... 154 60,368 2.5510 82 MAZDA ...... 626 ...... 192 76,444 2.5116 83 ISUZU ...... VEHICROSS ...... 2 808 2.4752 84 NISSAN ...... INFINITI Q45 ...... 10 4,045 2.4722 85 DAIMLERCHRYSLER ...... JEEP GRAND CHEROKEE ...... 741 299,988 2.4701 86 BMW ...... Z3 ...... 24 9,857 2.4348 87 TOYOTA ...... CAMRY/CAMRY SOLARA ...... 1,097 451,343 2.4305 88 FORD MOTOR CO ...... LINCOLN LS ...... 164 68,527 2.3932 89 JAGUAR ...... XK8/XK8 CONVERTIBLE ...... 11 4,698 2.3414 90 TOYOTA ...... RAV4 ...... 103 44,645 2.3071 91 TOYOTA ...... 4-RUNNER ...... 302 132,248 2.2836 92 DAIMLERCHRYSLER ...... DODGE CARAVAN/GRAND ...... 727 333,712 2.1785 93 FORD MOTOR CO ...... FORD RANGER PICKUP TRUCK ...... 747 346,291 2.1571 94 FORD MOTOR CO ...... FORD F–150 PICKUP TRUCK ...... 318 151,791 2.0950 95 GENERAL MOTORS ...... CHEVROLET S–10 PICKUP TRUCK ...... 514 246,662 2.0838 96 DAIMLERCHRYSLER ...... PLYMOUTH VOYAGER/GRAND ...... 258 123,906 2.0822 97 FORD MOTOR CO ...... FORD ESCORT ...... 200 96,287 2.0771 98 MAZDA ...... PROTEGE ...... 166 80,346 2.0661 99 GENERAL MOTORS ...... SATURN SC ...... 33 16,009 2.0613 100 BMW ...... 7 ...... 35 17,141 2.0419 101 TOYOTA ...... ECHO ...... 114 56,699 2.0106 102 HYUNDAI ...... TIBURON ...... 32 15,958 2.0053 103 MITSUBISHI ...... DIAMANTE ...... 17 8,629 1.9701 104 GENERAL MOTORS ...... SATURN SL ...... 255 130,551 1.9533 105 FORD MOTOR CO ...... MERCURY COUGAR ...... 87 44,911 1.9372 106 DAIMLERCHRYSLER ...... CHRYSLER SEBRING COUPE ...... 21 10,910 1.9248 107 DAIMLERCHRYSLER ...... JEEP WRANGLER...... 178 92,672 1.9208 108 GENERAL MOTORS ...... BUICK CENTURY ...... 272 144,495 1.8824 109 NISSAN ...... XTERRA ...... 200 108,434 1.8444 110 GENERAL MOTORS ...... GMC SAFARI VAN ...... 54 30,093 1.7944 111 DAIMLERCHRYSLER ...... DODGE DAKOTA PICKUP TRUCK ...... 322 181,011 1.7789 112 VOLVO ...... S40/V40 ...... 63 35,817 1.7589 113 NISSAN ...... SENTRA ...... 120 68,587 1.7496 114 BMW ...... 5 ...... 80 45,769 1.7479 115 BMW ...... 3 ...... 155 89,026 1.7411 116 FORD MOTOR CO ...... LINCOLN CONTINENTAL ...... 42 24,210 1.7348 117 GENERAL MOTORS ...... CHEVROLET ASTRO VAN ...... 155 89,660 1.7288 118 GENERAL MOTORS ...... CHEVROLET TRACKER ...... 77 45,063 1.7087 119 HONDA ...... PASSPORT ...... 35 20,493 1.7079 120 VOLVO ...... S70/V70 ...... 69 40,581 1.7003 121 NISSAN ...... INFINITI G20 ...... 23 13,635 1.6868 122 MAZDA ...... B SERIES PICKUP TRUCK ...... 53 31,627 1.6758
VerDate Aug<2,>2002 16:26 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 E:\FR\FM\19AUR1.SGM pfrm15 PsN: 19AUR1 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Rules and Regulations 53759
THEFT RATES OF MODEL YEAR 2000 PASSENGER MOTOR VEHICLES STOLEN IN CALENDAR YEAR 2000—Continued
2000 theft rate Make/model Production (per 1,000 Manufacturer (line) Thefts 2000 (Mfr’s) 2000 vehicles pro- duced)
123 MERCEDES BENZ ...... 203 (C-CLASS) ...... 44 26,439 1.6642 124 VOLVO ...... XC ...... 24 14,489 1.6564 125 TOYOTA ...... TACOMA PICKUP TRUCK ...... 236 142,518 1.6559 126 VOLKSWAGEN ...... JETTA ...... 224 137,940 1.6239 127 GENERAL MOTORS ...... CADILLAC ELDORADO ...... 22 13,845 1.5890 128 GENERAL MOTORS ...... PONTIAC BONNEVILLE ...... 94 59,334 1.5843 129 ISUZU ...... HOMBRE PICKUP TRUCK ...... 7 4,449 1.5734 130 JAGUAR ...... XJR ...... 2 1,290 1.5504 131 NISSAN ...... FRONTIER PICKUP TRUCK ...... 217 143,358 1.5137 132 MERCEDES BENZ ...... 215 (CL-CLASS) ...... 2 1,338 1.4948 133 FORD MOTOR CO ...... MERCURY GRAND MARQUIS ...... 200 135,282 1.4784 134 HONDA ...... ACCORD ...... 627 430,595 1.4561 135 PORSCHE ...... 911 ...... 11 7,578 1.4516 136 GENERAL MOTORS ...... GMC SONOMA PICKUP TRUCK ...... 86 60,124 1.4304 137 JAGUAR ...... XJ8 ...... 10 7,086 1.4112 138 VOLKSWAGEN ...... GOLF/GTI ...... 37 26,862 1.3774 139 AUDI ...... A8 ...... 3 2,189 1.3705 140 MERCEDES BENZ ...... 210 (E-CLASS) ...... 64 46,709 1.3702 141 TOYOTA ...... LEXUS LS ...... 15 11,179 1.3418 142 DAIMLERCHRYSLER ...... DODGE VIPER ...... 2 1,559 1.2829 143 GENERAL MOTORS ...... SATURN LS ...... 105 82,956 1.2657 144 TOYOTA ...... LEXUS RX ...... 113 89,410 1.2638 145 GENERAL MOTORS ...... BUICK LESABRE ...... 240 190,269 1.2614 146 FORD MOTOR CO ...... FORD WINDSTAR VAN ...... 291 232,403 1.2521 147 AUDI ...... A4 ...... 24 19,304 1.2433 148 VOLVO ...... S80 ...... 44 35,864 1.2269 149 SUBARU ...... IMPREZA ...... 21 17,353 1.2102 150 GENERAL MOTORS ...... PONTIAC MONTANA VAN ...... 75 62,640 1.1973 151 MERCEDES BENZ ...... 170 (SLK-CLASS) ...... 7 5,891 1.1883 152 TOYOTA ...... LEXUS ES ...... 54 45,885 1.1769 153 DAIMLERCHRYSLER ...... PLYMOUTH PROWLER ...... 3 2,576 1.1646 154 GENERAL MOTORS ...... BUICK PARK AVENUE ...... 59 51,365 1.1486 155 VOLKSWAGEN ...... CABRIO ...... 10 8,836 1.1317 156 NISSAN ...... INFINITI I30 ...... 45 39,815 1.1302 157 JAGUAR ...... VANDEN PLAS ...... 4 3,596 1.1123 158 NISSAN ...... QUEST ...... 52 46,834 1.1103 159 HONDA ...... ACURA TL ...... 74 67,287 1.0998 160 GENERAL MOTORS ...... CADILLAC CATERA ...... 17 15,629 1.0877 161 GENERAL MOTORS ...... CHEVROLET VENTURE VAN ...... 107 100,041 1.0696 162 HONDA ...... CR–V ...... 121 114,387 1.0578 163 TOYOTA ...... TUNDRA PICKUP TRUCK ...... 11 10,527 1.0449 164 HONDA ...... ACURA RL ...... 17 16,470 1.0322 165 MERCEDES BENZ ...... 129 (SL–CLASS) ...... 5 4,845 1.0320 166 SUBARU ...... FORESTER ...... 29 28,950 1.0017 167 DAIMLERCHRYSLER ...... CHRYSLER TOWN & COUNTRY ...... 93 96,298 0.9658 168 ISUZU ...... AMIGO ...... 3 3,199 0.9378 169 MAZDA ...... MPV ...... 47 50,565 0.9295 170 FORD MOTOR CO ...... MERCURY VILLAGER MPV ...... 29 31,495 0.9208 171 GENERAL MOTORS ...... CADILLAC FUNERAL COACH ...... 1 1,100 0.9091 172 TOYOTA ...... AVALON ...... 98 108,025 0.9072 173 VOLKSWAGEN ...... NEW BEETLE ...... 81 89,819 0.9018 174 NISSAN ...... INFINITI QX4 ...... 25 28,258 0.8847 175 VOLKSWAGEN ...... PASSAT ...... 59 67,216 0.8778 176 GENERAL MOTORS ...... OLDSMOBILE SILHOUETTE VAN ...... 34 41,705 0.8152 177 SAAB ...... 9–3 ...... 14 17,929 0.7809 178 GENERAL MOTORS ...... SATURN LW ...... 11 14,418 0.7629 179 SAAB ...... 9–5 ...... 13 17,162 0.7575 180 TOYOTA ...... SIENNA VAN ...... 96 131,405 0.7306 181 TOYOTA ...... MR2 ...... 4 5,597 0.7147 182 SUBARU ...... LEGACY ...... 65 97,215 0.6686 183 JAGUAR ...... XKR ...... 1 1,508 0.6631 184 GENERAL MOTORS ...... SATURN SW ...... 6 9,113 0.6584 185 PORSCHE ...... BOXSTER/BOXSTER S ...... 8 13,563 0.5898 186 HONDA ...... S2000 ...... 5 9,206 0.5431 187 MAZDA ...... MX–5 MIATA ...... 8 16,107 0.4967 188 FORD MOTOR CO ...... FORD CROWN VICTORIA ...... 50 103,784 0.4818 189 HONDA ...... INSIGHT ...... 2 5,603 0.3570 190 HONDA ...... ODYSSEY ...... 33 122,131 0.2702 191 ASTON MARTIN ...... VANTAGE VOLANTE ...... 0 573 0.0000
VerDate Aug<2,>2002 13:27 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 E:\FR\FM\19AUR1.SGM pfrm15 PsN: 19AUR1 53760 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Rules and Regulations
THEFT RATES OF MODEL YEAR 2000 PASSENGER MOTOR VEHICLES STOLEN IN CALENDAR YEAR 2000—Continued
2000 theft rate Make/model Production (per 1,000 Manufacturer (line) Thefts 2000 (Mfr’s) 2000 vehicles pro- duced)
192 BMW ...... Z8 ...... 0 2,936 0.0000 193 DAIMLERCHRYSLER ...... CHRYSLER STRATUS 2 ...... 0 131 0.0000 194 FIAT ...... FERRARI 360 ...... 0 452 0.0000 195 FIAT ...... FERRARI 456 ...... 0 82 0.0000 196 FIAT ...... FERRARI 550 ...... 0 256 0.0000 197 LOTUS ...... ESPRIT ...... 0 200 0.0000 198 ROLLS-ROYCE ...... BENTLEY ARNAGE ...... 0 422 0.0000 199 ROLLS-ROYCE ...... BENTLEY AZURE ...... 0 93 0.0000 200 ROLLS-ROYCE ...... BENTLEY CONTINENTAL R ...... 0 23 0.0000 201 ROLLS-ROYCE ...... BENTLEY CONTINENTAL SC ...... 0 3 0.0000 202 ROLLS-ROYCE ...... BENTLEY CONTINENTAL T ...... 0 2 0.0000 203 ROLLS-ROYCE ...... BENTLEY CORNICHE ...... 0 97 0.0000 204 ROLLS-ROYCE ...... SILVER SERAPH ...... 0 154 0.0000 205 TOYOTA ...... LEXUS SC ...... 0 823 0.0000 206 VOLKSWAGEN ...... EUROVAN ...... 0 2,791 0.0000 1 Nativa is the name applied to Montero Sport vehicles that are manufactured for sale only in Puerto Rico. 2 These vehicles were manufactured for sale in the U.S. territories under the Chrysler nameplate.
Issued on: August 14, 2002. Roger A. Saul, Acting Associate Administrator for Safety Performance Standards. [FR Doc. 02–21027 Filed 8–16–02; 8:45 am] BILLING CODE 4910–59–P
VerDate Aug<2,>2002 13:27 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 E:\FR\FM\19AUR1.SGM pfrm15 PsN: 19AUR1 53761
Proposed Rules Federal Register Vol. 67, No. 160
Monday, August 19, 2002
This section of the FEDERAL REGISTER Microsoft Word 97 for Windows or How Can I Be Sure FAA Receives my contains notices to the public of the proposed ASCII text. Comment? issuance of rules and regulations. The purpose of these notices is to give interested You may get service information that If you want FAA to acknowledge the persons an opportunity to participate in the applies to this proposed AD from receipt of your mailed comments, you rule making prior to the adoption of the final Pilatus Aircraft Ltd., Customer Liaison must include a self-addressed, stamped rules. Manager, CH–6371 Stans, Switzerland; postcard. On the postcard, write telephone: +41 41 619 63 19; facsimile: ‘‘Comments to Docket No. 2002–CE–08– +41 41 619 6224; or from Pilatus AD.’’ We will date stamp and mail the DEPARTMENT OF TRANSPORTATION Business Aircraft Ltd., Product Support postcard back to you. Federal Aviation Administration Department, 11755 Airport Way, Discussion Broomfield, Colorado 80021; telephone: What Events Have Caused This 14 CFR Part 39 (303) 465–9099; facsimile: (303) 465– 6040. You may also view this Proposed AD? [Docket No. 2002–CE–08–AD] information at the Rules Docket at the The Federal Office for Civil Aviation RIN 2120–AA64 address above. (FOCA), which is the airworthiness authority for Switzerland, recently FOR FURTHER INFORMATION CONTACT: Airworthiness Directives; Pilatus notified FAA that an unsafe condition Aircraft Ltd. Model PC–6 Airplanes Doug Rudolph, Aerospace Engineer, may exist on certain Pilatus Model PC– FAA, Small Airplane Directorate, 901 6 airplanes. The FOCA reported an AGENCY: Federal Aviation Locust, Room 301, Kansas City, Administration, DOT. instance where unapproved mass Missouri 64106; telephone: (816) 329– balance weights and an improper ACTION: Notice of proposed rulemaking 4059; facsimile: (816) 329–4090. aileron configuration were found on a (NPRM). SUPPLEMENTARY INFORMATION: Model PC–6 airplane. The FOCA SUMMARY: This document proposes to determined the cause as improper adopt a new airworthiness directive Comments Invited configuration control and tracking. (AD) that would apply to certain Pilatus How Do I Comment on This Proposed What Are the Consequences if the Aircraft Ltd. (Pilatus) Model PC–6 AD? Condition Is Not Corrected? airplanes. This proposed AD would require you to inspect the aileron The FAA invites comments on this This condition, if not corrected, could assembly for correct configuration and proposed rule. You may submit result in failure of the aileron mass modify as necessary. This proposed AD whatever written data, views, or balance weights. Such failure could lead is the result of mandatory continuing arguments you choose. You need to to loss of control of the airplane. airworthiness information (MCAI) include the rule’s docket number and Is There Service Information That issued by the airworthiness authority for submit your comments to the address Applies to This Subject? Switzerland. The actions specified by specified under the caption ADDRESSES. this proposed AD are intended to Pilatus has issued Service Bulletin We will consider all comments received No. 62B, dated May 1967, and Pilatus correct improper aileron assembly on or before the closing date. We may configuration, which could result in PC–6 Service Bulletin No. 57–001, dated amend this proposed rule in light of December 20, 2001. failure of the aileron mass balance comments received. Factual information weight. Such failure could lead to loss that supports your ideas and suggestions What Are the Provisions of This Service of control of the airplane. is extremely helpful in evaluating the Information? DATES: The Federal Aviation effectiveness of this proposed AD action These service bulletins include Administration (FAA) must receive any and determining whether we need to procedures for inspecting the aileron comments on this proposed rule on or take additional rulemaking action. assembly for correct configuration and before September 13, 2002. modifying the aileron assembly if ADDRESSES: Submit comments to FAA, Are There Any Specific Portions of This necessary. Central Region, Office of the Regional Proposed AD I Should Pay Attention Counsel, Attention: Rules Docket No. To? What Action Did the FOCA Take? 2002–CE–08–AD, 901 Locust, Room The FOCA classified these service The FAA specifically invites 506, Kansas City, Missouri 64106. You bulletins as mandatory and issued Swiss may view any comments at this location comments on the overall regulatory, AD HB 2002–001, dated February 8, between 8 a.m. and 4 p.m., Monday economic, environmental, and energy 2002, in order to ensure the continued through Friday, except Federal holidays. aspects of this proposed rule that might airworthiness of these airplanes in You may also send comments suggest a need to modify the rule. You Switzerland. electronically to the following address: may view all comments we receive [email protected]. Comments before and after the closing date of the Was This in Accordance With the sent electronically must contain rule in the Rules Docket. We will file a Bilateral Airworthiness Agreement? ‘‘Docket No. 2002–CE–08–AD’’ in the report in the Rules Docket that This airplane model is manufactured subject line. If you send comments summarizes each contact we have with in Switzerland and is type certificated electronically as attached electronic the public that concerns the substantive for operation in the United States under files, the files must be formatted in parts of this proposed AD. the provisions of section 21.29 of the
VerDate Aug<2,>2002 16:58 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\19AUP1.SGM pfrm17 PsN: 19AUP1 53762 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Proposed Rules
Federal Aviation Regulations (14 CFR information referenced above; and previously-referenced service 21.29) and the applicable bilateral determined that: information. airworthiness agreement. —The unsafe condition referenced in Cost Impact Pursuant to this bilateral this document exists or could develop airworthiness agreement, the FOCA has on other Pilatus Model PC–6 airplanes How Many Airplanes Would This kept FAA informed of the situation of the same type design that are on the Proposed AD Impact? U.S. registry; described above. —the actions specified in the We estimate that this proposed AD The FAA’s Determination and an previously-referenced service affected 35 airplanes in the U.S. registry. information should be accomplished Explanation of the Provisions of This What Would be the Cost of This Proposed AD on the affected airplanes; and —AD action should be taken in order to Proposed AD on Owners/Operators of What Has FAA Decided? correct this unsafe condition. the Affected Airplanes? The FAA has examined the findings What Would This Proposed AD Require? We estimate the following costs to of the FOCA; reviewed all available This proposed AD would require you accomplish the proposed inspection: information, including the service to incorporate the actions in the
Total cost per Total cost on U.S. Labor cost Parts cost airplane operators
1 workhour×$60 per hour=$60 ...... No parts required ...... $60 $60×35=$2,100.
We estimate the following costs to results of the proposed inspection. We of airplanes that may need such accomplish any necessary modifications have no way of determining the number modification: that would be required based on the
Labor cost Parts cost Total cost per airplane
16 workhours×$60 = $960 ...... $419 $419+$960 = $1,379.
Compliance Time of This Proposed AD it is determined that this proposed rule Federal Aviation Regulations (14 CFR would not have federalism implications part 39) as follows: What Would Be the Compliance Time of under Executive Order 13132. This Proposed AD? PART 39—AIRWORTHINESS The compliance time of this proposed Would This Proposed AD Involve a DIRECTIVES AD is ‘‘within the next 30 days after the Significant Rule or Regulatory Action? effective date of this AD.’’ For the reasons discussed above, I 1. The authority citation for part 39 continues to read as follows: Why Is the Compliance Time Presented certify that this proposed action (1) is in Calendar Time Instead of Hours not a ‘‘significant regulatory action’’ Authority: 49 U.S.C. 106(g), 40113, 44701. Time-in-Service (TIS)? under Executive Order 12866; (2) is not a ‘‘significant rule’’ under DOT § 39.13 [Amended] This unsafe condition is not a result Regulatory Policies and Procedures (44 2. FAA amends § 39.13 by adding a of the number of times the airplane is FR 11034, February 26, 1979); and (3) if operated. The chance of this situation new airworthiness directive (AD) to promulgated, will not have a significant read as follows: occurring is the same for an airplane economic impact, positive or negative, with 10 hours time-in-service (TIS) as it Pilatus Aircraft Ltd.: Docket No. 2002–CE– on a substantial number of small entities 08–AD would be for a airplane with 500 hours under the criteria of the Regulatory (a) What airplanes are affected by this AD? TIS. For this reason, the FAA has Flexibility Act. A copy of the draft This AD affects Model PC–6 airplanes, all determined that a compliance based on regulatory evaluation prepared for this calendar time should be utilized in this manufacturer serial numbers (MSN) up to action has been placed in the Rules and including 939, that are certificated in any AD in order to assure that the unsafe Docket. A copy of it may be obtained by condition is addressed on all airplanes category. contacting the Rules Docket at the (b) Who must comply with this AD? in a reasonable time period. location provided under the caption Anyone who wishes to operate any of the Regulatory Impact ADDRESSES. airplanes identified in paragraph (a) of this AD must comply with this AD. Would This Proposed AD Impact List of Subjects in 14 CFR Part 39 (c) What problem does this AD address? Various Entities? Air transportation, Aircraft, Aviation The actions specified by this AD are intended The regulations proposed herein safety, Safety. to correct improper aileron assembly would not have a substantial direct configuration, which could result in failure The Proposed Amendment of the aileron mass balance weight. Such effect on the States, on the relationship failure could lead to loss of control of the between the national government and Accordingly, under the authority airplane. the States, or on the distribution of delegated to me by the Administrator, (d) What actions must I accomplish to power and responsibilities among the the Federal Aviation Administration address this problem? To address this various levels of government. Therefore, proposes to amend part 39 of the problem, you must accomplish the following:
VerDate Aug<2,>2002 16:58 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 E:\FR\FM\19AUP1.SGM pfrm17 PsN: 19AUP1 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Proposed Rules 53763
Actions Compliance Procedures
(1) Inspect the aileron assembly for proper configuration Within the next 30 days In accordance with Pilatus Service Bulletin No. 62B, after the effective date of dated May 1967, as specified in Pilatus PC–6 Serv- this AD. ice Bulletin No. 57–001, dated December 20, 2001. (2) If the aileron assembly configuration incorporates ai- Prior to further flight after Modify in accordance with Pilatus Service Bulletin No. leron part number (P/N) 6106.10.xxx or P/N the inspection required in 62B, dated paragraph May 1967. Install the placard 6106.0010.xxx, modify the assembly in accordance paragraph (d)(1) of this in accordance with Pilatus PC–6 Service Bulletin No. with Pilatus Service Bulletin No. 62B, dated May AD. 57–001, dated December 20, 2001. 1967, and install a placard. (3) If the aileron assembly configuration differs from that Prior to further flight after In accordance with Pilatus PC–6 Service Bulletin No. specified in Pilatus Service Bulletin No. 62B, dated the inspection required in 57–001, dated December 20, 2001. May 1967, or if the part numbers are missing and paragraph (d)(1) of this cannot be verified: (i) obtain a repair scheme from the AD. manufacturer through the FAA at the address speci- fied in paragraph (f) of this AD; and (ii) incorporate this repair scheme. (4) Do not install any aileron assembly unless the in- As of the effective date of In accordance with Pilatus PC–6 Service Bulletin No. spection, modification, placard, and repair require- this AD. 57–001, dated December 20, 2001. ments (as applicable) of paragraphs (d)(1), (d)(2), (d)(3), (d)(3)(i), and (d)(3)(ii) of this AD are accom- plished.
(e) Can I comply with this AD in any other 80021; telephone: (303) 465–9099; facsimile: indicating that the alternating current way? You may use an alternative method of (303) 465–6040. You may view these (AC) cross-tie relay shorted out compliance or adjust the compliance time if: documents at FAA, Central Region, Office of internally, which caused severe smoke (1) Your alternative method of compliance the Regional Counsel, 901 Locust, Room 506, provides an equivalent level of safety; and Kansas City, Missouri 64106. and burn damage to the relay, aircraft wiring, and adjacent panels. This (2) The Standards Office Manager, Small Note 2: The subject of this AD is addressed Airplane Directorate, approves your in Swiss AD HB 2002–001, dated February 8, extension of the comment period is alternative. Submit your request through an 2002. necessary to assure that all interested FAA Principal Maintenance Inspector, who persons have ample opportunity to may add comments and then send it to the Issued in Kansas City, Missouri, on August present their views on the proposed Standards Office Manager. 2, 2002. requirements of the NPRM. Note 1: This AD applies to each airplane Dorenda D. Baker, identified in paragraph (a) of this AD, Acting Manager, Small Airplane Directorate, DATES: Comments must be received by regardless of whether it has been modified, Aircraft Certification Service. August 26, 2002. altered, or repaired in the area subject to the [FR Doc. 02–20933 Filed 8–16–02; 8:45 am] requirements of this AD. For airplanes that ADDRESSES: Submit comments in have been modified, altered, or repaired so BILLING CODE 4910–13–P triplicate to the Federal Aviation that the performance of the requirements of Administration (FAA), Transport this AD is affected, the owner/operator must Airplane Directorate, ANM–114, DEPARTMENT OF TRANSPORTATION request approval for an alternative method of Attention: Rules Docket No. 99–NM– compliance in accordance with paragraph (e) of this AD. The request should include an Federal Aviation Administration 90–AD, 1601 Lind Avenue, SW., assessment of the effect of the modification, Renton, Washington 98055–4056. alteration, or repair on the unsafe condition 14 CFR Part 39 Comments may be inspected at this addressed by this AD; and, if you have not location between 9:00 a.m. and 3:00 eliminated the unsafe condition, specific [Docket No. 99–NM–90–AD] p.m., Monday through Friday, except actions you propose to address it. RIN 2120–AA64 Federal holidays. Comments may be (f) Where can I get information about any submitted via fax to (425) 227–1232. already-approved alternative methods of Airworthiness Directives; McDonnell Comments may also be sent via the compliance? Contact Doug Rudolph, Douglas Model DC–9 Airplanes and Internet using the following address: Aerospace Engineer, FAA, Small Airplane Model MD–88 Airplanes Directorate, 901 Locust, Room 301, Kansas [email protected]. Comments sent via fax or the Internet City, Missouri 64106; telephone: (816) 329– AGENCY: Federal Aviation 4059; facsimile: (816) 329–4090. Administration, DOT. must contain ‘‘Docket No. 99–NM–90– (g) What if I need to fly the airplane to AD’’ in the subject line and need not be ACTION: Notice of proposed rulemaking another location to comply with this AD? The submitted in triplicate. Comments sent (NPRM); reopening of the comment FAA can issue a special flight permit under via the Internet as attached electronic period. sections 21.197 and 21.199 of the Federal files must be formatted in Microsoft Aviation Regulations (14 CFR 21.197 and 21.199) to operate your airplane to a location SUMMARY: This document extends the Word 97 for Windows or ASCII text. where you can accomplish the requirements period for public comment on the FOR FURTHER INFORMATION CONTACT: of this AD. above-referenced NPRM that would Elvin Wheeler, Aerospace Engineer, (h) How do I get copies of the documents apply to certain McDonnell Douglas referenced in this AD? You may get copies of Systems and Equipment Branch, ANM– Model DC–9 airplanes and Model MD– 130L, FAA, Los Angeles Aircraft the documents referenced in this AD from 88 airplanes. The NPRM proposes to Pilatus Aircraft Ltd., Customer Liaison Certification Office, 3960 Paramount require replacement of certain power Manager, CH–6371 Stans, Switzerland; Boulevard, Lakewood, California relays, and subsequent repetitive telephone: +41 41 619 63 19; facsimile: +41 90712–4137; telephone (562) 627–5344; cleaning, inspecting, repairing, and 41 619 6224; or from Pilatus Business fax (562) 627–5210. Aircraft Ltd., Product Support Department, testing of certain replaced power relays. 11755 Airport Way, Broomfield, Colorado The NPRM is prompted by reports SUPPLEMENTARY INFORMATION:
VerDate Aug<2,>2002 16:58 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 E:\FR\FM\19AUP1.SGM pfrm17 PsN: 19AUP1 53764 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Proposed Rules
Comments Invited Board (NTSB) to extend the comment DATES: Comments on the proposed rule Interested persons are invited to period of the second supplemental and related material must reach the participate in the making of the NPRM by three weeks to allow Docket Management Facility on or proposed rule by submitting such additional time to prepare comments. before September 18, 2002. Comments written data, views, or arguments as The FAA has considered this request sent to the Office of Management and they may desire. Communications shall and finds it appropriate to extend the Budget (OMB) on collection of identify the Rules Docket number and comment period to give all interested information must reach OMB on or be submitted in triplicate to the address persons more time to examine the before September 18, 2002. specified above. All communications proposed requirements of the second ADDRESSES: To make sure that your received on or before the closing date supplemental NPRM and to submit comments and related material are not for comments, specified above, will be comments. In light of the fact that some entered more than once in the docket, considered before taking action on the of the additional time requested to please submit them by only one of the proposed rule. The proposals contained prepare comments has passed, we have following means: in this action may be changed in light determined that extending the comment (1) By mail to the Docket Management of the comments received. period by 7 days after date of Facility (USCG–1998–3884), U.S. Submit comments using the following publication in the Federal Register is Department of Transportation, room PL– format: appropriate, and that such an extension 401, 400 Seventh Street SW., • Organize comments issue-by-issue. will not compromise the safety of these Washington, DC 20590–0001. For example, discuss a request to airplanes. (2) By delivery to room PL–401 on the Plaza level of the Nassif Building, 400 change the compliance time and a The Extension request to change the service bulletin Seventh Street SW., Washington, DC, The comment period for Docket No. reference as two separate issues. between 9 a.m. and 5 p.m., Monday 99–NM–90–AD is hereby extended to • For each issue, state what specific through Friday, except Federal holidays. August 26, 2002. change to the proposed AD is being The telephone number is 202–366– Since no portion of the second requested. 9329. • Include justification (e.g., reasons or supplemental NPRM or other regulatory (3) By fax to the Docket Management data) for each request. information has been changed, that Facility at 202–493–2251. (4) Electronically through the Web Comments are specifically invited on entire NPRM is not being republished. site for the Docket Management System the overall regulatory, economic, Issued in Renton, Washington, on August at http://dms.dot.gov. environmental, and energy aspects of 12, 2002. Ali Bahrami, You must also mail comments on the proposed rule. All comments collection of information to the Office of submitted will be available, both before Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. Information and Regulatory Affairs, and after the closing date for comments, Office of Management and Budget, 725 [FR Doc. 02–20932 Filed 8–16–02; 8:45 am] in the Rules Docket for examination by 17th Street NW., Washington, DC 20503, interested persons. A report BILLING CODE 4910–13–P ATTN: Desk Officer, U.S. Coast Guard. summarizing each FAA-public contact The Docket Management Facility concerned with the substance of this maintains the public docket for the proposal will be filed in the Rules DEPARTMENT OF TRANSPORTATION rulemaking. Comments and material Docket. received from the public, as well as Commenters wishing the FAA to Coast Guard documents mentioned in the preamble acknowledge receipt of their comments to the proposed rule as being available submitted in response to this action 33 CFR Parts 148, 149, and 150 in the docket, will become part of this must submit a self-addressed, stamped docket and will be available for [USCG–1998–3884] postcard on which the following inspection or copying at room PL–401, statement is made: ‘‘Comments to RIN 2115–AF63 located on the Plaza level of the Nassif Docket Number 99–NM–90–AD.’’ The Building, 400 Seventh Street SW., postcard will be date stamped and Deepwater Ports; Reopening of Washington, DC, between 9 a.m. and 5 returned to the commenter. Comment Period p.m., Monday through Friday, except Events Leading to This Extension of the Federal holidays. You may also find this AGENCY: Coast Guard, DOT. Comment Period docket on the Internet at http:// ACTION: Notice of proposed rulemaking; dms.dot.gov. A proposal to amend part 39 of the reopening of comment period. Federal Aviation Regulations (14 CFR FOR FURTHER INFORMATION CONTACT: If part 39) to include an AD that would SUMMARY: In response to public you have questions on this proposed apply to certain McDonnell Douglas requests, the Coast Guard is reopening rule, call Commander Mark Prescott, Model DC–9 airplanes and Model MD– the comment period on its notice of Vessel and Facility Operating Standards 88 airplanes was published as a second proposed rulemaking on deepwater Division (G–MSO–2), Coast Guard, supplemental notice of proposed ports published in the Federal Register telephone 202–267–0225. If you have rulemaking (NPRM) in the Federal on May 30, 2002, (67 FR 37920). questions on viewing or submitting Register on July 1, 2002 (67 FR 44119). Reopening the comment period gives material to the docket, call Dorothy The second supplemental NPRM the public more time to submit Beard, Chief, Dockets, Department of proposed to require replacement of comments and recommendations on the Transportation, telephone 202–366– certain power relays, and subsequent issues raised in the proposed rule. This 5149. repetitive cleaning, inspecting, rulemaking is necessary to update the SUPPLEMENTARY INFORMATION: repairing, and testing of certain replaced regulations with current technology and power relays. industry standards. It will also align Request for Comments The FAA has received a request from them with certain regulations for other We encourage you to participate in the National Transportation Safety fixed offshore facilities. the rulemaking by submitting comments
VerDate Aug<2,>2002 16:58 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\19AUP1.SGM pfrm17 PsN: 19AUP1 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Proposed Rules 53765
and related material. If you do so, please and Radiation Program, Mailcode 8P– completeness criteria set out at 40 CFR include your name and address, identify AR, Environmental Protection Agency part 51, appendix V. In a June 29, 2001 the docket number for the rulemaking (EPA), Region 8, 999 18th Street, Suite letter, the EPA informed the State that (USCG–1998–3884), indicate the 300, Denver, Colorado, 80202. Copies of the submittal was found to be complete. specific section of the proposed rule to the documents relevant to this action B. Summary of SIP Revisions which each comment applies, and give are available for public inspection the reason for each comment. You may during normal business hours at the Air ARM 17.8.132—Credible Evidence submit your comments and material by and Radiation Program, Environmental Montana has adopted a credible mail, hand delivery, fax, or electronic Protection Agency, Region 8, 999 18th evidence rule (ARM 17.8.132) to comply Street, Suite 300, Denver, Colorado, means to the Docket Management with the EPA’s final rule concerning 80202. Copies of the State documents Facility at the address under ADDRESSES; credible evidence. On February 24, relevant to this action are available for but please submit your comments and 1997, EPA promulgated regulations public inspection at the Montana material by only one means. If you under section 113(a) and 113(e)(1) of the Department of Environmental Quality, submit them by mail or hand delivery, CAA that gave EPA authority to use all Air and Waste Management Bureau, submit them in an unbound format, no available data to prove CAA violations 1 1520 E. 6th Avenue, Helena, Montana larger than 8 ⁄2 by 11 inches, suitable for (see 62 FR 8314–8328). The final rule 59620. copying and electronic filing. If you requires states to include provisions in submit them by mail and would like to FOR FURTHER INFORMATION CONTACT: their SIPs to allow for the use of know that they reached the Facility, Laurel Dygowski, EPA, Region 8, (303) credible evidence for the purposes of please enclose a stamped, self-addressed 312–6144. submitting compliance certifications postcard or envelope. SUPPLEMENTARY INFORMATION: and for establishing whether or not a We will consider all comments Throughout this document wherever person has violated a standard in a SIP. received during the comment period. ‘‘we’’ or ‘‘our’’ is used means EPA. In accordance with section 110(k)(5) We may change the proposed rule in I. Analysis of the State Submittal of the CAAA SIP Call was issued to the view of them. State of Montana on July 7, 1994 which Dated: August 12, 2002. A. Procedural Background was later superceded by another SIP Joseph J. Angelo, The Act requires States to observe Call on October 20, 1999. In a letter Director of Standards, Marine Safety, Security certain procedural requirements in from William P. Yellowtail, EPA and Environmental Protection. developing implementation plans and Regional Administrator, to Marc [FR Doc. 02–20952 Filed 8–16–02; 8:45 am] plan revisions for submission to EPA. Racicot, Governor of Montana, EPA BILLING CODE 4910–15–P Section 110(a)(2) of the Act provides notified the State of Montana that their that each implementation plan admitted SIP was inadequate to comply with by a State must be adopted after sections 110(a)(2)(A) and (C) of the CAA ENVIRONMENTAL PROTECTION reasonable notice and public hearing. because the SIP could be interpreted to AGENCY Section 110(1) of the Act similarly limit the types of credible evidence or provides that each revision to an information that may be used for 40 CFR Part 52 implementation plan submitted by a determining compliance and [SIP NO. MT–001–0043; FRL–7261–4] State under the Act must be adopted by establishing violations. In response to such State after reasonable notice and the SIP Call, the State of Montana Approval and Promulgation of Air public hearing. adopted and submitted a new credible Quality Implementation Plans for the EPA also must determine whether a evidence rule, ARM 17.8.132. EPA State of Montana; Revision to the submittal is complete and therefore believes the State’s new credible Administrative Rules of Montana warrants further EPA review and action evidence rule meets the requirements of (see section 110(k)(1) and 57 FR 13565). 40 CFR 51.212(c) and is proposing AGENCY: Environmental Protection EPA’s completeness criteria are set out approval of it into the SIP. Agency (EPA). at 40 CFR part 51, appendix V. EPA Section 110(l) of the Clean Air Act ACTION: Proposed rule. attempts to make completeness states that a SIP revision cannot be approved if the revision would interfere SUMMARY: EPA is proposing to approve determinations within 60 days of a State Implementation Plan (SIP) receiving a submission. However, a with any applicable requirement revision submitted by the Governor of submittal is deemed complete by concerning attainment and reasonable Montana on April 30, 2001. The April operation of law if a completeness further progress towards attainment of 30, 2001 submittal revises the State’s determination is not made by EPA six the NAAQS or any other applicable Administrative Rules of Montana (ARM) months after receipt of submission. requirements of the Act. The Montana To entertain public comment, the by adding a Credible Evidence Rule. SIP revisions that are the subject of this State of Montana, after providing The intended effect of this action is to document do not interfere with the adequate public notice, held several make the Credible Evidence Rule maintenance of the NAAQS or any other public hearings to address the revisions Federally enforceable. Finally, the applicable requirement of the Act to the SIP. Following the public Governor’s April 30, 2001 submittal because the State of Montana’s new hearings and public comment period, contains other SIP revisions which will credible evidence rule meets the federal the Montana Board of Environmental be addressed separately. This action is requirements in 40 CFR 51.212(c) and Review adopted the revisions. Revisions being taken under section 110 of the this rule will enhance the State’s efforts to ARM 17.8.132 were adopted on Clean Air Act (CAA). in implementing the Clean Air Act. November 17, 2000. Therefore, section 110(l) requirements DATES: Written comments must be The Governor of Montana submitted are satisfied. received on or before September 18, the revisions to the SIP with a letter 2002. dated April 30, 2001. The SIP revisions II. Proposed Action ADDRESSES: Written comments may be were reviewed by EPA to determine EPA is proposing to approve mailed to Richard R. Long, Director, Air completeness in accordance with the Montana’s Credible Evidence Rule
VerDate Aug<2,>2002 16:58 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 E:\FR\FM\19AUP1.SGM pfrm17 PsN: 19AUP1 53766 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Proposed Rules
(ARM 17.8.132) submitted on April 30, Executive Order 13045 ‘‘Protection of qualified for participation in the 2001. EPA is soliciting public comments Children from Environmental Health National Flood Insurance Program on the issues discussed in this Risks and Safety Risks’’ (62 FR 19885, (NFIP). document or on other relevant matters. April 23, 1997), because it is not DATES: The comment period is ninety These comments will be considered economically significant. (90) days following the second In reviewing SIP submissions, EPA’s before taking final action. Interested publication of this proposed rule in a parties may participate in the Federal role is to approve state choices, newspaper of local circulation in each rulemaking procedure by submitting provided that they meet the criteria of community. written comments to the EPA Regional the Clean Air Act. In this context, in the office listed in the ADDRESSES section of absence of a prior existing requirement ADDRESSES: The proposed BFEs for each this document. for the State to use voluntary consensus community are available for inspection standards (VCS), EPA has no authority at the office of the Chief Executive III. Administrative Requirements to disapprove a SIP submission for Officer of each community. The Under Executive Order 12866 (58 FR failure to use VCS. It would thus be respective addresses are listed in the 51735, October 4, 1993), this proposed inconsistent with applicable law for table below. action is not a ‘‘significant regulatory EPA, when it reviews a SIP submission, FOR FURTHER INFORMATION CONTACT: action’’ and therefore is not subject to to use VCS in place of a SIP submission Matthew B. Miller, P.E., Chief, Hazards review by the Office of Management and that otherwise satisfies the provisions of Study Branch, Federal Insurance and Budget. For this reason, this action is the Clean Air Act. Thus, the Mitigation Administration, FEMA, 500 also not subject to Executive Order requirements of section 12(d) of the C Street, SW., Washington, DC 20472, 13211, ‘‘Actions Concerning Regulations National Technology Transfer and (202) 646–3461 or (e-mail) That Significantly Affect Energy Supply, Advancement Act of 1995 (15 U.S.C. [email protected]. Distribution, or Use’’ (66 FR 28355, May 272 note) do not apply. This proposed SUPPLEMENTARY INFORMATION: FEMA 22, 2001). This proposed action merely rule does not impose an information proposes to make determinations of proposes to approve state law as collection burden under the provisions BFEs and modified BFEs for each meeting Federal requirements and of the Paperwork Reduction Act of 1995 community listed below, in accordance imposes no additional requirements (44 U.S.C. 3501 et seq.). beyond those imposed by state law. with section 110 of the Flood Disaster Accordingly, the Administrator certifies List of Subjects in 40 CFR Part 52 Protection Act of 1973, 42 U.S.C. 4104, that this proposed rule will not have a Environmental protection, Air and 44 CFR 67.4(a). significant economic impact on a pollution control, Carbon monoxide, These proposed BFEs and modified substantial number of small entities Intergovernmental relations, Lead, BFEs, together with the floodplain under the Regulatory Flexibility Act (5 Nitrogen dioxide, Ozone, Particulate management criteria required by 44 CFR U.S.C. 601 et seq.). Because this rule matter, Reporting and recordkeeping 60.3, are the minimum that are required. proposes to approve pre-existing requirements, Sulfur oxides, Volatile They should not be construed to mean requirements under state law and does organic compounds. that the community must change any not impose any additional enforceable existing ordinances that are more duty beyond that required by state law, Authority: 42 U.S.C. 7401 et seq. stringent in their floodplain it does not contain any unfunded Dated: August 13, 2002. management requirements. The mandate or significantly or uniquely Robert E. Roberts, community may at any time enact affect small governments, as described Regional Administrator, Region 8. stricter requirements of its own, or in the Unfunded Mandates Reform Act [FR Doc. 02–20988 Filed 8–16–02; 8:45 am] pursuant to policies established by other of 1995 (Public Law 104–4). BILLING CODE 6560–50–P Federal, State, or regional entities. This proposed rule also does not have These proposed elevations are used to tribal implications because it will not meet the floodplain management have a substantial direct effect on one or FEDERAL EMERGENCY requirements of the NFIP and are also more Indian tribes, on the relationship MANAGEMENT AGENCY used to calculate the appropriate flood between the Federal Government and insurance premium rates for new Indian tribes, or on the distribution of 44 CFR Part 67 buildings built after these elevations are power and responsibilities between the made final, and for the contents in these Federal Government and Indian tribes, [Docket No. FEMA–P–7613] buildings. as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). This Proposed Flood Elevation National Environmental Policy Act Determinations action also does not have Federalism This proposed rule is categorically implications because it does not have AGENCY: Federal Emergency excluded from the requirements of 44 substantial direct effects on the States, Management Agency (FEMA). CFR part 10, Environmental on the relationship between the national ACTION: Proposed rule. Consideration. No environmental government and the States, or on the impact assessment has been prepared. distribution of power and SUMMARY: Technical information or responsibilities among the various comments are requested on the Regulatory Flexibility Act levels of government, as specified in proposed Base (1% annual-chance) The Administrator for Federal Executive Order 13132 (64 FR 43255, Flood Elevations (BFEs) and proposed Insurance and Mitigation August 10, 1999). This action merely BFE modifications for the communities Administration certifies that this proposes to approve a state rule listed below. The BFEs and modified proposed rule is exempt from the implementing a Federal standard, and BFEs are the basis for the floodplain requirements of the Regulatory does not alter the relationship or the management measures that the Flexibility Act because proposed or distribution of power and community is required either to adopt modified BFEs are required by the Flood responsibilities established in the Clean or to show evidence of being already in Disaster Protection Act of 1973, 42 Air Act. This rule also is not subject to effect in order to qualify or remain U.S.C. 4104, and are required to
VerDate Aug<2,>2002 16:58 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 E:\FR\FM\19AUP1.SGM pfrm17 PsN: 19AUP1 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Proposed Rules 53767
establish and maintain community 12612, Federalism, dated October 26, PART 67—[AMENDED] eligibility in the NFIP. No regulatory 1987. flexibility analysis has been prepared. 1. The authority citation for Part 67 Executive Order 12778, Civil Justice Regulatory Classification Reform continues to read as follows: This proposed rule is not a significant This proposed rule meets the Authority: 42 U.S.C. 4001 et seq.; regulatory action under the criteria of applicable standards of section 2(b)(2) of Reorganization Plan No. 3 of 1978, 3 CFR, section 3(f) of Executive Order 12866 of Executive Order 12778. 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp., p. 376. September 30, 1993, Regulatory List of Subjects in 44 CFR Part 67 Planning and Review, 58 FR 51735. § 67.4 [Amended] Administrative practice and Executive Order 12612, Federalism procedure, flood insurance, reporting 2. The tables published under the This proposed rule involves no and record keeping requirements. authority of § 67.4 are proposed to be policies that have federalism Accordingly, 44 CFR Part 67 is amended as follows: implications under Executive Order proposed to be amended as follows:
#Depth in feet above ground. *Elevation in feet. State City/town/county Source of flooding Location (NGVD) •(NAVD) Existing Modified
Illinois ...... Bradley, Village of Kankakee River ...... The southwest corner of the Village of None *599 (Kankakee Bradley. County). North Branch Soldier Just upstream of Conrail bridge ...... *627 *628 Creek. Soldier Creek ...... At the confluence of North Branch Soldier *624 *627 Creek. Approximately 400 feet upstream of North *634 *634 Street. Maps are available for inspection at the Department of Building Standards, Village of Bradley, 147 S. Michigan Avenue, Bradley, Illinois. Send comments to The Honorable Jerry Balthazor, Village President, Village of Bradley, 147 S. Michigan Avenue, Bradley, Illinois 60915.
Illinois ...... Kankakee, City of Kankakee River ...... Approximately 7,600 feet downstream of *597 *598 (Kankakee Conrail. County). Approximately 3,600 feet upstream of I– *612 *606 57. Soldier Creek ...... Just upstream of Illinois Central Railroad *628 *627 Approximately 4,300 feet upstream of *632 *631 State Route 50 (Kinzie Avenue). Maps are available for inspection at the City of Kankakee Planning Department, 165 N. Schuyler Avenue, Kankakee, Illinois. Send comments to The Honorable Donald E. Green, Mayor, City of Kankakee, 385 E. Oak Street, Kankakee, Illinois 60901.
(Catalog of Federal Domestic Assistance No. proposed Base (1% annual-chance) FOR FURTHER INFORMATION CONTACT: 83.100, ‘‘Flood Insurance.’’) Flood Elevations (BFEs) and proposed Matthew B. Miller, P.E., Chief, Hazards Dated: August 8, 2002. BFE modifications for the communities Study Branch, Federal Insurance and Anthony S. Lowe, listed below. The BFEs and modified Mitigation Administration, FEMA, 500 Administrator, Federal Insurance and BFEs are the basis for the floodplain C Street, SW., Washington, DC 20472, Mitigation Administration. management measures that the (202) 646–3461 or (e-mail) [FR Doc. 02–20965 Filed 8–16–02; 8:45 am] community is required either to adopt [email protected]. BILLING CODE 6718–04–P or to show evidence of being already in SUPPLEMENTARY INFORMATION: FEMA effect in order to qualify or remain proposes to make determinations of qualified for participation in the BFEs and modified BFEs for each FEDERAL EMERGENCY National Flood Insurance Program MANAGEMENT AGENCY community listed below, in accordance (NFIP). with section 110 of the Flood Disaster 44 CFR Part 67 DATES: The comment period is ninety Protection Act of 1973, 42 U.S.C. 4104, (90) days following the second and 44 CFR 67.4(a). [Docket No. FEMA–P–7611] publication of this proposed rule in a These proposed BFEs and modified Proposed Flood Elevation newspaper of local circulation in each BFEs, together with the floodplain Determinations community. management criteria required by 44 CFR 60.3, are the minimum that are required. AGENCY: Federal Emergency ADDRESSES: The proposed BFEs for each They should not be construed to mean Management Agency (FEMA). community are available for inspection that the community must change any ACTION: Proposed rule. at the office of the Chief Executive existing ordinances that are more Officer of each community. The stringent in their floodplain SUMMARY: Technical information or respective addresses are listed in the management requirements. The comments are requested on the table below. community may at any time enact
VerDate Aug<2,>2002 16:58 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 E:\FR\FM\19AUP1.SGM pfrm17 PsN: 19AUP1 53768 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Proposed Rules
stricter requirements of its own, or modified BFEs are required by the Flood List of Subjects in 44 CFR Part 67 pursuant to policies established by other Disaster Protection Act of 1973, 42 Federal, State, or regional entities. U.S.C. 4104, and are required to Administrative practice and These proposed elevations are used to establish and maintain community procedure, Flood insurance, Reporting meet the floodplain management eligibility in the NFIP. No regulatory and record keeping requirements. requirements of the NFIP and are also flexibility analysis has been prepared. Accordingly, 44 CFR part 67 is used to calculate the appropriate flood proposed to be amended as follows: insurance premium rates for new Regulatory Classification buildings built after these elevations are This proposed rule is not a significant PART 67—[AMENDED] made final, and for the contents in these regulatory action under the criteria of buildings. section 3(f) of Executive Order 12866 of 1. The authority citation for Part 67 September 30, 1993, Regulatory continues to read as follows: National Environmental Policy Act Planning and Review, 58 FR 51735. This proposed rule is categorically Authority: 42 U.S.C. 4001 et seq.; excluded from the requirements of 44 Executive Order 12612, Federalism Reorganization Plan No. 3 of 1978, 3 CFR, CFR part 10, Environmental This proposed rule involves no 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, Consideration. No environmental policies that have federalism 3 CFR, 1979 Comp., p. 376. impact assessment has been prepared. implications under Executive Order § 67.4 [Amended] 12612, Federalism, dated October 26, Regulatory Flexibility Act 1987. 2. The tables published under the The Administrator for Federal Executive Order 12778, Civil Justice authority of § 67.4 are proposed to be Insurance and Mitigation amended as follows: Administration certifies that this Reform proposed rule is exempt from the This proposed rule meets the requirements of the Regulatory applicable standards of section 2(b)(2) of Flexibility Act because proposed or Executive Order 12778.
*Elevation in feet (NGVD) Source of flooding and location of referenced elevation Communities affected Existing Modified
Big Cabin Creek: Just upstream of the confluence with Neosho River ...... None *639 Mayes County (Unincorporated Areas). Approximately 550 feet upstream of Abandoned County Road ...... None *642 *National Geodetic Vertical Datum Lake Hudson: Entire shoreline ...... None *637 Mayes County, Town of Salina. Neosho River: Approximately 2,500 feet downstream of Strang Road ...... None *637 Mayes County, Town of Langley, Town of Disney. Just downstream of Pensacola Dam ...... None *649 Summerfield Creek: At the confluence with Neosho River ...... None *648 Mayes County, Town of Disney. Approximately 6,200 feet upstream of N4475 Road ...... None *658 Salt Branch Creek: Just upstream of Maple Street ...... None *611 Mayes County, City of Pryor Creek. Approximately 100 feet downstream of N4330 Road ...... None *633 *National Geodetic Vertical Datum Maps are available for inspection at the Mayes County Courthouse, Pryor Creek, Oklahoma. Send comments to Mr. Jim Montgomery, County Commissioner, Mayes County Courthouse, PO Box 9, Pryor Creek, Oklahoma 74362. Maps are available for inspection at City Hall, City of Pryor, 6 North Adair Street, Pryor Creek, Oklahoma. Send comments to The Honorable H. W. Jordan, Mayor, City of Pryor Creek, PO Box 1167, Pryor Creek, Oklahoma 74362. Maps are available for inspection at the Town Hall, Town of Disney, 101 Main Street, Disney, Oklahoma. Send comments to The Honorable Lewis Perrault, Mayor, Town of Disney, PO Box 318, Disney, Oklahoma 74340. Maps are available for inspection at City Hall, Town of Langley, 3rd Street and Osage Avenue, Langley, Oklahoma. Send comments to The Honorable Dick Lay, Mayor, Town of Langley, PO Box 760, Langley, Oklahoma 74350. Maps are available for inspection at the Town Hall, Town of Salina, Salina Oklahoma. Send comments to The Honorable Darrell Blaylock, Mayor, Town of Salina, PO Box 276, Salina, Oklahoma 74365. For further information please contact the Map Assistance Center toll free at 1–877–FEMA–MAP (1–877–336–2627).
VerDate Aug<2,>2002 16:58 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 E:\FR\FM\19AUP1.SGM pfrm17 PsN: 19AUP1 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Proposed Rules 53769
(Catalog of Federal Domestic Assistance No. community at coordinates 32–54–06 NL Commission proposes to amend 47 CFR 83.100, ‘‘Flood Insurance.’’) and 93–44–01 WL. See Supplementary part 73 as follows: Dated: August 12, 2002. Information. PART 73—RADIO BROADCAST Anthony S. Lowe, DATES: Comments must be filed on or SERVICES Administrator, Federal Insurance and before September 23, 2002, and reply Mitigation Administration. comments must be filed on or before 1. The authority citation for Part 73 [FR Doc. 02–20964 Filed 8–16–02; 8:45 am] October 8, 2002. continues to read as follows: ADDRESSES: Federal Communications BILLING CODE 6718–04–P Authority: 47 U.S.C. 154, 303, 334 and 336. Commission, 445 Twelfth Street, SW., Washington, DC 20554. In addition to § 73.202 [Amended] FEDERAL COMMUNICATIONS filing comments with the FCC, 2. Section 73.202(b), the Table of FM COMMISSION interested parties should serve the Allotments under Arkansas, is amended petitioner, his counsel, or consultant, as by removing Magnolia, Channel 300C1. 47 CFR Part 73 follows: Columbia Broadcasting 3. Section 73.202(b), the Table of FM Company, Inc. c/o Mark N. Lipp, J. Allotments under Louisiana, is [DA 02–1812: MB Docket Nos. 02–198, 02– Thomas Nolan, Shook, Hardy & Bacon, amended by adding Oil City, Channel 199; RM–10513, RM–10514] 600 14th Street, NW., Suite 800, 300C2. Washington, DC 20005; Apex Radio Broadcasting Services; 4. Section 73.202(b), the Table of FM Broadcasting, Inc., c/o Erwin G. Magnolia, AR and Oil City, LA; Hilton Allotments under South Carolina is Krasnow, Mark N. Lipp, J. Thomas amended by adding Hollywood, Head Island, Hollywood and Port Nolan, Shook, Hardy & Bacon, 600 14th Royal, SC. Channel 259C, by removing Channel Street, NW., Suite 800, Washington, DC 300C2 at Hilton Head Island, and by AGENCY: Federal Communications 20005; and Monterey Licenses, LLC, removing Channel 259C and adding Commission. David D. Oxenford, Shaw Pittman LLP, Channel 300C2 at Port Royal. 2300 N Street, NW., Washington, DC ACTION: Proposed rule. Federal Communications Commission. 20037. John A. Karousos, SUMMARY: The Commission seeks FOR FURTHER INFORMATION CONTACT: Assistant Chief, Audio Division, Media comment on proposals in two separate Victoria M. McCauley, Mass Media Bureau. docketed proceedings in a multiple Bureau, (202) 418–2180. [FR Doc. 02–20923 Filed 8–16–02; 8:45 am] docket Notice of Proposed Rule Making. SUPPLEMENTARY INFORMATION: This is a BILLING CODE 6712–01–P The first, jointly filed by Apex synopsis of the Commission’s Notice of Broadcasting, Inc., and Monterey Proposed Rule Making, MB Docket Nos. Licenses, LLC, proposes to reallot 02–198, and 02–199, adopted July 17, DEPARTMENT OF COMMERCE Channel 259C from Port Royal to 2002, and released August 2, 2002. The Hollywood, South Carolina, as the full text of this document is available for National Oceanic and Atmospheric community’s first local aural public inspection and copying during Administration transmission service and modify the regular business hours at the FCC license of Station WJZX(FM) to reflect Reference Information Center, Portals II, 50 CFR Part 622 the new community, and reallot 445 12th Street, SW., Room CY–A257, Channel 300C2 from Hilton Head Island Washington, DC 20554. This document [I.D. 080502E] to Port Royal to retain Port Royal’s sole may also be purchased from the Fisheries of the Caribbean, Gulf of local aural transmission service and Commission’s duplicating contractor, Mexico, and South Atlantic; Proposed modify the license of Station Qualex International, Portals II, 445 Amendment 13 to the Fishery WLOW(FM) to reflect the new 12th Street, SW., Room CY–B402, Management Plan (FMP) for the Shrimp community. Channel 259C can be Washington, DC 20554, telephone 202– Fishery of the Gulf of Mexico; Scoping reallotted from Port Royal to Hollywood 863–2893, facsimile 202–863–2898, or Meetings at Station WJZX(FM)’s current via e-mail [email protected]. The transmitter site 41.2 km (25.6 miles) Provisions of the Regulatory Flexibility AGENCY: National Marine Fisheries southwest of the community at Act of 1980 do not apply to this Service (NMFS), National Oceanic and coordinates 32–25–10 NL and 80–28–30 proceeding. Members of the public Atmospheric Administration (NOAA), WL. Channel 300C2 can be reallotted should note that from the time a Notice Commerce. from Hilton Head Island to Port Royal of Proposed Rule Making is issued until ACTION: Notice of intent to prepare a at Station WLOW(FM)’s current the matter is no longer subject to draft supplemental environmental transmitter site 22.3 km (13.9 miles) Commission consideration or court impact statement (DSEIS) and notice of southwest of the community at review, all ex parte contacts are scoping meetings; request for comments. coordinates 32–13–36 NL and 80–50–53 prohibited in Commission proceedings, WL. The second, filed by Columbia such as this one, which involve channel SUMMARY: The Gulf of Mexico Fishery Broadcasting Company, Inc., Substitute allotments. See 47 CFR 1.1204(b) for Management Council (Council) intends Channel 300C2 for 300C1 at Magnolia, rules governing permissible ex parte to prepare a DSEIS to describe and Arkansas and reallot Channel 300C2 contacts. analyze management alternatives from Magnolia to Oil City, Louisiana, as For information regarding proper associated with proposed Amendment the community’s first local transmission filing procedures for comments, see 47 13 to the FMP for the Shrimp Fishery of service, and modify Station KVMA’s CFR 1.415 and 1.420. the Gulf of Mexico. authorization to specify Oil City as the Amendment 13 would establish stock community of license. Channel 300C2 List of Subjects in 47 CFR Part 73 status determination criteria for can be reallotted from Magnolia to Oil Radio, Radio broadcasting. managed shrimp stocks in the Gulf. The City at petitioner’s proposed site 27.6 For the reasons discussed in the Amendment may also include, but kilometers (17.1 miles) northeast of the preamble, the Federal Communications would not be limited to, alternatives
VerDate Aug<2,>2002 16:58 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 E:\FR\FM\19AUP1.SGM pfrm17 PsN: 19AUP1 53770 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Proposed Rules
related to adding rock shrimp to the The Council has established some Highway, Kenner, LA; telephone: 504– management unit of the shrimp FMP, relatively large permanently and 469–5000; requiring endorsements for vessels seasonally closed areas to shrimp 5. Tuesday, September 24, 2002: Isle harvesting rock shrimp and royal red trawling, namely the Tortugas Shrimp of Capri Casino Hotel, 151 Beach shrimp in the exclusive economic zone Sanctuary and the cooperative Texas Boulevard, Biloxi, MS; telephone: 228– (EEZ) of the Gulf of Mexico, requiring Closure. To enhance enforcement of 436–8720; vessel monitoring systems (VMS) aboard these closures and with the intent to 6. Wednesday, September 25, 2002: shrimp trawl vessels fishing in or collect better effort data from the shrimp Adams Mark Hotel, 64 South Water transiting all or some portions of the fishery, the Council may also consider Street, Mobile, AL; telephone: 251–438– Gulf of Mexico EEZ, improving bycatch through Amendment 13, requiring the 4000; reporting, and further reducing bycatch use of VMS on shrimp vessels in at least 7. Tuesday, October 1, 2002: Franklin in the shrimp fishery. some portion of the EEZ during some County Courthouse, 33 Market Street, The purpose of this notice of intent is closure period. Apalachicola, FL; telephone: 850–653– to solicit public comments on the scope Section 303 (a)(11) of the Magnuson- 8861; and of issues to be addressed in the DSEIS, Stevens Act requires the Council to 8. Wednesday, October 2, 2002: Tampa Airport Hilton, 2225 Lois which will be submitted to NMFS for establish a standardized bycatch Avenue, Tampa, FL; telephone: 813– filing with the Environmental Protection reporting methodology to determine the 877–6688. Agency (EPA) for publication of a notice type and amount of bycatch occurring in of availability for public comment. All scoping meetings will begin at 6 the shrimp fishery. The Council has pm. The first portion of each meeting DATES: Written comments on the scope proposed such a methodology under of issues to be addressed in the DSEIS will be allocated to taking public Amendment 10 to the FMP for the comments on proposed Amendment 13. must be received by the Council by Shrimp Fishery of the Gulf of Mexico. September 18, 2002. A series of scoping Immediately following the conclusion of However, through Amendment 13, the public comments on Amendment 13, meetings will be held late August Council may consider ways to improve through early October 2002. See the Council will take public comments that reporting methodology. on the DSEIS being developed to SUPPLEMENTARY INFORMATION for specific Amendment 13 may also consider dates and times. support the Draft Red Snapper additional measures to reduce bycatch Rebuilding Amendment. The notice of ADDRESSES: Written comments on the in the shrimp fishery to the extent intent for that action can be found at scope of the DSEIS and requests for practicable and to reduce the mortality Notice I.D. 080502D published in the additional information on proposed of bycatch that cannot be avoided, as Notices section of this issue of the Amendment 13 should be sent to the required by Section 303 (a)(11) of the Gulf of Mexico Fishery Management Federal Register, and contains Magnuson-Stevens Act. information on the scope of issues and Council, The Commons at Rivergate, Other management alternatives that 3018 U.S. Highway 301 North, Suite alternatives that will be considered in may be considered in Amendment 13 the Draft Red Snapper Rebuilding 1000, Tampa, Florida 33619; telephone: include adding rock shrimp to the 813–228–2815; fax: 813–225–7015. Amendment, which will establish a red management unit of the shrimp FMP, snapper rebuilding plan based on Comments may also be sent by e-mail to and requiring endorsements for vessels [email protected]. biomass-based stock rebuilding targets harvesting rock shrimp and royal red and thresholds. Eight scoping meetings will be held shrimp in the EEZ of the Gulf of Mexico. throughout the Gulf, in the states of All meetings will be physically The Council will develop a DSEIS to accessible to people with disabilities. Texas, Louisiana, Mississippi, Alabama describe and analyze management and Florida. See SUPPLEMENTARY Requests for sign language alternatives considered in proposed interpretation or other auxiliary aids INFORMATION for the specific locations, Amendment 13. In addition to the dates, and times of those meetings. should be directed to Dr. Richard Leard management measures described above, at the Council (see ADDRESSES). FOR FURTHER INFORMATION CONTACT: Dr. the DSEIS will evaluate, as needed, Once the Council completes the Richard Leard; phone: 813–228–2815; additional management measures to DSEIS associated with Amendment 13, fax: 813–225–7015; e-mail: address problems or issues that are it will submit the document to NMFS [email protected] or Dr. Steve identified during the scoping process. for filing with the EPA. The EPA will Branstetter; phone: 727–570–5305; fax: Written comments on the range of publish a notice of availability of the 727–570–5583; e-mail: alternatives and scope of issues to be DSEIS for public comment in the [email protected]. addressed in the DSEIS may be sent to Federal Register. The DSEIS will have SUPPLEMENTARY INFORMATION: The the Council (see ADDRESSES). The a 45–day comment period. This Magnuson-Stevens Fishery Council has scheduled the following procedure is pursuant to regulations Conservation and Management Act eight scoping meetings to provide the issued by the Council on Environmental (Magnuson-Stevens Act) requires the opportunity for additional public input: Quality (CEQ) for implementing the Council to establish stock status 1. Monday, August 26, 2002: Four procedural provisions of the National determination criteria for all managed Points Sheraton, 3777 North Environmental Policy Act (NEPA; 40 stocks. The Council submitted proxy Expressway, Brownsville, TX; CFR parts 1500–1508) and to NOAA’s definitions for these parameters as part telephone: 956–547–1500; Administrative Order 216–6 regarding of its Generic Sustainable Fisheries Act 2. Tuesday, August 27, 2002: Palacios NOAA’s compliance with NEPA and the Amendment in 1999. However, NMFS Recreation Center, 2401 Perryman, CEQ regulations. approved only the definitions of the Palacios, TX; telephone: 361–972–2387; The Council will consider public overfished conditions. Consequently, 3. Wednesday, August 28, 2002: San comments received on the DSEIS in through proposed Amendment 13, the Luis Resort, 5222 Seawall Boulevard, developing the final supplemental Council would revise the remaining Galveston Island, TX; telephone: 409– environmental impact statement (FSEIS) stock status determination criteria for 744–1500; and before adopting final management managed shrimp stocks in the Gulf of 4. Monday, September 23, 2002: New measures for Amendment 13. The Mexico. Orleans Airport Hilton, 901 Airline Council will submit both the final
VerDate Aug<2,>2002 16:58 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 E:\FR\FM\19AUP1.SGM pfrm17 PsN: 19AUP1 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Proposed Rules 53771
Amendment and the supporting FSEIS biomass-based stock rebuilding targets needs of fishing communities. The to NMFS for Secretarial review, and thresholds. The red snapper DSEIS will also consider various approval, and implementation under the rebuilding plan will be implemented alternatives to achieve the rebuilding Magnuson-Stevens Act. through an amendment to the FMP for goal based on a constant catch scenario NMFS will announce, through a the Reef Fish Resources of the Gulf of and/or a constant fishing mortality rate notice published in the Federal Mexico. The purpose of this notice of scenario. Register, the availability of the final intent is to solicit public comments on In an earlier version of the Draft Red Amendment 13 for public review during the scope of issues to be addressed in Snapper Rebuilding Amendment (Draft the Secretarial review period. During the DSEIS, which will be submitted to Regulatory Amendment to the Reef Fish Secretarial review, the NMFS will also NMFS for filing with the Environmental FMP to Set a Red Snapper Rebuilding file the FSEIS with the EPA for a final Protection Agency (EPA) for publication Plan through 2032), the Council 30–day public comment period. This of a notice of availability for public proposed a 31–year stepwise rebuilding comment period will be concurrent with comment. strategy based on a combination of the the Secretarial review period and will DATES: Written comments on the scope constant catch and constant fishing end prior to final agency action to of issues to be addressed in the DSEIS mortality rate scenarios. That rebuilding approve, disapprove, or partially must be received by the Council by strategy would maintain the current approve Amendment 13. September 18, 2002. A series of scoping total allowable catch (TAC) quota set at NMFS will announce, through a meetings will be held late August 9.12 million lb (4.14 kg) under a notice published in the Federal through early October 2002. See constant catch scenario for years 2001– Register, all public comment periods on SUPPLEMENTARY INFORMATION for specific 2005, with a minimum 40–percent the final Amendment 13, its proposed dates and times. bycatch reduction requirement. implementing regulations, and its Thereafter, the rebuilding plan would associated FSEIS. NMFS will consider ADDRESSES: Written comments on the shift to a constant fishing mortality rate all public comments received during the scope of the DSEIS and requests for strategy. In addition to annual Secretarial review period, whether they additional information on the Draft Red monitoring to ensure quota compliance, are on the final Amendment, the Snapper Rebuilding Amendment should the status of the stock would be proposed regulations, or the FSEIS, be sent to the Gulf of Mexico Fishery reviewed every 5 years to evaluate the prior to final agency action. Management Council, The Commons at Rivergate, 3018 U.S. Highway 301 need for additional management Dated: August 14, 2002. North, Suite 1000, Tampa, FL 33619; measures. That strategy will be Virginia M. Fay, telephone: 813–228–2815; fax: 813– considered in the Draft Red Snapper Acting Director, Office of Sustainable 225–7015. Comments may also be sent Rebuilding Amendment, as will other Fisheries, National Marine Fisheries Service. by e-mail to strategies that may require immediate [FR Doc. 02–21023 Filed 8–16–02; 8:45 am] [email protected]. adjustments to existing management BILLING CODE 3510–22–S Eight scoping meetings will be held measures. throughout the Gulf, in the states of Management alternatives considered Texas, Louisiana, Mississippi, Alabama by the Council could include, but would DEPARTMENT OF COMMERCE and Florida. See SUPPLEMENTARY not be limited to, adjustments to red INFORMATION for the specific locations, snapper TAC quotas, minimum size National Oceanic and Atmospheric dates, and times of those meetings. Administration limits, and bag limits, and changes to FOR FURTHER INFORMATION CONTACT: existing bycatch reduction requirements Peter Hood; phone: 813–228–2815; fax: 50 CFR Part 622 in the Gulf of Mexico shrimp fishery. 813–225–7015; e-mail: Written comments on the range of [I.D. 080502D] [email protected] or Phil alternatives and scope of issues to be Steele; phone: 727–570–5305; fax: 727– addressed in the DSEIS may be sent to Fisheries of the Caribbean, Gulf of 570–5583; e-mail: [email protected]. the Council (see ADDRESSES). The Mexico, and South Atlantic; Reef Fish SUPPLEMENTARY INFORMATION: The Council has scheduled the following Resources of the Gulf of Mexico; Draft Council is preparing to amend the FMP eight scoping meetings to provide the Amendment to the Fishery for the Reef Fish Resources of the Gulf opportunity for additional public input: Management Plan (FMP) for the Reef of Mexico to establish a red snapper 1. Monday, August 26, 2002: Four Fish Resources of the Gulf of Mexico rebuilding plan that is based on to Establish a Red Snapper Rebuilding Points Sheraton, 3777 North biomass-based stock rebuilding targets Expressway, Brownsville, TX (956–547– Plan (Draft Red Snapper Rebuilding and thresholds. The Council will Amendment); Scoping Meetings 1500); develop a DSEIS to describe and analyze 2. Tuesday, August 27, 2002: Palacios AGENCY: National Marine Fisheries management alternatives considered in Recreation Center, 2401 Perryman, Service (NMFS), National Oceanic and the Draft Red Snapper Rebuilding Palacios, TX (361–972–2387); Amendment. Atmospheric Administration (NOAA), 3. Wednesday, August 28, 2002: San Commerce. The DSEIS will evaluate biomass- based stock rebuilding targets and Luis Resort, 5222 Seawall Boulevard, ACTION: Notice of intent to prepare a Galveston Island, TX (409–744–1500); draft supplemental environmental thresholds, and will consider various rebuilding schedules, consistent with 4. Monday, September 23, 2002: New impact statement (DSEIS); notice of Orleans Airport Hilton, 901 Airline scoping meetings; request for comments. the legal mandate provided by Section 304(e)(4) of the Magnuson-Stevens Highway, Kenner, LA (504–469–5000); SUMMARY: The Gulf of Mexico Fishery Fishery Conservation and Management 5. Tuesday, September 24, 2002: Isle Management Council (Council) intends Act (Magnuson-Stevens Act) to rebuild of Capri Casino Hotel, 151 Beach to prepare a DSEIS to describe and overfished stocks in as short a time Boulevard, Biloxi, MS (228–436–8720); analyze management alternatives period as possible, taking into account 6. Wednesday, September 25, 2002: associated with establishing a red other factors, including the status and Adams Mark Hotel, 64 South Water snapper rebuilding plan based on biology of the overfished stock and the Street, Mobile, AL (251–438–4000);
VerDate Aug<2,>2002 16:58 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 E:\FR\FM\19AUP1.SGM pfrm17 PsN: 19AUP1 53772 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Proposed Rules
7. Tuesday, October 1, 2002: Franklin comments on proposed Amendment 13. Secretary of Commerce review, County Courthouse, 33 Market Street, Scoping for the Draft Red Snapper approval, and implementation under the Apalachicola, FL (850–653–8861); and Rebuilding Amendment will commence Magnuson-Stevens Act. 8. Wednesday, October 2, 2002: immediately following the conclusion of NMFS will announce, through a Tampa Airport Hilton, 2225 Lois public comments on Amendment 13. notice published in the Federal Avenue, Tampa, FL (813–877–6688). The meetings will be physically Register, the availability of the final Red At these scoping meetings, the accessible to people with disabilities. Snapper Rebuilding Amendment for Council will also take public comments Requests for sign language public review during the Secretarial on the DSEIS being developed to interpretation or other auxiliary aids review period. During Secretarial support proposed Amendment 13 to the should be directed to Peter Hood at the FMP for the Shrimp Fishery of the Gulf review, NMFS will also file the FSEIS Council (see ADDRESSES). with the EPA for a final 30–day public of Mexico (Amendment 13). The notice Once the Council completes the comment period. This comment period of intent for that action can be found at DSEIS associated with the Draft Red will be concurrent with the Secretarial Notice I.D. 080502E published in the Snapper Rebuilding Amendment, it will review period and will end prior to final Notices section of this issue of the submit the document to NMFS for filing agency action to approve, disapprove, or Federal Register, and contains more with the EPA. The EPA will publish a partially approve the final Red Snapper information on the purpose and scope of notice of availability of the DSEIS for Amendment 13, which would establish public comment in the Federal Register. Rebuilding Amendment. stock status determination criteria for The DSEIS will have a 45–day comment NMFS will announce, through a managed shrimp stocks in the Gulf. period. This procedure is pursuant to notice published in the Federal Amendment 13 may also include, but regulations issued by the Council on Register, all public comment periods on would not be limited to, alternatives Environmental Quality (CEQ) for the final Red Snapper Rebuilding related to: (1) adding rock shrimp to the implementing the procedural provisions Amendment, its proposed implementing management unit of the shrimp FMP, (2) of the National Environmental Policy regulations, and its associated FSEIS. requiring endorsements for vessels Act (NEPA; 40 CFR parts 1500–1508) NMFS will consider all public harvesting rock shrimp and royal red and to NOAA’s Administrative Order comments received during the public shrimp in the exclusive economic zone 216–6 regarding NOAA’s compliance comment periods, whether they are on (EEZ) of the Gulf of Mexico, (3) with NEPA and the CEQ regulations. the final Amendment, the proposed requiring vessel monitoring systems The Council will consider public regulations, or the FSEIS, prior to final aboard shrimp trawl vessels fishing in comments received on the DSEIS in agency action. developing the final supplemental or transiting all or some portions of the Dated: August 14, 2002. Gulf of Mexico EEZ, (4) improving environmental impact statement (FSEIS) bycatch reporting, and (5) further and before adopting final management Virginia M. Fay, reducing bycatch in the shrimp fishery. measures for the Red Snapper Acting Director, Office of Sustainable All scoping meetings will begin at 6 Rebuilding Amendment. The Council Fisheries, NationalMarine Fisheries Service. p.m. The first portion of each meeting will submit both the final Amendment [FR Doc. 02–21024 Filed 8–16–02; 8:45 am] will be allocated to taking public and the supporting FSEIS to NMFS for BILLING CODE 3510–22–S
VerDate Aug<2,>2002 16:58 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 E:\FR\FM\19AUP1.SGM pfrm17 PsN: 19AUP1 53773
Notices Federal Register Vol. 67, No. 160
Monday, August 19, 2002
This section of the FEDERAL REGISTER Day River riparian zone would be Ranger District, PO Box 1410, Oakridge, contains documents other than rules or excluded from livestock grazing (to Oregon 97463, phone 541–782–2283. proposed rules that are applicable to the reduce potential effects to aquatic public. Notices of hearings and investigations, Dated: July 26, 2002. species). The revised proposed action Rick Scott, committee meetings, agency decisions and no longer involves eradication of rulings, delegations of authority, filing of District Ranger. petitions and applications and agency noxious weeds. This activity will be analyzed in a Region 6 EIS and has been [FR Doc. 02–20943 Filed 8–16–02; 8:45 am] statements of organization and functions are BILLING CODE 3410–11–M examples of documents appearing in this analyzed in a Malheur National Forest section. Environmental Assessment. Additionally, 5,m000 acres of DEPARTMENT OF AGRICULTURE prescribed burning to improve forage DEPARTMENT OF AGRICULTURE production and some fence and Forest Service cattleguard construction has already Forest Service been completed and will no longer be TwoBee Landscape Management included in the revised proposed action. Project, Willamette National Forest, Middle Fork John Day Range Planning Management actions are planned to be Linn County, OR on the Blue Mountain and Prairie City implemented beginning in the year Ranger Districts; Malheur National 2004. The revised date of filing the draft AGENCY: Forest Service, USDA. Forest; Grant Count, OR EIS is January 2003, and the revised ACTION: Cancellation notice. AGENCY: Forest Service, USDA. date of filing the final EIS is June 2003. SUMMARY: June 29, 1999, a Notice of ACTION: Revised notice of intent to DATES: Comments concerning the scope Intent (NOI) to prepare an prepare an environmental impact of this revised analysis should be environmental impact statement for the statement. received in writing by September 16, TwoBee Landscape Management Project 2002. on the McKenzie River Ranger District SUMMARY: On February 25, 1999, the ADDRESSES: Send written comments to of the Willamette National Forest was USDA Forest Service published a Notice the Forest Supervisor, Malheur National published in the Federal Register (64 of Intent (NOI) in the Federal Register Forest, 431 Patterson Bridge Road, PO FR 34769). The 1999 NOI is hereby (64 FR 9305) to prepare an Box 909, John Day, Oregon 97845. rescinded. environmental impact statement (EIS) to FOR FURTHER INFORMATION CONTACT: Ken FOR FURTHER INFORMATION CONTACT: update range management planning on Al Scheutz, Interdisciplinary Team Leader, 8 livestock grazing allotments which Brown, TwoBee Project Leader, Malheur National Forest, 431 Patterson will result in the development of new McKenzie River Ranger District, 57600 Bridge Road, PO Box 909, John Day, Allotment Management Plans (AMPs). McKenzie Highway, McKenzie Bridge, Oregon 97845, phone: (541) 575–3000, The Forest Service is revising the name Oregon 97413, phone 541–822–3381. or TTD: (541) 575–3089. of the analysis, the proposed action, the Dated: July 29, 2002. dates the EIS is expected to be available Dated: August 12, 2002. John Allen, for public review and comment, and the Robert W. Williams, District Ranger. release of the final EIS. Acting Forest Supervisor. [FR Doc. 02–20944 Filed 8–16–02; 8:45 am] The revised NOI changes the name of [FR Doc. 02–20946 Filed 8–16–02; 8:45 am] BILLING CODE 3410–11–M this project to reflect an official change BILLING CODE 3410–11–M in Ranger District names. The new project name replaces Long Creek/Bear DEPARTMENT OF AGRICULTURE Valley Ranger District with Blue DEPARTMENT OF AGRICULTURE Mountain Ranger District. The revised Forest Service proposed action includes constructing Forest Service or reconstructing 12 additional water Wolfmann Projects, Willamette Chalk Creek Timber Sales, Willamette developments and 31 additional miles National Forest, Lane County, OR National Forest, Lane County, OR of fence across the project area. It also AGENCY: Forest Service, USDA. added repairing an irrigation ditch and AGENCY: Forest Service, USDA. ACTION: Cancellation notice. relocating unit fences in Camp Creek ACTION: Cancellation notice. allotment. The revised proposed action SUMMARY: October 14, 1998, a Notice of would adjust three allotments in the SUMMARY: On July 28, 1999, a Notice of Intent (NOI) to prepare an following ways—the number of units in Intent (NOI) to prepare an environmental impact statement for the the Lower Middle Fork allotment would environmental impact statement for the Wolfmann Projects on the Blue River be increased from five to seven units; Chalk Creek Timber Sales on the Middle Ranger District of the Willamette the Austin allotment would be Fork Ranger District of the Willamette National Forest, was published in the incorporated into the Upper Middle National Forest, was published in the Federal Register (63 FR 55085). The Fork Allotment and used as a holding/ Federal Register (64 FR 40813). The 1998 NOI is hereby rescinded. gathering pasture (rather than 1999 NOI is hereby rescinded. FOR FURTHER INFORMATION CONTACT: eliminated and fences removed); in FOR FURTHER INFORMATION CONTACT: Cheryl Friesen, Project Leader, addition, 80 acres of the Austin Kristie Miller, Planning Resource McKenzie River Ranger District Allotment within the Middle Fork John Management Assistant, Middle Fork (formerly Blue River Ranger District),
VerDate Aug<2,>2002 13:32 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 E:\FR\FM\19AUN1.SGM pfrm15 PsN: 19AUN1 53774 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Notices
McKenzie Bridge, Oregon 97413, phone Type of Request: Revision of a DEPARTMENT OF COMMERCE 541–822–3381. currently approved collection. International Trade Administration Dated: July 29, 2002. Burden: 3,456 hours. John Allen, Number of Respondents: 69,120. [A–570–803] District Ranger, McKenzie River Ranger Avg Hours Per Response: 3 minutes. District. Heavy Forged Hand Tools from the Needs and Uses: The purpose of this [FR Doc. 02–20945 Filed 8–16–02; 8:45 am] People’s Republic of China: Extension request for review is to obtain clearance of Time Limit for Final Results of BILLING CODE 3410–11–M for the collection of demographic Antidumping Duty Administrative information in the Housing Vacancy Review Survey (HVS) beginning in December DEPARTMENT OF AGRICULTURE 2002. The current clearance expires AGENCY: Import Administration, International Trade Administration, Forest Service November 30, 2002. We collect the HVS data for a sample Department of Commerce. Deschutes and Ochoco National of vacant housing units identified in the EFFECTIVE DATE: August 19, 2002. Forests Resource Advisory Committee monthly Current Population Survey FOR FURTHER INFORMATION CONTACT: (CPS) sample and provide the only Thomas Martin at (202) 482–3936, AD/ AGENCY: Forest Service, USDA. quarterly and annual statistics on rental CVD Enforcement, Office 4, Group II, ACTION: Notice of meeting. vacancy rates, home ownership rates for Import Administration, International the United States, the four census Trade Administration, U.S. Department SUMMARY: The Deschutes and Ochoco regions, inside vs. outside metropolitan of Commerce, 14th Street and National Forests Resource Advisory areas (MAs), the 50 States, the District Constitution Ave, NW, Washington, DC Committee will meet on Monday, of Columbia, and the 75 largest Mas. 20230. September 23, 2002 at the Central Information is collected from SUPPLEMENTARY INFORMATION: Oregon Intergovernmental Council homeowners, realtors, landlords, rental building, main conference room, 2363 TIME LIMITS: agents, neighbors or other SW Glacier Place, Redmond, Oregon. knowledgeable persons. Private and Background The meeting will begin at 9 a.m. and public sector organizations use these continue until 5 p.m. Committee On March 16, 2001, the Department rates extensively to gauge and analyze members will review projects proposed published a notice of initiation of the housing market with regard to and make recommendations under administrative reviews of the supply, cost, and afford ability at Resource Advisory Committee antidumping duty orders on heavy various points in time. In addition, the consideration under Title II of the forged hand tools from the People’s rental vacancy rate is a component of Secure Rural Schools and Community Republic of China, covering the period the leading economic indicators, Self-Determination Act of 2000. All February 1, 2000 through January 31, published by the Department of Deschutes and Ochoco National Forests 2001 (66 FR 16037). The preliminary Commerce. Resource Advisory Committee meetings results were published on March 6, are open to the public. Interested Affected Public: Individuals or 2002, and in those preliminary results citizens are welcome to attend. households. we extended the time limit for the final results until no later than August 27, FOR FURTHER INFORMATION CONTACT: Frequency: Monthly. Direct questions regarding this meeting Respondent’s Obligation: Voluntary. 2002, 174 days after the date of publication of the preliminary results. to Leslie Weldon, Designated Federal Legal Authority: Title 13 U.S.C., Official, USDA, Deschutes National Section 182. Extension of Time Limit for Final Forest, 1645 Highway 20 East, Bend, OMB Desk Officer: Susan Schechter, Results of Review Oregon 97701, 541–383–5512. (202) 395–5103. Section 751(a)(3)(A) of the Tariff Act Dated: August 13, 2002. Copies of the above information of 1930, as amended (the Act), requires Leslie A.C. Weldon, collection proposal can be obtained by the Department to complete its final Forest Supervisor, Deschutes National Forest. calling or writing Madeleine Clayton, results within 120 days after the date on [FR Doc. 02–20942 Filed 8–16–02; 8:45 am] Departmental Paperwork Clearance which the preliminary results were BILLING CODE 3410–11–M Officer, (202) 482–3129, Department of published. However, the Department Commerce, room 6608, 14th and may extend the deadline for completion Constitution Avenue, NW., Washington, of an administrative review if it determines that it is not practicable to DEPARTMENT OF COMMERCE DC 20230 (or via the Internet at [email protected]). complete the review within the Submission for OMB Review; Written comments and statutory time limit. Section 751(a)(3)(A) Comment Request recommendations for the proposed of the Act allows the Department to information collection should be sent extend the deadline for completion of DOC has submitted to the Office of within 30 days of publication of this the final results to 180 days from the Management and Budget (OMB) for notice to Susan Schechter, OMB Desk date of publication of the preliminary clearance the following proposal for Officer, room 10201, New Executive results. As a result of the complex issues collection of information under the Office Building, Washington, DC 20503. involved, it is not practicable to provisions of the Paperwork Reduction complete these reviews by August 27, Act (44 U.S.C. chapter 35). Dated: August 13, 2002. 2002, and we are extending the time Agency: U.S. Census Bureau. Madeleine Clayton, limit to 180 days after the publication of Title: Housing Vacancy Survey. Departmental Paperwork Clearance Officer, the preliminary results. See Decision Form Number(s): CPS–263, HVS–600. Office of the Chief Information Officer. Memorandum from Holly Kuga to Agency Approval Number: 0607– [FR Doc. 02–20927 Filed 8–16–02; 8:45 am] Bernard T. Carreau, dated concurrently 0179. BILLING CODE 3510–07–P with this notice, which is on file in the
VerDate Aug<2,>2002 13:32 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 E:\FR\FM\19AUN1.SGM pfrm15 PsN: 19AUN1 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Notices 53775
Central Records Unit, Room B–099 of Commerce’s (‘‘the Department’s’’) questionnaire. Uday filed its response to the main Commerce building. regulations are to 19 CFR Part 351 (April Section D on May 1, 2002. Dated: August 13, 2002. 2001). We issued supplemental questionnaires to Uday and received Holly A. Kuga, Background responses in June and July 2002. Acting Deputy Assistant Secretary Import Administration, Group II. On July 25, 2001, the Department Scope of Review received a request from Uday [FR Doc. 02–21013 Filed 8–16–02; 8:45 am] Engineering Works (‘‘Uday’’) to conduct Imports covered by this review are BILLING CODE 3510–DS–S a new shipper administrative review of shipments of stainless steel bar (‘‘SSB’’). the antidumping duty order on stainless SSB means articles of stainless steel in straight lengths that have been either DEPARTMENT OF COMMERCE steel bar from India. On August 13, 2001, the Department requested that hot-rolled, forged, turned, cold-drawn, cold-rolled or otherwise cold-finished, International Trade Administration Uday remedy certain deficiencies in its request for a new shipper review. On or ground, having a uniform solid cross [A–533–810] August 21, 2001, Uday submitted a section along their whole length in the revised request for a new shipper shape of circles, segments of circles, Stainless Steel Bar from India: ovals, rectangles (including squares), Preliminary Results of New Shipper review. On August 31, 2001, the Department rejected Uday’s new triangles, hexagons, octagons, or other Antidumping Duty Administrative convex polygons. SSB includes cold- Review shipper request because of certain remaining deficiencies. Uday finished SSBs that are turned or ground AGENCY: Import Administration, appropriately amended its request for a in straight lengths, whether produced International Trade Administration, new shipper review on September 20, from hot-rolled bar or from straightened Department of Commerce. 2001. The Department published in the and cut rod or wire, and reinforcing bars that have indentations, ribs, grooves, or ACTION: Federal Register, on October 23, 2001, Notice of Preliminary Results of other deformations produced during the New Shipper Antidumping Duty a notice of initiation of a new shipper administrative review of Uday covering rolling process. Administrative Review: Stainless Steel Except as specified above, the term Bar from India. the period February 1 through July 31, 2001 (66 FR 53585). See 19 CFR does not include stainless steel semi- SUMMARY: In response to a request from 351.214(g)(1)(A). finished products, cut length flat-rolled products (i.e., cut length rolled products Uday Engineering Works, the On November 5, 2001, the Department which if less than 4.75 mm in thickness Department of Commerce is conducting issued an antidumping questionnaire to have a width measuring at least 10 times a new shipper administrative review of Uday. We received a response on the thickness, or if 4.75 mm or more in the antidumping duty order on stainless January 9, 2002. On February 5, 2002, thickness having a width which exceeds steel bar from India. This review covers the petitioners submitted an allegation 150 mm and measures at least twice the sales of the subject merchandise to the that Uday made sales below the cost of thickness), wire (i.e., cold-formed United States during the period production (‘‘COP’’). February 1 through July 31, 2001. products in coils, of any uniform solid On April 2, 2002, the Department cross section along their whole length, In these preliminary results, we find found that because of the complexity of that Uday Engineering Works made which do not conform to the definition the issues involved in this case it was of flat-rolled products), and angles, sales of subject merchandise below not practicable to complete the review normal value. The dumping margin is shapes and sections. in the time allotted, and we published The SSB subject to these orders is shown in the ‘‘Preliminary Results of an extension of time limit for the Review’’ section of this notice. If these currently classifiable under subheadings completion of the preliminary results of 7222.10.0005, 7222.10.0050, preliminary results are adopted in our this review to no later than August 13, final results, we will instruct the 7222.20.0005, 7222.20.0045, 2002, in accordance with section 7222.20.0075, and 7222.30.0000 of the Customs Service to assess antidumping 751(a)(2)(B) of the Act and 19 CFR duties. Harmonized Tariff Schedule of the 351.214(h)(2). See Stainless Steel Bar United States (‘‘HTSUS’’). Although the Interested parties are invited to from India; Notice of Extension of Time comment on these preliminary results. HTSUS subheadings are provided for Limit for Preliminary Results of convenience and customs purposes, our EFFECTIVE DATE: August 19, 2002. Antidumping Duty New Shipper Review, written description of the scope of this FOR FURTHER INFORMATION CONTACT: Cole 67 FR 16717 (April 8, 2002). order is dispositive. Kyle, Office 1, Import Administration, We found that the petitioners’ International Trade Administration, allegation provided a reasonable basis to Export Price U.S. Department of Commerce, 14th believe or suspect that sales by Uday in In calculating the price to the United Street and Constitution Avenue, N.W., the home market had been made at States, we used export price (‘‘EP’’), in Washington D.C. 20230; telephone (202) prices below the cost of production and accordance with section 772(a) of the 482–1503. initiated a sales below cost investigation Act, because the subject merchandise SUPPLEMENTARY INFORMATION: accordingly on April 16, 2002 (see was sold directly to the first unaffiliated memorandum from Team to Susan purchaser in the United States prior to Applicable Statute Kuhbach, Director, AD/CVD importation into the United States. We Unless otherwise indicated, all Enforcement Office 1, ‘‘Allegation of calculated EP based on the C&F price to citations to the Tariff Act of 1930, as Sales Below the Cost of Production for the United States. In accordance with amended (‘‘the Act’’), are references to Uday Engineering Works,’’ dated April section 772(c)(2) of the Act, we made the provisions effective January 1, 1995, 16, 2002 (‘‘Sales Below Cost deductions, as appropriate, for foreign the effective date of the amendments Memorandum’’)). Also, on April 16, inland freight and international freight. made to the Act by the Uruguay Round 2002, we requested that Uday respond In calculating the export price, we Agreements Act. In addition, all to the Section D cost of production relied upon the data submitted by Uday, references to the Department of section of the Department’s original except as noted below:
VerDate Aug<2,>2002 13:32 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 E:\FR\FM\19AUN1.SGM pfrm15 PsN: 19AUN1 53776 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Notices
a. We revised the reported gross unit and supplemental responses except that sales to constructed value (‘‘CV’’), in price to reflect the currency in which we revised Uday’s G&A and financial accordance with section 773(a)(4) of the the sale was made. expense rates to exclude packing and Act. b. We recalculated entered value selling expenses from the cost of goods based on the revised gross unit price. sold denominator (see Memorandum to 5. Calculation of Constructed Value c. We made an adjustment for bank Neal M. Halper ‘‘Cost of Production and Section 773(a)(4) of the Act provides charges not reported by Uday. Constructed Value Adjustments for that where NV cannot be based on home d. We revised Uday’s reported credit Preliminary Determination’’ dated market sales, NV may be based on CV. expenses to include a portion of the August 13, 2002). Accordingly, for Uday, when sales of credit period that was unaccounted for 3. Test of Home Market Prices comparison products could not be in Uday’s calculation. found, either because there were no e. We did not grant the duty drawback On a product-specific basis, we sales of a comparable product or all adjustment claimed by Uday. The compared the weighted-average COPs to sales of the comparable products failed Department grants a duty drawback home market sales of the foreign like adjustment when the respondent can product during the period of review the COP test, we based NV on CV. demonstrate that there is ‘‘(1) a (‘‘POR’’), as required under section In accordance with section 773(e)(1) sufficient link between the import duty 773(b) of the Act, in order to determine and (e)(2)(A) of the Act, we calculated and the rebate, and (2) a sufficient whether sales had been made at prices CV based on the sum of the cost of amount of raw materials imported and below the COP. The prices were materials and fabrication for the subject used in the production of the final exclusive of commissions and indirect merchandise, plus amounts for selling exported product’’ (see Certain Welded selling expenses, where appropriate. In expenses, G&A, including interest, Carbon Standard Steel Pipes and Tubes determining whether to disregard home profit and U.S. packing costs. We made from India, (62 FR 47632 at 47635) market sales made at prices below the the same adjustments to CV as described (September 10, 1997). In this instance, COP, we examined, in accordance with in the ‘‘Calculation of COP’’ section of Uday has failed to demonstrate that it sections 773(b)(1)(A) and (B) of the Act, this notice. In accordance with section meets the criteria for a duty drawback whether such sales were made (1) 773(e)(2)(A) of the Act, we based selling within an extended period of time in adjustment. expenses, G&A and profit on the substantial quantities, and (2) at prices For further discussion of the above- amounts incurred and realized by the which did not permit the recovery of mentioned changes, see Memorandum respondent in connection with the costs within a reasonable period of time. to Case File ‘‘Uday Engineering Works production and sale of the foreign like Preliminary Results Calculation 4. Results of the COP Test product in the ordinary course of trade Memorandum’’ (‘‘Calculation Pursuant to section 773(b)(1) of the for consumption in the foreign country. Memorandum’’) dated August 13, 2002, Act, where less than 20 percent of a which is on file in the Central Records 6. Calculation of Normal Value Based on respondent’s sales of a given product are Home Market Prices Unit (‘‘CRU’’) in room B–099 of the made at prices below the COP, we do main Department building. not disregard any below-cost sales of We calculated NV based on ex-factory Normal Value: that product because we determine that prices to unaffiliated customers in the in such instances the below-cost sales 1. Home Market Viability home market. We made adjustments for were not made in ‘‘substantial differences in costs attributable to In order to determine whether there is quantities.’’ Where 20 percent or more differences in the physical a sufficient volume of sales in the home of a respondent’s sales of a given characteristics of the merchandise in market to serve as a viable basis for product are at prices less than the COP, accordance with section 773(a)(6)(C)(ii) calculating NV (i.e., whether the we determine that in such instances the of the Act. We also deducted home aggregate volume of home market sales below-cost sales represent ‘‘substantial market packing costs and added U.S. of the foreign like product is equal to or quantities’’ within an extended period packing costs in accordance with greater than five percent of the aggregate of time in accordance with section sections 773(a)(6)(A) and (B) of the Act. volume of U.S. sales), we compared 773(b)(1)(A) of the Act. In such cases, In addition, we made adjustments under Uday’s volume of home market sales of we also determine whether such sales section 773(a)(6)(C)(iii) of the Act for the foreign like product to the volume are made at prices which would not differences in circumstances of sale for of U.S. sales of the subject merchandise, permit recovery of all costs within a imputed credit expenses, where in accordance with 773(a)(1)(C) of the reasonable period of time, in accordance appropriate. We calculated imputed Act. Because Uday’s aggregate volume with section 773(b)(1)(B) of the Act. If credit expenses where Uday did not of home market sales of the foreign like so, we disregard the below-cost sales. report them based on the time from product was greater than five percent of We found that, for certain specific when the merchandise was shipped to its aggregate volume of U.S. sales for the products, more than 20 percent of the receipt of payment (see Calculation subject merchandise, we determined Uday’s home market sales within an Memorandum). that the home market was viable. extended period of time were at prices less than the COP and did not provide 2. Calculation of COP 7. Calculation of Normal Value Based on for the recovery of costs. We therefore Constructed Value In accordance with section 773(b)(3) excluded these sales and used the of the Act, we calculated COP based on remaining above-cost sales, if any, as the For price-to-CV comparisons, we the sum of Uday’s cost of materials and basis for determining NV, in accordance made adjustments to CV in accordance fabrication for the foreign like product, with section 773(b)(1). with section 773(a)(8) of the Act. We plus amounts for general and For Uday’s sales of subject made adjustments to CV for differences administrative expenses (G&A), and merchandise for which there were no in circumstances of sale in accordance interest expenses, where appropriate. comparable home market sales in the with section 773(a)(6)(C)(iii) of the Act We relied on the COP information ordinary course of trade (e.g., sales that and 19 CFR 351.410. In addition, we provided by Uday in its questionnaire passed the cost test), we compared those added U.S. packing costs.
VerDate Aug<2,>2002 13:32 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\19AUN1.SGM pfrm15 PsN: 19AUN1 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Notices 53777
Preliminary Results of Review We preliminarily find the following weighted-average dumping margin:
Manufacturer/Exporter Period of Review Margin
Uday Engineering Works ...... 2/1/01 - 7/31/01 20.36 %
Upon completion of this new shipper Public Comment DEPARTMENT OF COMMERCE administrative review, the Department will instruct the Customs Service to Interested parties may request a International Trade Administration hearing within 30 days of the date of assess antidumping duties on all [A–588–702] appropriate entries covered by this publication of this notice. Any hearing, review if any importer-specific if requested, will be held two days after Notice of Rescission of Changed assessment rate calculated in the final the scheduled date for submission of Circumstances Antidumping Duty results of this review is above de rebuttal briefs (see below). Interested Administrative Review: Certain minimis (i.e., 0.50 percent or greater). parties may submit written arguments in Stainless Steel Butt-Weld Pipe and Accordingly, we have calculated case briefs within 30 days of the date of Tube Fittings from Japan importer-specific duty assessment rates publication of this notice. Rebuttal AGENCY: for the merchandise in question. The briefs, limited to issues raised in case Import Administration, assessment rate will be assessed briefs, may be filed no later than five International Trade Administration, Department of Commerce. uniformly on all entries of that days after the date of filing the case particular importer made during the briefs. Parties who submit briefs in these ACTION: Notice of Rescission of Changed POR. The Department will issue proceedings should provide a summary Circumstances Antidumping Duty Administrative Review. assesment instructions directly to the of the arguments not to exceed five Customs Service within 15 calendar pages and a table of statutes, DATES: EFFECTIVE DATE: August 19, days of the publication of the final regulations, and cases cited. Copies of 2002. results of review in the Federal case briefs and rebuttal briefs must be FOR FURTHER INFORMATION CONTACT: Register. served on interested parties in Jack accordance with 19 CFR 351.303(f)(3). K. Dulberger or Tom F. Futtner, AD/ Cash Deposit Rates CVD Enforcement, Group II, Office 4, The Department will issue the final Import Administration, International The following deposit requirements results of this administrative review Trade Administration, U.S. Department will be effective upon publication of the within 90 days from the issuance of of Commerce, 14th Street and final results of this new shipper these preliminary results. Constitution Avenue, NW, Washington, administrative review for all shipments DC 20230; telephone: (202) 482–5505 or of stainless steel bar from India entered, Notification to Importers (202) 482–3814, respectively. or withdrawn from warehouse, for consumption on or after the publication This notice also serves as a SUPPLEMENTARY INFORMATION: date, as provided for by section preliminary reminder to importers of The Applicable Statute and Regulations 751(a)(1) of the Act: (1) The cash deposit their responsibility under 19 CFR Unless otherwise indicated, all rate for the reviewed company will be 351.402(f) to file a certificate regarding citations to the Tariff Act of 1930, as the rate established in the final results the reimbursement of antidumping amended (the Act), are references to the of this review; (2) if the exporter is not duties prior to liquidation of the provisions effective January 1, 1995, the a firm covered in this review, but was relevant entries during this review effective date of the amendments made covered in a previous review or the period. Failure to comply with this to the Act by the Uruguay Round original less than fair value (‘‘LTFV’’) requirement could result in the Agreements Act (URAA). In addition, investigation, the cash deposit rate will Secretary’s presumption that unless otherwise indicated, all citations continue to be the company-specific rate reimbursement of antidumping duties to the Department’s regulations are to published for the most recent period; (3) occurred and the subsequent assessment the regulations at 19 CFR Part 351 if the exporter is not a firm covered in of doubled antidumping duties. (2002). this review, a previous review, or the This new shipper review and notice original LTFV investigation, but the Background are in accordance with sections manufacturer is, the cash deposit rate 751(a)(1) and 777(i)(1) of the Act. On March 25, 1988, the Department will be the rate established for the most published in the Federal Register an recent period for the manufacturer of Dated: August 13, 2002. antidumping order on Certain Stainless the merchandise; and (4) the cash Richard Moreland, Steel Butt-Weld Pipe and Tube Fittings deposit rate for all other manufacturers Acting Assistant Secretary for Import (SSPF) from Japan. See Antidumping and/or exporters of this merchandise, Administration. Duty Order of Sales at Less Than Fair shall be 12.45 percent, the ‘‘all others’’ [FR Doc. 02–21014 Filed 8–16–02; 8:45 am] Value: Certain Stainless Steel Butt-Weld rate established in the LTFV BILLING CODE 3510–DS–S Pipe and Tube Fittings from Japan, 53 investigation. (See 59 FR 66915, FR 9787. On April 19, 2002, Benex December 28, 1994). submitted a letter requesting that the These requirements, when imposed, Department conduct an expedited shall remain in effect until publication changed circumstances review, of the final results of the next pursuant to 19 CFR 351.216(e). On June administrative review. 3, 2002, the Department initiated a
VerDate Aug<2,>2002 13:32 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\19AUN1.SGM pfrm15 PsN: 19AUN1 53778 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Notices
changed circumstances review on Dated: August 13, 2002. concrete reinforcing bars from Turkey Certain Stainless Steel Butt-Weld Pipe Holly A. Kuga, on May 1, 2002 (67 FR 21634). The and Tube Fittings (SSPF) from Japan. Acting Deputy Assistant Secretary for Import current deadline for the final results in See Notice of Initiation of Changed Administration. this review is August 29, 2002. In Circumstances Antidumping Duty [FR Doc. 02–21015 Filed 8–16–02; 8:45 am] accordance with section 751(a)(3)(A) of Administrative Review: Certain BILLING CODE 3510–DS–S the Act, and 19 CFR 351.213(h)(2), the Stainless Steel Butt-Weld Pipe and Tube Department finds that it is not Fittings from Japan, 67 FR 39676. On practicable to complete the review July 24, 2002, Benex requested the DEPARTMENT OF COMMERCE within the original time frame due to the complexity of certain issues raised Department’s permission to withdraw International Trade Administration without prejudice its request for a in the case briefs. Because it is not practicable to changed circumstances review. [A–489–807] complete this administrative review Rescission of Changed Circumstances Certain Steel Concrete Reinforcing within the time limits mandated by Review Bars from Turkey; Notice of Extension section 751(a)(3)(A) of the Act and 19 of Time Limits for Final Results of CFR 351.213(h)(2), the Department is 19 CFR 351.213(d)(1) of the Antidumping Duty Administrative extending the time limits for completion Department’s regulations provides that Review of the final results of this administrative the Department will rescind an review until October 28, 2002. administrative review if a party that AGENCY: Import Administration, International Trade Administration, Dated: August 13, 2002. requested a review withdraws the Richard W. Moreland, request within ninety days of the date Department of Commerce. SUMMARY: The Department of Commerce Deputy Assistant Secretary for Import of publication of the notice of initiation Administration. of the requested review. The is extending the time limits for the final results in the antidumping duty [FR Doc. 02–21016 Filed 8–16–02; 8:45 am] Department’s rules regarding review administrative review of certain steel BILLING CODE 3510–DS–S withdrawals do not specifically concrete reinforcing bars from Turkey. reference changed circumstances The review covers three producers/ administrative reviews. In this case, exporters of the subject merchandise to DEPARTMENT OF COMMERCE Benex requested withdrawal of its the United States. The period of review International Trade Administration changed circumstances review within is April 1, 2000, through March 31, ninety days of the review being 2001. Environmental Technologies Trade initiated, the time period the Advisory Committee (ETTAC) Department generally considers EFFECTIVE DATE: August 19, 2002. reasonable for requesting the FOR FURTHER INFORMATION CONTACT: Irina AGENCY: International Trade withdrawal of administrative reviews. Itkin or Elizabeth Eastwood, Office of Administration, U.S. Department of Therefore, the Department has accepted AD/CVD Enforcement, Office 2, Import Commerce. Administration, International Trade Benex’s withdrawal request in this case ACTION: Notice of open meeting. as timely. Administration, U.S. Department of Commerce, 14th Street and Constitution Date: September 20, 2002. The Department is now rescinding Avenue, N.W., Washington, D.C. 20230; Time: 9 a.m. to 3:30 p.m. this changed circumstances telephone (202) 482–0656 and (202) Place: U.S. Department of Commerce, antidumping duty administrative 482–3874, respectively. 14th Street and Constitution Avenue, review. The U.S. Customs Service will SUPPLEMENTARY INFORMATION: NW., Washington, DC 20230, Room continue to suspend entries of subject 3407. Statutory Time Limits merchandise at the appropriate cash SUMMARY: The Environmental deposit rate for all entries of certain Section 751(a)(3)(A) of the Tariff Act Technologies Trade Advisory stainless steel butt-weld pipe and tube of 1930, as amended (the Act) requires Committee (ETTAC) will hold a plenary fittings from Japan. the Department of Commerce (the meeting on September 20, 2002 at the This notice also serves as a reminder Department) to make a final U.S. Department of Commerce. to parties subject to administrative determination within 120 days after the The ETTAC will discuss protective order (APO) of their date on which the preliminary administrative and trade issues and responsibility concerning the determination is published. However, if subcommittee work plans. Also, the disposition of proprietary information it is not practicable to complete the ETTAC will be briefed by the review within this time period, section Department’s Office of General Counsel disclosed under APO in accordance 751(a)(3)(A) of the Act allows the on ethics issues. Time will be permitted with 19 CFR 351.305(a)(3). Timely Department to extend the time limit for for public comment. The meeting is written notification of the return or the final results to 180 days (or 300 days open to the public. destruction of APO materials or if the Department does not extend the Written comments concerning ETTAC conversion to judicial protective order is time limit for the preliminary results) affairs are welcome anytime before or hereby requested. Failure to comply from the date of publication of the after the meeting. Minutes will be with the regulations and the terms of an preliminary results. available within 30 days of this meeting. APO is a sanctionable violation. The ETTAC is mandated by Public Postponement of Final Results of Law 103–392. It was created to advise This determination is issued and Administrative Review published in accordance with sections the U.S. government on environmental 751(a)(1) and 777(i)(1) of the Tariff Act The Department issued the trade policies and programs, and to help of 1930, as amended. preliminary results of this it to focus its resources on increasing administrative review of the the exports of the U.S. environmental antidumping duty order on certain steel industry. ETTAC operates as an
VerDate Aug<2,>2002 13:32 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\19AUN1.SGM pfrm15 PsN: 19AUN1 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Notices 53779
advisory committee to the Secretary of Commerce, telephone 202–482–3364, e- recommendations regarding general Commerce and the interagency mail [email protected]. policy for the Institute, its organization, Environmental Trade Working Group its budget, and its programs within the Health Care Technologies Trade (ETWG) of the Trade Promotion framework of applicable national Mission to Sweden, Denmark and Coordinating Committee (TPCC). policies as set forth by the President and Norway ETTAC was originally chartered in May the Congress. The agenda will include a of 1994. It was most recently rechartered March 17–21, 2003. NIST Update, an Overview of NRC until May 30, 2004. Recruitment closes on January 31, Board on Assessment FY 2002 For further information phone Corey 2003. Evaluation of NIST Labs, an Overview Wright, Office of Environmental For further information contact: Mr. of JILA and Tours of NIST technical Technologies Industries (ETI), Bill Kutson, U.S. Department of programs at JILA. Discussions International Trade Administration, Commerce, telephone 202–482–2839, e- scheduled to begin at 10:45 a.m. and to U.S. Department of Commerce at (202) mail [email protected]. end at 11:45 a.m. and to begin at 2:30 482–5225. This meeting is physically p.m. and end at 4 p.m., on September Automotive Parts and Service accessible to people with disabilities. 10, 2002, and to begin at 8:25 a.m. and Equipment Mission to Costa Rica, Requests for sign language to end at Noon on September 11, 2002, Guatemala and Panama interpretation or other auxiliary aids on strategic implications of near-term should be directed to ETI. June 1–7, 2003. budget, programmatic issues and Dated: July 26, 2002. Recruitment closes on April 18, 2003. facilities, responses to near-term Carlos F. Montoulieu, For further information contact: Ms. strategic environment for NIST, near- Jayne Woodward, U.S. Department of Director, Office of Environmental term strategic environment for peoples Technologies Industries. Commerce, telephone 803–253–3612, e- issues, and feedback sessions will be mail [email protected]. [FR Doc. 02–20958 Filed 8–16–02; 8:45 am] closed. All visitors to the National For further information contact: Mr. Institute of Standards and Technology BILLING CODE 3510–DR–P Thomas Nisbet, U.S. Department of site will have to pre-register to be Commerce, telephone 202–482–5657, or admitted. Please submit your name, _ DEPARTMENT OF COMMERCE e-mail Tom [email protected]. time of arrival, email address and phone Dated: August 13, 2002. number to Carolyn Peters no later than International Trade Administration Thomas H. Nisbet, Thursday, September 5, 2002, and she will provide you with instructions for Overseas Trade Missions Director, Export Promotion Coordination, Office of Planning, Coordination and admittance. Ms. Peter’s e-mail address is [email protected] and her phone AGENCY: International Trade Management. number is 301/975–5607. Administration, Department of [FR Doc. 02–20922 Filed 8–16–02; 8:45 am] DATES: The meeting will convene Commerce. BILLING CODE 3510–DR–P September 10, 2002 at 8:25 a.m. and ACTION: Notice. will adjourn at Noon on September 11, SUMMARY: The Department of Commerce DEPARTMENT OF COMMERCE 2002. invites U.S. companies to participate in ADDRESSES: The meeting will be held in the below listed overseas trade National Institute of Standards and the Radio Building, Room 1107 (seating missions. For a more complete Technology capacity 60, includes 35 participants), at description of each trade mission, NIST, Boulder, Colorado. Please note obtain a copy of the mission statement Visiting Committee on Advanced admittance instructions under SUMMARY from the Project Officer indicated for Technology paragraph. each mission below. Recruitment and AGENCY: National Institute of Standards FOR FURTHER INFORMATION CONTACT: selection of private sector participants and Technology, Department of Carolyn J. Peters, Visiting Committee on for these missions will be conducted Commerce. Advanced Technology, National according to the Statement of Policy ACTION: Institute of Standards and Technology, Governing Department of Commerce Notice of partially closed meeting. Gaithersburg, Maryland 20899–1004, Overseas Trade Missions dated March 3, telephone number (301) 975–5607. 1997. SUMMARY: Pursuant to the Federal SUPPLEMENTARY INFORMATION: The Automation and Energy Management Advisory Committee Act, 5 U.S.C. app. Assistant Secretary for Administration, Trade Mission to Belgium and Germany 2, notice is hereby given that the with the concurrence of the General Visiting Committee on Advanced Counsel, formally determined on October 21–25, 2002. Recruitment closes on October 1, Technology, National Institute of January 16, 2002, that portions of the 2002. Standards and Technology (NIST), will meeting of the Visiting Committee on For further information contact: Mr. meet Tuesday, September 10, 2002, Advanced Technology which involve Tony von der Muhll, U.S. Department of from 8:25 a.m. to 5:15 p.m. and discussion of proposed funding levels of Commerce, telephone 202–482–2390, e- Wednesday, September 11, 2002, from the Advanced Technology Program and mail [email protected]. 8:25 a.m. to Noon. The Visiting the Manufacturing Extension Committee on Advanced Technology is Partnership Program may be closed in Automotive Parts and Services Trade composed of twelve members appointed accordance with 5 U.S.C. 552b(c)(9)(B), Mission to Poland, Hungary and by the Director of NIST; who are because those portions of the meetings Slovakia eminent in such fields as business, will divulge matters the premature March 17–21, 2003. research, new product development, disclosure of which would be likely to Recruitment closes on January 31, engineering, labor, education, significantly frustrate implementation of 2003. management consulting, environment, proposed agency actions; and that For further information contact: Ms. and international relations. The purpose portions of meetings which involve Monica McFarlane, U.S. Department of of this meeting is to review and make discussion of the staffing issues of
VerDate Aug<2,>2002 17:07 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\19AUN1.SGM pfrm17 PsN: 19AUN1 53780 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Notices
management and other positions at Governing the Taking and Importing of 4700; phone (808)973–2935; fax NIST may be closed in accordance with Marine Mammals (50 CFR part 216). (808)973–2941; 5 U.S.C. 552b(c)(6), because divulging The permit authorizes the Holder to FOR FURTHER INFORMATION CONTACT: information discussed in those portions obtain up to ten sea lions and five seals, of the meetings is likely to reveal and maintain up to eight animals at Amy Sloan or Ruth Johnson, (301)713– information of a personal nature where Moss Landing Marine Laboratories for 2289. disclosure would constitute a clearly purposes of scientific research. Animals SUPPLEMENTARY INFORMATION: On August unwarranted invasion of personal may be obtained from rehabilitation 23, 2001, notice was published in the privacy. centers, Naval facilities, or aquaria. All Federal Register (66 FR 44333) that an Dated: August 13, 2002. research occurs through the cooperative amendment of Permit No. 455–1445, Arden L. Bement, Jr., assistance of trained animals. issued on May 26, 1998 (63 FR 30201), Physiology studies will be performed in Director. had been requested by the above-named captivity and free release settings in the organization. The requested amendment [FR Doc. 02–21020 Filed 8–16–02; 8:45 am] open ocean, off the California coast. has been granted under the authority of BILLING CODE 3510–13–P Aspects of diving, swimming, and resting physiology will be studied, the Marine Mammal Protection Act of including metabolism, heart rate, 1972, as amended (16 U.S.C. 1361 et DEPARTMENT OF COMMERCE respiratory rate, body temperature, and seq.), the Regulations Governing the Taking and Importing of Marine National Oceanic and Atmospheric substrate utilization. Veterinary Mammals (50 CFR part 216), the Administration medicine studies will investigate if marine mammals have Helicobacter Endangered Species Act of 1973, as [I.D. 080602F] present in stomach mucous and explore amended (ESA; 16 U.S.C. 1531 et seq.), possible antibiotic treatments. and the regulations governing the Marine Mammals; File No. 1021–1658 Dated: August 13, 2002. taking, importing, and exporting of endangered and threatened species (50 AGENCY: National Marine Fisheries Eugene T. Nitta, CFR 222–226). Service (NMFS), National Oceanic and Acting Chief, Permits, Conservation and Atmospheric Administration (NOAA), Education Division, Office of Protected Permit No. 455–1445–02, which Commerce. Resources, National Marine Fisheries Service. authorized the Waikiki Aquarium to ACTION: Issuance of permit. [FR Doc. 02–21021 Filed 8–16–02; 8:45 am] hold Hawaiian monk seals (Monachus BILLING CODE 3510–22–S schauinslandi) for the purpose of SUMMARY: Notice is hereby given that enhancing the survival and recovery of Jenifer A. Hurley, Ph.D., Moss Landing the species, has been amended to extend Marine Laboratories, 8272 Moss DEPARTMENT OF COMMERCE the scientific research portion of the Landing Road, Moss Landing, CA permit to the expiration date of June 30, National Oceanic and Atmospheric 95039, has been issued a permit to take 2003. The research involves studies on Administration California sea lions (Zalophus the efficiency with which the monk californianus) and harbor seals (Phoca [I.D. 070202A] seals assimilate and metabolize amino vitulina) for purposes of scientific acids and fatty acids from common prey research. Marine Mammals; File No. 455–1445 types, and the elucidation and monitoring of how reproductive and ADDRESSES: The permit and related AGENCY: National Marine Fisheries documents are available for review Service (NMFS), National Oceanic and metabolic activities are related in male upon written request or by appointment Atmospheric Administration (NOAA), monk seals. Research will involve the in the following office(s): Commerce. following types of takes: feeding a Permits, Conservation and Education controlled diet; monthly blood ACTION: Issuance of permit amendment. Division, Office of Protected Resources, sampling; weekly saliva sampling; NMFS, 1315 East-West Highway, Room SUMMARY: Notice is hereby given that weekly morphometric measurements; 13705, Silver Spring, MD 20910; phone the Waikiki Aquarium (Dr. Cindy and quarterly deuterium oxide (301)713–2289; fax (301)713–0376; Hunter, PI) has been issued an administration with pre- and post- Southwest Region, NMFS, 501 West amendment to scientific research and administration blood sampling. Ocean Blvd., Suite 4200, Long Beach, enhancement Permit No. 455–1445–02. Issuance of this amendment, as CA 90802–4213; phone (562)980–4001; ADDRESSES: The amendment and related required by the ESA, was based on a fax (562)980–4018. documents are available for review finding that such permit (1) was applied FOR FURTHER INFORMATION CONTACT: upon written request or by appointment for in good faith, (2) will not operate to Amy Sloan or Ruth Johnson, (301)713– in the following office(s): the disadvantage of the endangered 2289. Permits, Conservation and Education species which is the subject of this SUPPLEMENTARY INFORMATION: On Division, Office of Protected Resources, permit, and (3) is consistent with the February 27, 2002, notice was published NMFS, 1315 East-West Highway, Room purposes and policies set forth in in the Federal Register (67 FR 8941) 13705, Silver Spring, MD 20910; phone section 2 of the ESA. that a request for a scientific research (301)713–2289; fax (301)713–0376; Dated: August 13, 2002. permit to take California sea lions and Southwest Region, NMFS, 501 West harbor seals had been submitted by the Ocean Blvd., Suite 4200, Long Beach, Eugene T. Nitta, above-named individual. The requested CA 90802–4213; phone (562)980–4001; Acting Chief, Permits, Conservation and permit has been issued under the fax (562)980–4018; Education Division, Office of Protected authority of the Marine Mammal Protected Species Coordinator, Pacific Resources, National Marine Fisheries Service. Protection Act of 1972, as amended (16 Area Office, NMFS, 1601 Kapiolani [FR Doc. 02–21022 Filed 8–16–02; 8:45 am] U.S.C. 1361 et seq.), and the Regulations Blvd., Rm, 1110, Honolulu, HI 96814– BILLING CODE 3510–22–S
VerDate Aug<2,>2002 17:07 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\19AUN1.SGM pfrm17 PsN: 19AUN1 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Notices 53781
COMMITTEE FOR THE Effective on August 21, 2002, you are CONTACT PERSON FOR MORE INFORMATION: IMPLEMENTATION OF TEXTILE directed to adjust the limits for the following Jean A. Webb, 202–418–5100. AGREEMENTS categories, as provided for under the terms of the current bilateral textile agreement Jean A. Webb, Adjustment of Import Limits for Certain between the Governments of the United Secretary of the Commission. Wool Textile Products Produced or States and Ukraine: [FR Doc. 02–21143 Filed 8–15–02; 12:08 p.m.] Manufactured in Ukraine Adjusted twelve-month Category BILLING CODE 6351–01–M limit 1 August 14, 2002. AGENCY: Committee for the 435 ...... 108,255 dozen. Implementation of Textile Agreements 442 ...... 17,860 dozen. COMMODITY FUTURES TRADING (CITA). 444 ...... 77,395 numbers. COMMISSION ACTION: Issuing a directive to the 448 ...... 77,395 dozen. Sunshine Act Meeting Commissioner of customs adjusting 1 The limits have not been adjusted to ac- limits. count for any imports exported after December AGENCY HOLDING THE MEETING: 31, 2001. EFFECTIVE DATE: August 21, 2002. Commodity Futures Trading The Committee for the Implementation of Commission. FOR FURTHER INFORMATION CONTACT: Textile Agreements has determined that TIME AND DATE: 11 a.m., Friday, Naomi Freeman, International Trade these actions fall within the foreign affairs Specialist, Office of Textiles and exception to the rulemaking provisions of 5 September 20, 2002. Apparel, U.S. Department of Commerce, U.S.C. 553(a)(1). PLACE: 1155 21st St., NW., Washington, (202) 482–4212. For information on the Sincerely, DC, 9th Floor Conference Room. quota status of these limits, refer to the D. Michael Hutchinson, STATUS: Closed. Acting Chairman, Committee for the Quota Status Reports posted on the MATTERS TO BE CONSIDERED: Surveillance bulletin boards of each Customs port, Implementation of Textile Agreements. [FR Doc. 02–21012 Filed 8–16–02; 8:45 am] Matters. call (202) 927–5850, or refer to the U.S. CONTACT PERSON FOR MORE INFORMATION BILLING CODE 3510–DR–S : Customs website at http:// Jean A. Webb, 202–418–5100. www.customs.gov. For information on embargoes and quota re-openings, refer Jean A. Webb, to the Office of Textiles and Apparel COMMODITY FUTURES TRADING Secretary of the Commission. website at http://otexa.ita.doc.gov. COMMISSION [FR Doc. 02–21144 Filed 8–16–02; 12:08 SUPPLEMENTARY INFORMATION: p.m.] Sunshine Act Meeting Authority: Section 204 of the Agricultural BILLING CODE 6351–01–M Act of 1956, as amended (7 U.S.C. 1854); AGENCY HOLDING THE MEETING: Executive Order 11651 of March 3, 1972, as Commodity Futures Trading amended. COMMODITY FUTURES TRADING The current limits for certain Commission. COMMISSION categories are being adjusted for TIME AND DATE: 11 a.m., Friday, carryover. September 6, 2002. Sunshine Act Meeting A description of the textile and PLACE: 1155 21st St., NW., Washington, AGENCY HOLDING THE MEETING: apparel categories in terms of HTS DC., 9th Floor Conference Room. Commodity Futures Trading numbers is available in the STATUS: Closed. CORRELATION: Textile and Apparel Commission. MATTERS TO BE CONSIDERED: Surveillance Categories with the Harmonized Tariff TIME AND DATE: 11 a.m., Friday, Matters. Schedule of the United States (see September 27, 2002. Federal Register notice 66 FR 65178, CONTACT PERSON FOR MORE INFORMATION: PLACE: 1155 21st St., NW., Washington, published on December 18, 2001). Also Jean A. Webb, 202–418–5100. DC, 9th Floor Conference Room. see 66 FR 63225, published on Jean A. Webb, STATUS: Closed. December 5, 2001. Secretary of the Commission. MATTERS TO BE CONSIDERED: Surveillance D. Michael Hutchinson, [FR Doc. 02–21142 Filed 8–15–02; 12:08 pm] Matters. Acting Chairman, Committee for the BILLING CODE 6351–01–M CONTACT PERSON FOR MORE INFORMATION: Implementation of Textile Agreements. Jean A. Webb, 202–418–5100. Committee for the Implementation of Textile COMMODITY FUTURES TRADING Jean A. Webb, Agreements COMMISSION Secretary of the Commission. August 14, 2002. [FR Doc. 02–21145 Filed 8–15–02; 12:08 pm] Commissioner of Customs, Sunshine Act Meeting BILLING CODE 6351–01–M Department of the Treasury, Washington, DC 20229 AGENCY HOLDING THE MEETING: Dear Commissioner: This directive Commodity Futures Trading DELAWARE RIVER BASIN amends, but does not cancel, the directive Commission. issued to you on November 29, 2001, by the COMMISSION TIME AND DATE: Chairman, Committee for the Implementation 11 a.m., Friday, of Textile Agreements. That directive September 13, 2002. Notice of Commission Meeting and concerns imports of certain wool textile PLACE: 1155 21st St., NW, Washington, Public Hearing products, produced or manufactured in DC, 9th Floor Conference Room. Ukraine and exported during the twelve- Notice is hereby given that the STATUS: Closed. month period which began on January 1, Delaware River Basin Commission will 2002 and extends through December 31, MATTERS TO BE CONSIDERED: Surveillance hold an informal conference followed 2002. Matters. by a public hearing on Wednesday,
VerDate Aug<2,>2002 17:07 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\19AUN1.SGM pfrm17 PsN: 19AUN1 53782 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Notices
August 28, 2002. The hearing will be public water distribution system from only Upper Makefield Township, Bucks part of the Commission’s regular existing Wells Nos. 3, 4, 6 and 7 in the County, Pennsylvania, but a proposed business meeting. Both the conference Lower Potomac-Raritan-Magothy development known as The Arbours at session and business meeting are open Formation. The project is located in Washington Crossing will be connected. to the public and will be held at the Mount Laurel Township, Burlington Up to 122,544 gallons per day (gpd) of Commission offices at 25 State Police County, New Jersey. STP effluent will be discharged to 18 Drive, West Trenton, New Jersey. 3. Coastal Eagle Point Oil Company detention/recharge basins and ponds at The conference among the and Eagle Point Cogeneration the proposed development, which is Commissioners and staff will begin at Partnership D–86–15 RENEWAL 2. located on a 72-acre tract at the 9:30 a.m. Topics of discussion include: Renewal of a ground water withdrawal intersection of Taylorsville and a presentation on the performance of project to continue withdrawal of 232 Washington Crossing Roads. The DRBC investments through Valley Forge mg/30 days to supply the applicant’s remaining STP effluent will be Private Asset Management and Mellon industrial processes from existing discharged to the Delaware River in Asset Management; a report on the Production Wells Nos. 1, 3, 4A, 5 and Water Quality Zone 1E through the status of the campaign to restore federal 6A and Recovery Wells in the Raritan- existing outfall. The STP is located west funding in the federal fiscal year 2003 Magothy Formation. The project is of Taylorsville Road, approximately budget and the implications for DRBC’s located in West Deptford Township, one-half mile northwest of its budget; an update on the Gloucester County, New Jersey. intersection with State Route 532. Comprehensive Plan; a report on the 4. Kimble Glass, Inc. D–99–23. A 9. Delaware Racing Association D– PCB Expert Panel Meeting of August 21 ground water withdrawal project to 2002–19. An increase in a surface water and the TAC-Expert Panel Meeting of supply up to 50 mg/30 days of water to withdrawal from White Clay Creek in August 22; a presentation by the the applicant’s glass manufacturing the Christina River Watershed, from 0.4 Marasco Newton Group on its facility from Wells Nos. 5, 6 and 7 in the mgd to 2.45 mgd. The proposed increase Convening Report for the TMDL Cohansey Aquifer. The project is located is needed to irrigate a new adjacent golf Implementation Advisory Committee; a in Vineland City, Cumberland County, course, to be owned and operated by presentation by the New York City New Jersey. Parkside III, LLC. In order to meet Department of Environmental Protection 5. Artesian Water Company, Inc. D– existing bypass streamflow on the Draft New York City Filtration 2000–47 CP. A ground water withdrawal requirements of 40.3 cfs (26.4 mgd), two Avoidance Determination for the project to supply up to 8.0 mg/30 days large storage ponds will be provided to Catskill-Delaware Water Supply System; of water to the applicant’s public water contain water skimmed during higher and, time permitting, a preview of the distribution system from new Well No. streamflow conditions. During 305(b) (water quality) report on the 1 in the Cheswold Aquifer, and new prolonged dry weather periods when Main Stem and Delaware Bay. Well No. 2 in the Frederica Aquifer, and the applicant is not permitted to The subjects of the public hearing to to limit the withdrawal from all wells to withdraw surface water, pond storage be held during the 1 p.m. business 8.0 mg/30 days. The project is located supply may be supplemented under an meeting include, in addition to the in the St. Jones River Watershed near agreement with a local water purveyor. dockets listed below, a resolution to the City of Magnolia, Kent County, The proposed total maximum 30-day revise Docket D–96–50 CP, issued to Delaware. surface water withdrawal is 22.6 mg and United Water Delaware, by the addition 6. Artesian Water Company, Inc. D– the maximum annual withdrawal is of a new condition ‘‘m;’’ and a 2001–25 CP. A ground water withdrawal expected to be 71 mg for irrigation, plus resolution amending the Comprehensive project to supply up to 19.44 mg/30 35 mg for pond storage. The project is Plan and Water Code relating to the days of water to the applicant’s public located one mile west of the intersection operation of Lake Wallenpaupack water supply system from new Wells of State Route 7 and the Amtrak rail during drought, drought warning and Nos. 1 and 2 in the Rancocas Formation, lines in New Castle County, Delaware. drought watch conditions. The DRBC and to limit the existing withdrawal 10. Morgan Hill Golf Club D–2002–24. meeting and public hearing notice from all wells to 19.44 mg/30 days. The A ground water withdrawal project to posted on the Commission’s Web site, project is located in the Smyrna River supply up to 6.8 mg/30 days of water to http://www.drbc.net, contains a link to Watershed outside of Smyrna City, Kent the applicant’s golf course from new the text of the proposed Lake County, Delaware. Well No. IW–1 in the Leithsville Wallenpaupack resolution. 7. The Upper Hanover Authority D– Dolomite Formation. The project is The dockets scheduled for public 2002–10 CP. A ground water withdrawal located in the Delaware River hearing are as follows: project to supply up to 9.72 mg/30 days Watershed in Williams Township, 1. Holdover Project: Bidermann Golf of water to the applicant’s public water Northampton County, Pennsylvania. Club D–2002–13. A ground water distribution system from new Well No. 11. Village of Andes D–2002–25 CP. withdrawal project to supply up to TUHA–4 in the Brunswick Formation Construction of an STP to replace 0.864 million gallons (mg)/30 days of and to increase the existing withdrawal individual septic systems serving water to the applicant’s golf course from from all wells from 22.4 to 32.12 mg/30 Village of Andes residents in the Town new Well No. 5 in the Wissahickon days. The project is located in the of Andes, Delaware County, New York. Formation, and to increase the existing Perkiomen Creek Watershed in Upper The proposed 0.062 mgd STP is withdrawal from all sources to 15.8 mg/ Hanover Township, Montgomery designed to provide tertiary treatment 30 days. The project is located in the County, in the Southeastern via sequencing batch reactor and Brandywine Creek Watershed in the Pennsylvania Ground Water Protected microfiltration processes. STP effluent City of Wilmington, New Castle County, Area. will be discharged to Tremper Kill, a Delaware. 8. Upper Makefield Township D– tributary of the East Branch Delaware 2. Mount Laurel Township Municipal 2002–17 CP. An upgrade and expansion River upstream of the Pepacton Authority D–85–9 CP RENEWAL. of a 0.1 million gallons per day (mgd) Reservoir, within the drainage area to Renewal of a ground water withdrawal secondary sewage treatment plant (STP) the Delaware River Basin Commission’s project to continue withdrawal of 120 to provide tertiary treatment of 0.173 Special Protection Waters. The STP will mg/30 days to supply the applicant’s mgd. The STP will continue to serve be constructed between Cabin Hill and
VerDate Aug<2,>2002 13:32 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\19AUN1.SGM pfrm15 PsN: 19AUN1 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Notices 53783
Tremper Kill Roads, just within the the Commission may accommodate your recordkeeping burden. OMB invites village border. needs. public comment. 12. Moyer Packing Company D–2002– Dated: August 13, 2002. Dated: August 13, 2002. 26. A ground water withdrawal project Pamela M. Bush, John D. Tressler, to supply up to 8.29 mg/30 days of water to the applicant’s beef processing Commission Secretary and Assistant General Leader, Regulatory Information Management facility from new Wells Nos. PW–9 and Counsel. Group, Office of the Chief Information Officer. PW–10 in the Brunswick Formation, [FR Doc. 02–20951 Filed 8–16–02; 8:45 am] Office of Postsecondary Education and to increase the existing withdrawal BILLING CODE 6360–01–P Type of Review: Reinstatement. from all wells to 24.0 mg/30 days. The Title: Annual Performance Report for project is located in the Skippack Creek the Student Support Services Program. Watershed in Franconia Township, DEPARTMENT OF EDUCATION Frequency: Annually. Montgomery County, in the Southeastern Pennsylvania Ground Submission for OMB Review; Affected Public: Not-for-profit Water Protected Area. Comment Request institutions. In addition to the public hearing Reporting and Recordkeeping Hour items, the Commission will address the AGENCY: Department of Education. Burden: Responses: 944. Burden Hours: following at its 1 p.m. business meeting: SUMMARY: The Leader, Regulatory 5,664. Minutes of the July 17, 2002 business Information Management Group, Office Abstract: Student Support Services meeting; announcements; a report on of the Chief Information Officer invites grantees must submit the report Basin hydrologic conditions; a report by comments on the submission for OMB annually. The reports are used to the Executive Director; a report by the review as required by the Paperwork evaluate the performance of grantees Commission’s General Counsel, Reduction Act of 1995. and to award prior experience points at including consideration of a timely DATES: Interested persons are invited to the end of each project (budget) period. request by Exelon Business Services submit comments on or before The Department also aggregates the data Company (formerly PECO) for a hearing September 18, 2002. to provide descriptive information on under Article 6 of the Commission’s ADDRESSES: Written comments should the programs and to analyze the impact Rules of Practice and Procedure; a be addressed to the Office of of the program on the academic progess resolution extending the drought Information and Regulatory Affairs, of participating students. emergency declared by Resolution No. Attention: Lauren Wittenberg, Desk Requests for copies of the submission 2001–32; a resolution authorizing the Officer, Department of Education, Office for OMB review; comment request may Executive Director to execute an of Management and Budget, 725 17th be accessed from http:// agreement with the State of New Jersey, Street, NW., Room 10235, New edicsweb.ed.gov, by selecting the through its Marine Sciences Executive Office Building, Washington, ‘‘Browse Pending Collections’’ link and Consortium, to receive and expend DC 20503 or should be electronically by clicking on link number 2057. When funds not to exceed $5,000 for sampling mailed to the Internet address you access the information collection, in the Delaware Bay, Delaware Estuary [email protected]. click on ‘‘Download Attachments ‘‘ to and tributaries for the ‘‘Coastal 2001– view. Written requests for information 2005’’ Project; and a resolution SUPPLEMENTARY INFORMATION: Section should be addressed to Vivian Reese, authorizing the Executive Director to 3506 of the Paperwork Reduction Act of Department of Education, 400 Maryland execute an agreement with the State of 1995 (44 U.S.C. Chapter 35) requires Avenue, SW., Room 4050, Regional New Jersey for a Section 319H Non- that the Office of Management and Office Building 3, Washington, DC Point Source Pollution Control and Budget (OMB) provide interested 20202–4651 or to the e-mail address Management Implementation Program Federal agencies and the public an early [email protected]. Requests may also Grant in the amount of $73,000 to opportunity to comment on information be electronically mailed to the Internet provide fluvial geomorphology collection requests. OMB may amend or address [email protected] or faxed to technical assistance for stream waive the requirement for public 202–708–9346. Please specify the assessment and restoration. The meeting consultation to the extent that public complete title of the information will end with an opportunity for public participation in the approval process collection when making your request. dialogue. would defeat the purpose of the Comments regarding burden and/or Documents relating to the dockets and information collection, violate State or the collection activity requirements other items may be examined at the Federal law, or substantially interfere should be directed to Joseph Schubart at Commission’s offices. Preliminary with any agency’s ability to perform its her e-mail address [email protected]. dockets are available in single copies statutory obligations. The Leader, Individuals who use a upon request. Please contact Thomas L. Regulatory Information Management telecommunications device for the deaf Brand at 609–883–9500 ext. 221 with Group, Office of the Chief Information (TDD) may call the Federal Information any docket-related questions. Persons Officer, publishes that notice containing Relay Service (FIRS) at 1–800–877– wishing to testify at this hearing are proposed information collection 8339. requested to register in advance with the requests prior to submission of these Commission Secretary at 609–883–9500 requests to OMB. Each proposed [FR Doc. 02–20949 Filed 8–16–02; 8:45 am] ext. 203. information collection, grouped by BILLING CODE 4000–01–P Individuals in need of an office, contains the following: (1) Type accommodation as provided for in the of review requested, e.g. new, revision, DEPARTMENT OF EDUCATION Americans With Disabilities Act who extension, existing or reinstatement; (2) wish to attend the hearing should title; (3) summary of the collection; (4) National Educational Research Policy contact the Commission Secretary description of the need for, and and Priorities Board; Meeting directly at 609–883–9500 ext. 203 or proposed use of, the information; (5) through the New Jersey Relay Service at respondents and frequency of AGENCY: National Educational Research 1–800–852–7899 (TTY), to discuss how collection; and (6) reporting and/or Policy and Priorities Board; Education.
VerDate Aug<2,>2002 13:32 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\19AUN1.SGM pfrm15 PsN: 19AUN1 53784 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Notices
ACTION: Notice of meeting. Dated: August 12, 2002. HLW tanks in accordance with the Rafael Valdivieso, approved General Closure Plan. SUMMARY: This notice sets forth the Executive Director. ADDRESSES: Copies of the Tank Closure schedule and proposed agenda for a [FR Doc. 02–20929 Filed 8–16–02; 8:45 am] EIS and this Record of Decision may be forthcoming meeting of the National BILLING CODE 4000–01–M obtained by calling a toll-free number Educational Research Policy and (800–881–7292), by sending an e-mail Priorities Board. Notice of this meeting request to [email protected], or by mailing is required under Section 10(a)(2) of the DEPARTMENT OF ENERGY a request to: Andrew Grainger, National Federal Advisory Committee Act. This Environmental Policy Act (NEPA) document is intended to notify the Savannah River Site High-Level Waste Compliance Officer, Savannah River general public of their opportunity to Tank Closure Operations Office, Department of attend the meeting. Individuals who Energy, Building 742A, Room 185, AGENCY: Department of Energy (DOE). will need accommodations for a Aiken, SC 29808. This Record of ACTION: disability in order to attend the meeting Record of decision. Decision will be available on the (i.e., interpreting services, assistive SUMMARY: In the Savannah River Site Department of Energy NEPA Web site, listening devices, materials in (SRS) High-Level Waste Tank Closure tis.eh.doe.gov/nepa/whatsnew.htm. alternative format) should notify Mary Environmental Impact Statement (Tank FOR FURTHER INFORMATION CONTACT: Grace Lucier at (202) 219–2253 by Closure EIS, DOE/EIS–0303) DOE Questions concerning the SRS tank August 27. We will attempt to meet considered alternatives for closure of 49 closure program can be submitted by requests after this date, but cannot high-level radioactive waste (HLW) calling 800–881–7292, mailing them to guarantee availability of the requested tanks and associated equipment such as Mr. Andrew Grainger at the above accommodation. The meeting site is evaporator systems, transfer pipelines, address, or sending them electronically accessible to individuals with diversion boxes, and pump pits. DOE to the Savannah River Operations Office disabilities. needs to close these tanks to reduce e-mail address, [email protected]. Date: September 6, 2002. human health and safety risks at and For general information on the DOE Time: 12:30 (approximately) to 4 p.m. near the HLW tanks, and to reduce the NEPA process, please contact: Carol M. eventual introduction of contaminants Borgstrom, Director, Office of NEPA Location: Room 100, 80 F St., NW., into the environment. Moreover, DOE Policy and Compliance, U.S. Washington, DC, 20208–7564. must comply with the provisions of the Department of Energy, 1000 FOR FURTHER INFORMATION CONTACT: Wastewater Systems Operating Permit Independence Avenue, SW., Mary Grace Lucier, Designated Federal issued by the South Carolina Washington, DC 20585, 202–586–4600 Official, National Educational Research Department of Health and or leave a message at 800–472–2756. Policy and Priorities Board, Environmental Control (SCDHEC) for SUPPLEMENTARY INFORMATION: Washington, DC 20208–7564. Tel: (202 HLW tank operations, and with the Background 219–2353; fax: (202) 219–1528; e-mail: closure schedule and provisions [email protected], or contained in the Industrial Wastewater Nuclear materials production at the [email protected]. The main telephone Closure Plan for F- and H-Area High- SRS resulted in the generation of large number for the Board is (202) 208–0692. Level Waste Tank Systems (the General quantities of HLW that is stored onsite Closure Plan) approved by SCDHEC. in large underground tanks. The HLW SUPPLEMENTARY INFORMATION: The DOE evaluated three alternatives for resulted from the dissolution of spent National Educational Research Policy closure of the tank systems: Stabilize reactor fuel and nuclear targets to and Priorities Board is authorized by Tanks, Clean and Remove Tanks, and recover the valuable radioactive Section 921 of the Educational No Action. The Stabilize Tanks isotopes. DOE has stored the HLW in 51 Research, Development Dissemination alternative has three options—Fill with large underground storage tanks located and Improvement Act of 1994. The Grout (preferred alternative), Fill with in the F- and H-Area Tank Farms at Board works collaboratively with the Sand, and Fill with Saltstone. SRS. DOE has emptied and closed two Assistant Secretary for the Office of DOE has selected the preferred of those tanks. Approximately 37 Educational Research and Improvement alternative identified in the Final EIS, million gallons of HLW is stored in the (OERI) to forge a national consensus Stabilize Tanks—Fill with Grout, to remaining 49 HLW tanks. with respect to along-term agenda for guide development and implementation The HLW tank systems at SRS are educational research, development, and of closure of the high-level waste tanks operated under the authority of the dissemination, and to provide advice and associated equipment at the SRS. Atomic Energy Act of 1954 (AEA) and and assistance to the Assistant Secretary Following bulk waste removal, DOE will DOE Orders issued pursuant to the in administering the duties of the Office. clean the tanks if associated equipment AEA. The HLW tank systems also are The Board will conduct outstanding at the SRS. Following bulk waste operated in accordance with a permit business, hear a report from the removal, DOE will clean the tanks if issued by SCDHEC under the authority Assistant Secretary, and review ongoing necessary to meet the performance of the South Carolina Pollution Control initiatives in OERI. A find agenda will objectives contained in the General Act for industrial wastewater treatment be available from the Board Office on Closure Plan and the tank-specific facilities. DOE is required to close the August 27, and will be posted on the Closure Module, and then fill the tanks tank systems in accordance with AEA Board’s web site, http://www.ed.gov/ with grout. requirements and South Carolina offices/OERI/NERPPB/. In parallel with tank closures, DOE Regulation R.61–82, ‘‘Proper Closeout of Records are keep of all Board will evaluate and consult with SCDHEC Wastewater Treatment Facilities.’’ This proceedings and are available for public on closure methods and regulatory regulation requires that closures be inspection at the office of the National compliance revisions that will allow carried out according to site-specific Research Policy and Priorities Board, accelerated closure and reduction of risk guidelines established by SCDHEC to Suite 100, 80 F ST., NW., Washington, associated with the HLW tanks. DOE prevent health hazards and to promote DC 20208–7564. remains committed to closure of the safety in and around the tank systems.
VerDate Aug<2,>2002 13:32 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\19AUN1.SGM pfrm15 PsN: 19AUN1 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Notices 53785
DOE has adopted a general strategy for Performance Objectives would be employed. These techniques HLW tank system closure, set forth in In implementing this Record of include mechanical methods, oxalic DOE’s Industrial Wastewater Closure Decision, DOE will establish acid cleaning, or other chemical Plan for the F- and H-Area High-Level performance objectives for closure of cleaning methods. Potential criticality Waste Tank Systems (March 2000), each HLW tank. Each performance safety concerns and interference with 1 known as the General Closure Plan. objective will correspond to an overall downstream waste processing activities The General Closure Plan has been performance standard identified in the such as Defense Waste Processing approved by SCDHEC and DOE must General Closure Plan and will ensure Facility glass quality could arise with gain SCDHEC’s approval on any that the overall performance standard the use of chemical cleaning methods revisions to the General Closure Plan. can be met. For example, if the and would have to be addressed. Also, DOE has entered into an performance standard for drinking water Alternatives Considered agreement, the SRS Federal Facility in the receiving stream is 4 millirem per Agreement, with the U.S. year, the combined contribution from In the EIS DOE evaluated three Environmental Protection Agency (EPA) contaminants from all tanks will not alternatives for tank closure, each of and SCDHEC to remove from service exceed the 4 millirem-per-year limit. which begins when bulk waste removal and close 24 HLW tanks that do not DOE will evaluate closure for specific from the tank has been completed. meet Resource Conservation and tanks to determine whether use of a Under each alternative except No Recovery Act secondary containment specific closure option will allow DOE Action, DOE would close 49 HLW tanks requirements. The remaining 27 tanks to meet the overall performance and associated waste handling will also be closed when they are no standard. Based on this analysis, DOE equipment including evaporators, longer required for service. Closure of will develop a Closure Module (a tank- pumps, diversion boxes, and transfer the HLW tanks will comply with DOE’s specific closure plan) for each HLW lines. responsibilities under the AEA and the tank such that the performance Stabilize Tanks Alternative General Closure Plan, and be carried out objectives for the tank can be met. The under a schedule agreed to by DOE, Closure Module must be approved by Following bulk waste removal and EPA, and SCDHEC. SCDHEC before tank closure can begin. any required cleaning, DOE would fill the tanks with a material that would The General Closure Plan identifies Waste Incidental to Reprocessing bind up remaining residual waste and the resources (e.g., groundwater, air) Before bulk waste removal, the prevent future collapse of the tanks. In potentially affected by contaminants content of the tanks is HLW. The goal the EIS DOE considered three options remaining in the tanks after waste of the bulk waste removal and, if for tank stabilization under this removal and closure; describes how the needed, subsequent cleaning of the alternative: Fill with Grout (preferred tanks will be cleaned and how the tank tanks, is to meet DOE’s criteria for alternative), Fill with Sand, and Fill systems and residual wastes will be Waste Incidental to Reprocessing. DOE with Saltstone. Each tank system or stabilized; and identifies Federal and Manual 435.1–1, which implements group of tank systems would be State regulations and guidance that DOE Order 435.1, Radioactive Waste evaluated to determine the inventory of apply to the closures. The Plan Management, describes two processes, radiological and nonradiological describes the use of fate and transport citation and evaluation, for determining contaminants remaining after bulk models to calculate potential that HLW can be considered ‘‘waste waste removal. This information would environmental exposure concentrations incidental to reprocessing’’ and can be used to conduct a performance or radiological dose rates from the therefore be managed under DOE’s evaluation as part of the preparation of residual waste left in the tank systems. regulatory authority in accordance with a Closure Module. In the evaluation The General Closure Plan describes the requirements for transuranic waste or DOE would consider (1) the types of method DOE will use to make sure the low-level waste. In implementing this contamination in the tank and the impacts of closure of individual tank Record of Decision, DOE will perform a configuration of the tank system, and (2) systems do not exceed the waste incidental to reprocessing the hydrogeologic conditions at and environmental standards that apply to determination by evaluation on each near the tank location, such as distance the entire F- and H-Area Tank Farms. HLW tank as part of the analysis used from the water table and distance to Several issues related to the HLW to prepare the Closure Module. nearby streams. The performance evaluation would include modeling the tank closure program will be resolved as HLW Tank Cleaning DOE implements this Record of projected contamination pathways for Decision. These issues will be addressed Following bulk waste removal, DOE selected closure methods, and during tank-by-tank closure and will clean the tanks, if necessary, to comparing the modeling results with the include: (1) Performance objectives for meet the performance objectives performance objectives developed in the each tank that allow the cumulative contained in the General Closure Plan General Closure Plan. If the modeling closure to meet the overall performance and in the tank-specific Closure shows that performance objectives standard; (2) the regulatory status of Module, which includes DOE’s criteria would be met, the Closure Module residual waste in the tanks, through a for Waste Incidental to Reprocessing. In would be submitted to SCDHEC for determination whether they are ‘‘waste accordance with the General Closure approval. If the modeling shows that the incidental to reprocessing;’’ and (3) use Plan, the need for and the extent of any performance objectives would not be of cleaning methods such as spray water tank cleaning will be determined based met, then tank cleaning steps would be washing or oxalic acid cleaning, if on the analysis presented in the tank- taken until sufficient waste had been needed to meet tank-specific specific Closure Module. removed that the objectives could be performance objectives. If necessary tank cleaning by spray met. Therefore the closure configuration water washing will initially be for each tank or group of tanks would 1 Although the Final Environmental Impact performed. If performance objectives be determined on a case-by-case basis Statement reflected the 2000 Closure Plan, the could not be met using spray water through development of the Closure Statement incorrectly cited the 1996 Closure Plan. washing, other cleaning techniques Module.
VerDate Aug<2,>2002 13:32 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\19AUN1.SGM pfrm15 PsN: 19AUN1 53786 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Notices
Following approval of a Closure groundwater near the tank farms over eventually carrying these contaminants Module by SCDHEC, the tank the long term. into the groundwater. Contamination of stabilization process would begin. Following the use of any of the the groundwater would be much greater DOE’s preferred option is to use grout, stabilization options, four tanks in F- and occur much more quickly than it a concrete-like material, as backfill. The Area and four tanks in H-Area would would if the tank were backfilled and fill material would be high enough in require backfill soil to be placed over the residual waste bound with the pH to be compatible with the carbon the top of the tanks to bring the ground backfill material. surface at these tanks up to the steel walls of the tank. The grout would Environmentally Preferable Alternative be formulated with chemical properties surrounding surface elevation. The that would retard the movement of action would prevent ponding Overall, the Stabilize Tanks—Fill radionuclides in the residual waste in conditions that could accelerate with Grout alternative is the the closed tank. The grout would be degradation of the tank structure. environmentally preferable alternative. poured in three distinct layers. The Clean and Remove Tanks Alternative Review of the data presented in the Tank Closure EIS shows that in the near bottom-most layer would be specially The Clean and Remove Tanks formulated reducing grout to retard the term the impacts of the Stabilize alternative would involve cleaning the Tanks—Fill with Grout alternative are migration of important contaminants. tanks, cutting them up in situ, removing The middle layer would be a low- similar to or less than those of the them from the ground, and transporting Stabilize Tanks—Fill with Sand and the strength material designed to fill most of tank components for disposal in an the volume of the tank interior. The Stabilize Tanks—Fill with Saltstone engineered disposal facility at another alternatives. final layer would be a high-strength location on the SRS. For this alternative Waste removal and, if necessary, grout to deter inadvertent intrusion from DOE would have to clean the tanks until cleaning activities would be similar for drilling. DOE is also considering an all- they were clean enough to be safely each of these alternatives, although in-one grout that would provide the removed and could meet waste worker exposures and resultant latent same performance as the three separate acceptance criteria at SRS low-level cancer fatalities would be slightly layers of grout. If this all-in-one grout waste disposal facilities. Cleaning higher for the Stabilize Tanks—Fill with would provide the same performance techniques such as oxalic acid cleaning, Saltstone alternative due to the and protection at a lesser cost, DOE mechanical cleaning and additional radionuclide content of the saltstone. In would use it. steps as yet undefined might be the short term the Clean and Remove required. Worker exposure would have Other fill options that DOE Tanks alternative would have to be As Low As Reasonably Achievable considered in the EIS are sand and substantially greater impacts than any of to ensure protection of the individual saltstone. For these options, all other the Stabilize Tanks options, as a result workers required to perform the tank aspects of the closure process, including of the worker exposures that would be the determination that performance removal operations. Following bulk waste removal and required to clean and remove the tanks objectives could be met and approval of and tank systems. The No Action the Closure Module by SCDHEC, would tank cleaning, the steel components of the tank would be cut up, removed, alternative has the least short-term be the same as described for the Fill impacts. with Grout option. Sand is readily placed in radioactive waste transport containers, (approximately 3,900 SRS In the long term, the impacts of the available and inexpensive. However, it Clean and Remove Tanks alternative would be more difficult to completely low-level waste disposal boxes per tank), and transported to SRS would be the least of all the alternatives, fill void spaces with sand than with radioactive waste disposal facilities for because the groundwater contaminant grout, and sand could not be formulated disposal. This alternative would require source term would have been removed. to retard the migration of radionuclides. the construction of approximately 16 Some small long-term impacts would Expected contamination levels in new low-activity waste vaults at SRS for result from release of contaminants from groundwater and surface water resulting disposal of the tank components. With the disposal facility that would receive from migration of residual contaminants removal of the tanks, backfilling of the the tank systems after removal. Long- would be higher than the levels for the excavations left after the removal would term impacts of the preferred preferred option. Saltstone, which is the be required. alternative, Stabilize Tanks—Fill with low-radioactivity fraction of HLW Grout, would be greater than those of mixed with cement, flyash, and slag, No Action Alternative the Clean and Remove Tanks could also be used as fill material. The No Action alternative would Alternative, although very small; no Saltstone is normally disposed of as involve leaving the tank systems in latent cancer fatalities would result from low-level waste in the SRS Saltstone place after bulk waste removal has been implementation of the Stabilize Tanks— Disposal Facility. This alternative accomplished. After bulk waste Fill with Grout alternative. The No would have the advantage of reducing removal, each tank would contain Action alternative has the greatest long- the amount of Saltstone Disposal residual waste, and, in those tanks that term impacts. Facility area that would be required. reside in the water table, ballast water. Decision Filling the tank with a grout mixture The tanks would not be backfilled. that is contaminated with radionuclides, After some period of time (probably DOE has selected the preferred like saltstone, would considerably hundreds of years), the reinforcing bar alternative identified in the Final EIS, complicate the project and increase in the roof of the tank would rust and Stabilize Tanks—Fill with Grout, to worker radiation exposure. In addition, the roof would fail, causing the guide development and implementation the saltstone would contain large structural integrity of the tank to of closure of the high-level waste tanks quantities of nitrate that would not be degrade. Similarly, the floor and walls and associated equipment at SRS. present in the tank residual waste. of the tank would degrade over time. Following bulk waste removal, DOE will Because nitrates are very mobile in the Rainwater would enter the exposed clean the tanks if necessary to meet the environment, these large quantities of tank, flushing contaminants from the performance objectives contained in the nitrate would adversely impact the residual waste in the tanks and General Closure Plan and the tank-
VerDate Aug<2,>2002 13:32 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 E:\FR\FM\19AUN1.SGM pfrm15 PsN: 19AUN1 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Notices 53787
specific Closure Module and then fill HLW tanks will follow the approved may be filed with the Board either the tanks with grout. Industrial Wastewater Closure Plan for before or after the meeting. Individuals In parallel with tank closures, DOE the F- and H-Area High-Level Waste who wish to make oral statements will evaluate and consult with SCDHEC Tank Systems, known as the General pertaining to agenda items should on closure methods and regulatory Closure Plan, and the individual Tank contact Ken Korkia at the address or revisions that will allow accelerated Closure Modules required by the telephone number listed above. closure and reduction of risk associated General Closure Plan. This process will Requests must be received at least five with the HLW tanks. DOE remains serve to ensure that risks are minimized days prior to the meeting and reasonable committed to closure of the HLW tanks and the environmental and health and provisions will be made to include the in accordance with the approved safety impacts of tank closure are within presentation in the agenda. The Deputy General Closure Plan. the bounds described in the Final EIS. Designated Federal Officer is DOE has selected the Stabilize DOE considers this process to be empowered to conduct the meeting in a Tanks—Fill with Grout alternative for standard operating procedures that do fashion that will facilitate the orderly several reasons. First, DOE has not require a mitigation action plan conduct of business. Each individual confidence in the method due to the under 10 CFR 1021.331(a). wishing to make public comment will demonstrated performance of the be provided a maximum of five minutes reducing grout and the successful waste Issued at Washington, DC, August 9th, 2002. to present their comments. removal and closure process employed Paul M. Golan, Minutes: The minutes of this meeting for Tanks 17 and 20. On the basis of the will be available for public review and analysis in the EIS, the selected Acting Assistant Secretary for Environmental Management. copying at the Public Reading Room alternative is superior to the Fill with located at the Office of the Rocky Flats Sand and Fill with Saltstone options in [FR Doc. 02–20968 Filed 8–16–02; 8:45 am] BILLING CODE 6450–01–P Citizens Advisory Board, 9035 North terms of binding residual waste in the Wadsworth Parkway, Suite 2250, tanks and thereby preventing future Westminister, CO 80021; telephone environmental contamination. This DEPARTMENT OF ENERGY (303) 420–7855. Hours of operations for alternative would likely require the least the Public Reading Room are 8:30 a.m. tank cleaning of any alternative and Environmental Management Site- to 4:30 p.m., Monday-Friday, except would therefore minimize worker Specific Advisory Board, Rocky Flats Federal holidays. Minutes will also be exposures and waste management made available by writing or calling Deb AGENCY: Department of Energy. concerns while meeting the Thompson at the address or telephone performance objectives. In addition, this ACTION: Notice of open meeting. number listed above. Board meeting alternative was found to be the SUMMARY: This notice announces a minutes are posted on RFCAB’s Web environmentally preferable alternative. site within one month following each As described in the EIS, bulk waste meeting of the Environmental meeting at: http://www.rfcab.org/ removal has been demonstrated to Management Site-Specific Advisory Minutes.HTML. remove about 97 percent of the Board (EM SSAB), Rocky Flats. The radioactive material content, measured Federal Advisory Committee Act (Pub. Issued at Washington, DC, on August 14, in curies, from a HLW tank. Spray water L. No. 92–463, 86 Stat. 770) requires 2002. washing has been shown to remove that public notice of these meetings be Rachel M. Samuel, slightly less than an additional one announced in the Federal Register. Deputy Advisory Committee Management percent and generates additional DATES: Thursday, September 5, 2002, 6 Officer. wastewater that requires processing. p.m. to 9:30 p.m. [FR Doc. 02–20969 Filed 8–16–02; 8:45 am] DOE will employ spray water washing ADDRESSES: Jefferson County Airport BILLING CODE 6450–01–P or an enhanced cleaning method only if Terminal Building, Mount Evans Room, it is necessary to meet the performance 11755 Airport Way, Broomfield, CO. objectives. FOR FURTHER INFORMATION CONTACT: Ken DEPARTMENT OF ENERGY In accordance with the General Korkia, Board/Staff Coordinator, Rocky Office of Science; Fusion Energy Closure Plan, DOE must demonstrate Flats Citizens Advisory Board, 9035 Sciences Advisory Committee whether residual waste (that is, waste North Wadsworth Parkway, Suite 2250, that will remain in the tank following Westminster, CO, 80021; telephone AGENCY: Department of Energy. any necessary cleaning, and that will be (303) 420–7855; fax (303) 420–7579. ACTION: Notice of open meeting. immobilized in the grout used to SUPPLEMENTARY INFORMATION: Purpose of stabilize the tank) is low-level or the Board: The purpose of the Board is SUMMARY: This notice announces a transuranic waste in accordance with to make recommendations to DOE and meeting of the Fusion Energy Sciences the Waste Incidental to Reprocessing its regulators in the areas of Advisory Committee. The Federal provision in DOE Order 435.1. However, environmental restoration, waste Advisory Committee Act (Public Law because DOE must meet overall management, and related activities. 92–463, 86 Stat. 770) requires that performance standards in any case, the public notice of these meetings be regulatory status of the residual waste Tentative Agenda announced in the Federal Register. does not affect the assessment of 1. Annual work plan development. DATES: Wednesday, September 11, 2002, environmental impacts. 2. End-state discussion, specifically 9 a.m. to 6 p.m.; Thursday, September Mitigation addressing proposal to set suface soil 12, 2002, 9 a.m. to 12 noon. cleanup level at 50 pCi/g. DOE is committed to environmental 3. Begin to draft recommendation on ADDRESSES: The Marriott Gaithersburg stewardship and to operating the SRS in proposed end-state strategy. Washingtonian Center, 9751 compliance with all applicable laws, 4. Other Board business may be Washingtonian Boulevard, Gaithersburg, regulations, DOE Orders, permits, and conducted as necessary. Maryland 20878, USA. compliance agreements. In addition to Public Participation: The meeting is FOR FURTHER INFORMATION CONTACT: good engineering practice, closure of the open to the public. Written statements Albert L. Opdenaker, Office of Fusion
VerDate Aug<2,>2002 13:32 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\19AUN1.SGM pfrm15 PsN: 19AUN1 53788 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Notices
Energy Sciences; U.S. Department of DEPARTMENT OF ENERGY reviewed, will be announced in a Energy; 19901 Germantown Road; separate Federal Register Notice. Germantown, MD 20874–1290; Electricity Advisory Board; Notice of ADDRESSES: Comments on this Draft Telephone: 301–903–4927. Publication of Draft Transmission Grid Report should be addressed to: Dr. Craig Solutions Subcommittee Report SUPPLEMENTARY INFORMATION: Purpose of R. Reed, Designated Federal Official, the Meeting: The major purpose of this AGENCY: Department of Energy. Electricity Advisory Board, AB–1/ meeting is to finalize the Fusion Energy ACTION: Notice of publication of draft Forrestal Building, U.S. Department of Energy, 1000 Independence Avenue, Sciences Advisory Committee report and request for comments. SW., Washington, DC 20585. recommendations on a strategy for SUMMARY: The Office of the Secretary of You may also submit comments by burning plasma physics experiments. Energy Advisory Board (AB–1) on facsimile to (202) 586–6279 or by e-mail Tentative Agenda behalf of the Electricity Advisory Board to [email protected]. (EAB) requests comments on the Wednesday, September 11, 2002 FOR FURTHER INFORMATION CONTACT: Dr. Electricity Advisory Board’s ‘‘Draft Craig R. Reed, Executive Director, or Ms. Report’’ by the Transmission Grid • Office of Science Perspective Lisa Epifani, EAB Staff Director, Solutions Subcommittee. The Draft • Office of Fusion Energy Sciences Secretary of Energy Advisory Board Report provides a series of (AB–1), U.S. Department of Energy, Update recommendations to the Electricity 1000 Independence Avenue, SW., • Status Report from Simulation Sub Advisory Board and the Secretary of Washington, DC 20585, (202) 586–7092 Panel Energy on ways to improve the physical or (202) 586–6279 (fax). and financial state of our nation’s • Status Report from Non-Electric transmission electric transmission grid SUPPLEMENTARY INFORMATION: The Applications Sub Panel infrastructure to ensure the most Electricity Advisory Board (EAB) was • Final Report from the Burning reliable, economically efficient and chartered to provide the Secretary of Plasma Sub Panel environmentally sound delivery of Energy with essential independent electric power to consumers and advice and recommendations on Thursday, September 12, 2002 businesses at affordable prices. The electricity policy issues of importance to the Department of Energy. The • Discussion of New Charges Draft Report was organized around the EAB Transmission Grid Solutions Electricity Advisory Board is to provide • Public Comments Subcommittee’s independent external timely, balanced, and authoritative Public Participation: The meeting is review of the Department of Energy’s advice to the Secretary of Energy on the Department’s electricity programs; open to the public. If you would like to study of the nation’s electricity current and future capacity of the file a written statement with the transmission system entitled National electricity system; issues related to Committee, you may do so either before Transmission Grid Study (May 2002). production, reliability and utility or after the meeting. If you would like The views and recommendations restructuring; and coordination between to make oral statements regarding any of offered in this Draft Report reflect the consensus of the Subcommittee the Department of Energy and state and the items on the agenda, you should regional officials and the private sector contact Albert L. Opdenaker at 301– members only. As with any consensus product, the views of any individual on matters affecting electricity supply 903–8584 (fax) or and reliability. [email protected] (e- member of the subcommittee may differ mail). You must make your request for slightly from the specific detailed Public Participation recommendation contained in the Draft an oral statement at least 5 business The Electricity Advisory Board Report. This Draft Report is not a days before the meeting. Reasonable welcomes public comment on the Draft Department of Energy or Administration provision will be made to include the Report of the EAB’s Transmission Grid document and will not be transmitted scheduled oral statements on the Solutions Subcommittee. The Draft officially to the Secretary of Energy agenda. The Chairperson of the Report is being circulated for public without the consideration of any public Committee will conduct the meeting to review and comment in advance of its comments received and the approval of facilitate the orderly conduct of final review by the full Board in an the Electricity Advisory Board. business. Public comment will follow The EAB’s Transmission Grid effort to provide members of the public the 10-minute rule. Solutions Subcommittee has posted its and interested parties with an Minutes: We will make the minutes of Draft Report on its Web site, located at opportunity to submit meaningful this meeting available for public review http://www.eab.energy.gov. comment to the Board in advance of their review of the Draft Report’s and copying within 30 days at the DATES: To ensure the consideration of findings and recommendations. Freedom of Information Public Reading your comments by the Department of Members of the public and interested Room; IE–190; Forrestal Building; 1000 Energy’s Electricity Advisory Board parties will also have an opportunity to Independence Avenue, SW.; before the Board considers this Draft comment on this Draft Report during the Washington, DC, between 9 a.m. and 4 Report for approval and submission to public comment period of the next the Secretary of Energy, comments must p.m., Monday through Friday, except meeting of the Electricity Advisory be submitted in writing and received by Federal holidays. Board. the Office of the Secretary of Energy Issued at Washington, DC, on August 14, Advisory Board (AB–1) no later than 5 Issued at Washington, DC, on August 14, 2002. p.m. Eastern Daylight Savings Time 2002. Rachel M. Samuel, August 30, 2002. The date and location Rachel M. Samuel, Deputy Advisory Committee Management of the next open meeting of the Deputy Advisory Committee Management Officer. Electricity Advisory Board, where the Officer. [FR Doc. 02–20971 Filed 8–16–02; 8:45 am] Transmission Grid Solutions [FR Doc. 02–20970 Filed 8–16–02; 8:45 am] BILLING CODE 6450–01–P Subcommittee Draft Report will be BILLING CODE 6450–01–P
VerDate Aug<2,>2002 13:32 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\FR\FM\19AUN1.SGM pfrm15 PsN: 19AUN1 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Notices 53789
DEPARTMENT OF ENERGY Reference Room or may be viewed on and interventions may be filed the Commission’s website at http:// electronically via the Internet in lieu of Federal Energy Regulatory www.ferc.gov using the ‘‘FERRIS’’ link. paper; see 18 CFR 385.2001(a)(1)(iii) Commission Enter the docket number excluding the and the instructions on the [Docket No. EL02–118–000] last three digits in the docket number Commission’s web site under the ‘‘e- field to access the document. For Filing’’ link. The Commission strongly GenPower Anderson, LLC, FPL Energy Assistance, call (202) 502–8222 or for encourages electronic filings. Anderson, LLC, and Mountain Creek TTY, (202) 208–1659. The answer to the Comment Date: August 23, 2002. 2001 Trust, Complainants, v. Duke complaint, comments, protests and Linwood A. Watson, Jr., Energy Corporation and Duke Electric interventions may be filed electronically Transmission, Respondents; Notice of via the Internet in lieu of paper; see 18 Deputy Secretary. Complaint CFR 385.2001(a)(1)(iii) and the [FR Doc. 02–20982 Filed 8–16–02; 8:45 am] instructions on the Commission’s web BILLING CODE 6717–01–P August 13, 2002. site under the ‘‘e-Filing’’ link. The Take notice that on August 12, 2002, Commission strongly encourages Gen Power Anderson, LLC, FPL Energy electronic filings. ENVIRONMENTAL PROTECTION Anderson, LLC and Mountain Creek AGENCY 2001 Trust (together, Complainants) Linwood A. Watson, Jr., submitted a Complaint against Duke Deputy Secretary. [OPPT–2002–0036; FRL–7188–2] Energy Corporation and Duke Electric [FR Doc. 02–20981 Filed 8–16–02; 8:45 am] Reporting and Recordkeeping Transmission (together, Duke) as BILLING CODE 6717–01–P Requirements under EPA’s Hospitals transmission provider. In the Complaint, Complainants allege for a Healthy Environment (H2E) Program; Request for Comment on that Duke has violated Section 205 of DEPARTMENT OF ENERGY the Federal Power Act (FPA) by New Information Collection Activity attempting to collect payments under an Federal Energy Regulatory AGENCY: Environmental Protection interconnection Letter Agreement that Commission Agency (EPA). Duke has not filed with the Federal [Docket No. ER02–2437–000] ACTION: Notice. Energy Regulatory Commission, by continuing to assess new and additional Virginia Electric and Power Company; SUMMARY: In compliance with the charges under the unfiled Letter Notice of Filing Paperwork Reduction Act (PRA) (44 Agreement after a stop work request by U.S.C. 3501 et seq.), EPA is seeking GenPower Anderson, LLC and August 13, 2002. public comment on the following expiration of the unfiled Letter Take notice that on July 29, 2002, Information Collection Request (ICR): Agreement, and by attempting to collect Virginia Electric and Power Company d/ Reporting and Recordkeeping payments greater than the maximum b/a/ Dominion Virginia Power tendered Requirements under EPA’s Hospitals for allowed by the unfiled Letter for filing to revise a job title set forth in a Healthy Environment (H2E) Program Agreement. Complainants request that Attachment N to Virginia Electric and (EPA ICR No. TBD; OMB Control No. the Commission direct Duke to cease Power Company’s FERC Electric Tariff, 2070–TBD). This ICR involves a new and desist attempting to collect Second Revised Volume No. 5 (OATT) collection activity not currently payments under the unfiled Letter addressing Dominion Virginia Power’s approved by OMB. The information Agreement and direct Duke to refund Generator Interconnection Procedures. collected under this ICR relates to payments obtained by Duke that are not Any person desiring to intervene or to recordkeeping and reporting as part of a authorized by the unfiled Letter protest this filing should file with the voluntary program to help hospitals Agreement together with time-value Federal Energy Regulatory Commission, enhance work place safety, reduce waste refunds. 888 First Street, NE., Washington, DC and waste disposal costs, and become Copies of the Complaint were served 20426, in accordance with Rules 211 better environmental stewards and via e-mail, facsimile and overnight mail and 214 of the Commission’s Rules of neighbors. Before submitting this ICR to on Duke and via e-mail and messenger Practice and Procedure (18 CFR 385.211 the Office of Management and Budget on counsel for Duke. and 385.214). Protests will be (OMB) for review and approval under Any person desiring to be heard or to considered by the Commission in the PRA, EPA is soliciting comments on protest this filing should file with the determining the appropriate action to be specific aspects of the collection. Federal Energy Regulatory Commission, taken, but will not serve to make 888 First Street, NE., Washington, DC protestants parties to the proceeding. DATES: Written comments, identified by 20426, in accordance with Rules 211 Any person wishing to become a party the docket ID number OPPT–2002– and 214 of the Commission’s Rules of must file a motion to intervene. All such 0036, must be received on or before Practice and Procedure (18 CFR 385.211 motions or protests should be filed on October 18, 2002. and 385.214). Protests will be or before the comment date, and, to the ADDRESSES: Comments may be considered by the Commission in extent applicable, must be served on the submitted by mail, electronically, or in determining the appropriate action to be applicant and on any other person person. Please follow the detailed taken, but will not serve to make designated on the official service list. instructions for each method as protestants parties to the proceeding. This filing is available for review at the provided in Unit III. of the Any person wishing to become a party Commission or may be viewed on the SUPPLEMENTARY INFORMATION. To ensure must file a motion to intervene. The Commission’s web site at http:// proper receipt by EPA, it is imperative answer to the complaint and all www.ferc.gov, using the ‘‘FERRIS’’ link. that you identify docket ID number comments, interventions or protests Enter the docket number excluding the OPPT–2002–0036 in the subject line on must be filed on or before August 22, last three digits in the docket number the first page of your response. 2002. This filing is available for review filed to access the document. For FOR FURTHER INFORMATION CONTACT: For at the Commission in the Public assistance, call (202) 508–8222. Protests general information contact: Barbara
VerDate Aug<2,>2002 13:32 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\19AUN1.SGM pfrm15 PsN: 19AUN1 53790 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Notices
Cunningham, Acting Director, technical person listed under FOR 1. By mail. Submit your comments to: Environmental Assistance Division FURTHER INFORMATION CONTACT. Document Control Office (7407M), (7408M), Office of Pollution Prevention Office of Pollution Prevention and II. How Can I Get Additional and Toxics, Environmental Protection Toxics (OPPT), Environmental Information, Including Copies of this Agency, 1200 Pennsylvania Ave., NW., Protection Agency, 1200 Pennsylvania Document and Other Related Washington, DC 20460; telephone Ave., NW., Washington, DC 20460. Documents? number: (202) 554–1404; e-mail address: 2. In person or by courier. Deliver [email protected]. A. Electronically your comments to: OPPT Document For technical information contact: You may obtain electronic copies of Control Office (DCO) in EPA East Laura Nazef, Pollution Prevention this document, and certain other related Building Rm. 6428, 1201 Constitution Division (7409M), Office of Pollution documents that might be available Ave., NW., Washington, DC. The DCO is Prevention and Toxics, Environmental electronically, from the EPA Internet open from 8 a.m. to 4 p.m., Monday Protection Agency, 1200 Pennsylvania Home Page at http://www.epa.gov/. On through Friday, excluding legal Ave., NW., Washington, DC 20460; the Home Page select ‘‘Laws and holidays. The telephone number for the telephone number: (202) 564–7523; fax Regulations,’’ ‘‘Regulations and DCO is (202) 564–8930. number: (202) 564–8899; e-mail address: Proposed Rules,’’ and then look up the 3. Electronically. Submit your [email protected]. entry for this document under the comments and/or data electronically by SUPPLEMENTARY INFORMATION: ‘‘Federal Register—Environmental e-mail to: [email protected], or mail I. Does this Action Apply to Me? Documents.’’ You can also go directly to your computer disk to the address identified in Units III.A.1. and 2. Do not You may be potentially affected by the Federal Register listings at http:// submit any information electronically this action if you are an establishment www.epa.gov/fedrgstr/. that you consider to be CBI. Electronic or organization engaged in furnishing B. Fax-on-Demand comments must be submitted as an medical, surgical, or other health Using a faxphone call (202) 564–3119 ASCII file avoiding the use of special services to individuals. Potentially and select item 4097 for a copy of the characters and any form of encryption. affected categories and entities may ICR. Comments and data will also be include, but are not limited to: C. In Person accepted on standard disks in Type of business NAICS codes WordPerfect 6.1/8.0 or ASCII file The Agency has established an official format. All comments in electronic form Offices of physicians 6211 record for this action under docket ID must be identified by docket ID number Offices of dentists 6212 number OPPT–2002–0036. The official OPPT–2002–0036. Electronic comments Outpatient care cen- 6214 record consists of the documents may also be filed online at many Federal ters specifically referenced in this action, Depository Libraries. Medical and diag- 6215 any public comments received during nostic laboratories an applicable comment period, and B. How Should I Handle CBI that I Want Home health care 6216 other information related to this action, to Submit to the Agency? services General medical and 6221 including any information claimed as Do not submit any information surgical hospitals Confidential Business Information (CBI). electronically that you consider to be Psychiatric and sub- 6222 This official record includes the CBI. You may claim information that stance abuse hos- documents that are physically located in you submit to EPA in response to this pitals the docket, as well as the documents document as CBI by marking any part or Nursing care facilities 6231 that are referenced in those documents. all of that information as CBI. Residential mental re- 6232 The public version of the official record Information so marked will not be tardation, mental does not include any information health, and sub- disclosed except in accordance with stance abuse facili- claimed as CBI. The public version of procedures set forth in 40 CFR part 2. ties the official record, which includes In addition to one complete version of Community care fa- 6233 printed, paper versions of any electronic the comment that includes any cilities for the elder- comments submitted during an information claimed as CBI, a copy of ly applicable comment period, is available the comment that does not contain the Grantmaking and giv- 8132 for inspection in the TSCA information claimed as CBI must be ing services Nonconfidential Information Center, Social advocacy orga- 8133 submitted for inclusion in the public North East Mall Rm. B–607, Waterside version of the official record. nizations Mall, 401 M St., SW., Washington, DC. Civic and social orga- 8134 Information not marked confidential nizations The Center is open from noon to 4 p.m., will be included in the public version Monday through Friday, excluding legal of the official record without prior This table is not intended to be holidays. The telephone number for the notice. If you have any questions about exhaustive, but rather provides a guide Center is (202) 260–7099. CBI or the procedures for claiming CBI, for readers regarding entities likely to be III. How Can I Respond to this Action? please consult the technical person affected by this action. Other types of listed under FOR FURTHER INFORMATION entities not listed in this table could A. How and to Whom Do I Submit the CONTACT. also be affected. The North American Comments? C. What Should I Consider when I Industrial Classification System You may submit comments through Prepare My Comments for EPA? (NAICS) codes are provided to assist the mail, in person, or electronically. To you and others in determining whether ensure proper receipt by EPA, it is You may find the following or not this action might apply to certain imperative that you identify docket ID suggestions helpful for preparing your entities. If you have any questions number OPPT–2002–0036 on the comments: regarding the applicability of this action subject line on the first page of your 1. Explain your views as clearly as to a particular entity, consult the response. possible.
VerDate Aug<2,>2002 13:32 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 E:\FR\FM\19AUN1.SGM pfrm15 PsN: 19AUN1 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Notices 53791
2. Describe any assumptions that you the collection instruments or and providing information; adjust the used. instructions, in the Federal Register existing ways to comply with any 3. Provide copies of any technical notices for related rulemakings and ICR previously applicable instructions and information and/or data you used that notices, and, if the collection is requirements; train personnel to be able support your views. contained in a regulation, in a table of to respond to a collection of 4. If you estimate potential burden or OMB approval numbers in 40 CFR part information; search data sources; costs, explain how you arrived at the 9. complete and review the collection of estimate that you provide. Abstract: The Hospitals for a Healthy information; and transmit or otherwise Environment (H2E) program is a 5. Provide specific examples to disclose the information. illustrate your concerns. voluntary partnership program jointly 6. Offer alternative ways to improve administered by EPA and the American The ICR provides a detailed the collection activity. Hospital Association (AHA) that helps explanation of this estimate, which is 7. Make sure to submit your hospitals enhance work place safety, only briefly summarized in this notice. comments by the deadline in this reduce waste and waste disposal costs, The annual public burden for this notice. and become better environmental collection of information is estimated to 8. To ensure proper receipt by EPA, stewards and neighbors. The program is range between 0.5 and 20 hours per be sure to identify the docket ID number based on a 1998 Memorandum of response, depending upon the type of assigned to this action in the subject Understanding signed by AHA and EPA information the respondent provides. line on the first page of your response. to provide health care professionals The following is a summary of the You may also provide the name, date, with the tools and information estimates taken from the ICR: and Federal Register citation. necessary to reduce mercury waste, reduce the overall volume of waste, and Respondents/affected entities: 550. D. What Information is EPA Particularly identify pollution prevention Frequency of response: Annually. Interested in? opportunities. Estimated average number of Pursuant to section 3506(c)(2)(A) of The H2E program has two elements, responses for each respondent: 1. the PRA, EPA specifically solicits the Partners for Change Program and the comments and information to enable it Champions for Change Program. The Estimated total annual burden hours: to: Partners for Change Program recognizes 10,110. 1. Evaluate whether the proposed health care facilities that pledge support Estimated total annual burden costs: collections of information are necessary to the H2E mission and develop goals $343,765. for the proper performance of the for reducing waste and mercury in their functions of the Agency, including own facilities. The Champions for VI. Are There Changes in the Estimates whether the information will have Change Program recognizes from the Last Approval? practical utility. organizations that encourage and aid No. This is a new proposed ICR. 2. Evaluate the accuracy of the health care facilities to participate as Agency’s estimates of the burdens of the H2E partners, provide on-going VII. What is the Next Step in the proposed collections of information. promotional or technical assistance Process for this ICR? 3. Enhance the quality, utility, and information, or make changes that clarity of the information to be support the goals of the H2E program in EPA will consider the comments collected. their own institutions. An organization’s received and amend the ICR as 4. Minimize the burden of the decision to participate in the H2E appropriate. The final ICR package will collections of information on those who program is completely voluntary. then be submitted to OMB for review are to respond, including through the This information collection addresses and approval pursuant to 5 CFR use of appropriate automated or reporting and recordkeeping activities 1320.12. EPA will issue another Federal electronic collection technologies or that support the administration of the Register notice pursuant to 5 CFR other forms of information technology, H2E program. Responses to the 1320.5(a)(1)(iv) to announce the e.g., permitting electronic submission of collection of information are voluntary. submission of the ICR to OMB and the responses. Respondents may claim all or part of a opportunity to submit additional notice confidential. EPA will disclose IV. What Information Collection comments to OMB. If you have any information that is covered by a claim questions about this ICR or the approval Activity or ICR Does this Action Apply of confidentiality only to the extent process, please contact the technical to? permitted by, and in accordance with, person listed under FOR FURTHER EPA is seeking comments on the the procedures in TSCA section 14 and following ICR: 40 CFR part 2. INFORMATION CONTACT. Title: Reporting and Recordkeeping List of Subjects Requirements under EPA’s Hospitals for V. What are EPA’s Burden and Cost a Healthy Environment (H2E) Program. Estimates for this ICR? Environmental protection, Reporting ICR numbers: EPA ICR No. TBD, OMB Under the PRA, ‘‘burden’’ means the and recordkeeping requirements. No. 2070–TBD. total time, effort, or financial resources ICR status: This ICR is a new expended by persons to generate, Dated: August 8, 2002. proposed information collection that maintain, retain, or disclose or provide Susan B. Hazen, has not been approved by OMB. An information to or for a Federal Agency. Acting Assistant Administrator for Agency may not conduct or sponsor, For this collection it includes the time Prevention, Pesticides and Toxic Substances. and a person is not required to respond needed to review instructions; develop, to a collection of information that is acquire, install, and utilize technology [FR Doc. 02–20992 Filed 8–16–02; 8:45 am] subject to approval under PRA, unless it and systems for the purposes of BILLING CODE 6560–50–S displays a currently valid OMB control collecting, validating, and verifying number. The OMB control numbers for information, processing and EPA’s information collections appear on maintaining information, and disclosing
VerDate Aug<2,>2002 13:32 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\FR\FM\19AUN1.SGM pfrm15 PsN: 19AUN1 53792 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Notices
ENVIRONMENTAL PROTECTION SUPPLEMENTARY INFORMATION: documents that are physically located in the docket, as well as the documents AGENCY I. Does this Action Apply to Me? that are referenced in those documents. [OPPT–2002–0048; FRL–7192–7] You may be potentially affected by The public version of the official record this action if you are a company that Notification of Chemical Exports - does not include any information exports or engages in wholesale sales of TSCA Section 12(b); Request for claimed as CBI. The public version of chemical substances or mixtures. Comment on Renewal of Information the official record, which includes Potentially affected categories and Collection Activities printed, paper versions of any electronic entities may include, but are not limited comments submitted during an AGENCY: Environmental Protection to: applicable comment period, is available Agency (EPA). for inspection in the TSCA ACTION: Notice. Type of business NAICS codes Nonconfidential Information Center, Chemical manufac- 325 North East Mall Rm. B–607, Waterside SUMMARY: In compliance with the Mall, 401 M St., SW., Washington, DC. Paperwork Reduction Act (PRA) (44 turing Petroleum refineries 32411 The Center is open from noon to 4 p.m., U.S.C. 3501 et seq.), EPA is seeking Monday through Friday, excluding legal public comment on the following This table is not intended to be holidays. The telephone number for the Information Collection Request (ICR): exhaustive, but rather provides a guide Center is (202) 260–7099. Notification of Chemical Exports - TSCA for readers regarding entities likely to be Section 12(b) (EPA ICR No. 0795.11, III. How Can I Respond to this Action? affected by this action. Other types of OMB Control No. 2070–0030). This ICR entities not listed in this table could A. How and to Whom Do I Submit the involves a collection activity that is also be affected. The North American Comments? currently approved and scheduled to Industrial Classification System expire on January 31, 2003. The You may submit comments through (NAICS) codes are provided to assist information collected under this ICR the mail, in person, or electronically. To you and others in determining whether relates to reporting requirements found ensure proper receipt by EPA, it is or not this action might apply to certain at 40 CFR part 707, subpart D, with imperative that you identify docket ID entities. If you have any questions respect to companies exporting certain number OPPT–2002–0048 on the regarding the applicability of this action chemicals from the United States to subject line on the first page of your to a particular entity, consult the foreign countries. Before submitting this response. technical person listed under FOR ICR to the Office of Management and 1. By mail. Submit your comments to: FURTHER INFORMATION CONTACT. Budget (OMB) for review and approval Document Control Office (7407M), under the PRA, EPA is soliciting II. How Can I Get Additional Office of Pollution Prevention and comments on specific aspects of the Information, Including Copies of this Toxics (OPPT), Environmental collection. Document and Other Related Protection Agency, 1200 Pennsylvania Documents? Ave., NW., Washington, DC 20460. DATES: Written comments, identified by 2. In person or by courier. Deliver the docket ID number OPPT–2002– A. Electronically your comments to: OPPT Document 0048, must be received on or before You may obtain electronic copies of Control Office (DCO) in EPA East October 18, 2002. this document, and certain other related Building Rm. 6428, 1201 Constitution ADDRESSES: Comments may be documents that might be available Ave., NW., Washington, DC. The DCO is submitted by mail, electronically, or in electronically, from the EPA Internet open from 8 a.m. to 4 p.m., Monday person. Please follow the detailed Home Page at http://www.epa.gov/. On through Friday, excluding legal instructions for each method as the Home Page select ‘‘Laws and holidays. The telephone number for the provided in Unit III. of the Regulations,’’ ‘‘Regulations and DCO is (202) 564–8930. SUPPLEMENTARY INFORMATION. To ensure Proposed Rules,’’ and then look up the 3. Electronically. Submit your proper receipt by EPA, it is imperative entry for this document under the comments and/or data electronically by that you identify docket ID number ‘‘Federal Register—Environmental e-mail to: [email protected], or mail OPPT–2002–0048 in the subject line on Documents.’’ You can also go directly to your computer disk to the address the first page of your response. the Federal Register listings at http:// identified in Units III.A.1. and 2. Do not FOR FURTHER INFORMATION CONTACT: For www.epa.gov/fedrgstr/. submit any information electronically general information contact: Barbara that you consider to be CBI. Electronic Cunningham, Acting Director, B. Fax-on-Demand comments must be submitted as an Environmental Assistance Division Using a faxphone call (202) 564–3119 ASCII file avoiding the use of special (7408M), Office of Pollution Prevention and select item 4098 for a copy of the characters and any form of encryption. and Toxics, Environmental Protection ICR. Comments and data will also be Agency, 1200 Pennsylvania Ave., NW., accepted on standard disks in C. In Person Washington, DC 20460; telephone WordPerfect 6.1/8.0 or ASCII file number: (202) 554–1404; e-mail address: The Agency has established an official format. All comments in electronic form [email protected]. record for this action under docket ID must be identified by docket ID number For technical information contact: number OPPT–2002–0048. The official OPPT–2002–0048. Electronic comments Keith Cronin, Chemical Control record consists of the documents may also be filed online at many Federal Division (7405M), Office of Pollution specifically referenced in this action, Depository Libraries. Prevention and Toxics, Environmental any public comments received during Protection Agency, 1200 Pennsylvania an applicable comment period, and B. How Should I Handle CBI that I Want Ave., NW., Washington, DC 20460; other information related to this action, to Submit to the Agency? telephone number: (202) 564–8102; fax including any information claimed as Do not submit any information number: (202) 564–4775; e-mail address: Confidential Business Information (CBI). electronically that you consider to be [email protected]. This official record includes the CBI. You may claim information that
VerDate Aug<2,>2002 13:32 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 E:\FR\FM\19AUN1.SGM pfrm15 PsN: 19AUN1 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Notices 53793
you submit to EPA in response to this 4. Minimize the burden of the and systems for the purposes of document as CBI by marking any part or collections of information on those who collecting, validating, and verifying all of that information as CBI. are to respond, including through the information, processing and Information so marked will not be use of appropriate automated or maintaining information, and disclosing disclosed except in accordance with electronic collection technologies or and providing information; adjust the procedures set forth in 40 CFR part 2. other forms of information technology, existing ways to comply with any In addition to one complete version of e.g., permitting electronic submission of previously applicable instructions and the comment that includes any responses. requirements; train personnel to be able information claimed as CBI, a copy of to respond to a collection of IV. What Information Collection the comment that does not contain the information; search data sources; Activity or ICR Does this Action Apply information claimed as CBI must be complete and review the collection of to? submitted for inclusion in the public information; and transmit or otherwise version of the official record. EPA is seeking comments on the disclose the information. Information not marked confidential following ICR: The ICR provides a detailed will be included in the public version Title: Notification of Chemical explanation of this estimate, which is of the official record without prior Exports - TSCA Section 12(b). only briefly summarized in this notice. notice. If you have any questions about ICR numbers: EPA ICR No. 0795.11, The annual public burden for this CBI or the procedures for claiming CBI, OMB Control No. 2070–0030. collection of information is estimated to please consult the technical person ICR status: This ICR is currently average 0.993 hours per response. The scheduled to expire on January 31, listed under FOR FURTHER INFORMATION following is a summary of the estimates 2003. An Agency may not conduct or CONTACT. taken from the ICR: sponsor, and a person is not required to Respondents/affected entities: C. What Should I Consider when I respond to a collection of information Respondents or affected entities are Prepare My Comments for EPA? that is subject to approval under PRA, expected to include companies that You may find the following unless it displays a currently valid OMB export from the United States to foreign suggestions helpful for preparing your control number. The OMB control countries, or that engage in wholesale comments: numbers for EPA’s information sales of, chemical substances or 1. Explain your views as clearly as collections appear on the collection mixtures. possible. instruments or instructions, in the Estimated total number of potential 2. Describe any assumptions that you Federal Register notices for related respondents: 500. used. rulemakings and ICR notices, and, if the Frequency of response: Annually. 3. Provide copies of any technical collection is contained in a regulation, Estimated average number of information and/or data you used that in a table of OMB approval numbers in responses for each respondent: 15. support your views. 40 CFR part 9. Estimated total annual burden hours: 4. If you estimate potential burden or Abstract: Section 12(b)(2) of the Toxic 7,450. costs, explain how you arrived at the Substances Control Act (TSCA) requires Estimated total annual burden costs: estimate that you provide. that any person who exports or intends $452,055. to export to a foreign country a chemical 5. Provide specific examples to VI. Are There Changes in the Estimates substance or mixture that is regulated illustrate your concerns. from the Last Approval? 6. Offer alternative ways to improve under TSCA sections 4, 5, 6, and/or 7 the collection activity. submit to EPA notification of such There is a decrease of 2,950 hours 7. Make sure to submit your export or intent to export. Upon receipt (from 10,400 hours to 7,450 hours) in comments by the deadline in this of notification, EPA will advise the the total estimated respondent burden notice. government of the importing country of compared with that identified in the 8. To ensure proper receipt by EPA, the United States regulatory action with information collection request most be sure to identify the docket ID number respect to that substance. EPA uses the recently approved by OMB. This change assigned to this action in the subject information obtained from the submitter reflects EPA’s experience over the past line on the first page of your response. via this collection to advise the 3 years, in which there has been an You may also provide the name, date, government of the importing country. increase in the number of reporting and Federal Register citation. Responses to the collection of firms but a decrease in the number of information are mandatory (see 40 CFR notices per firm than anticipated at the D. What Information is EPA Particularly part 707). Respondents may claim all or time of the last approval of this Interested in? part of a document confidential. EPA information collection. The net result is Pursuant to section 3506(c)(2)(A) of will disclose information that is covered a decrease in burden hours the PRA, EPA specifically solicits by a claim of confidentiality only to the (adjustment). comments and information to enable it extent permitted by, and in accordance VII. What is the Next Step in the to: with, the procedures in TSCA section 14 Process for this ICR? 1. Evaluate whether the proposed and 40 CFR part 2. collections of information are necessary EPA will consider the comments for the proper performance of the V. What are EPA’s Burden and Cost received and amend the ICR as functions of the Agency, including Estimates for this ICR? appropriate. The final ICR package will whether the information will have Under the PRA, ‘‘burden’’ means the then be submitted to OMB for review practical utility. total time, effort, or financial resources and approval pursuant to 5 CFR 2. Evaluate the accuracy of the expended by persons to generate, 1320.12. EPA will issue another Federal Agency’s estimates of the burdens of the maintain, retain, or disclose or provide Register notice pursuant to 5 CFR proposed collections of information. information to or for a Federal Agency. 1320.5(a)(1)(iv) to announce the 3. Enhance the quality, utility, and For this collection it includes the time submission of the ICR to OMB and the clarity of the information to be needed to review instructions; develop, opportunity to submit additional collected. acquire, install, and utilize technology comments to OMB. If you have any
VerDate Aug<2,>2002 13:32 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 E:\FR\FM\19AUN1.SGM pfrm15 PsN: 19AUN1 53794 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Notices
questions about this ICR or the approval OPPT–2002–0050 and the specific PMN the TSCA Nonconfidential Information process, please contact the technical number in the subject line on the first Center, North East Mall Rm. B– 607, person listed under FOR FURTHER page of your response. Waterside Mall, 401 M St., SW., INFORMATION CONTACT. FOR FURTHER INFORMATION CONTACT: Washington, DC. The Center is open from noon to 4 p.m., Monday through List of Subjects Barbara Cunningham, Director, Office of Program Management and Evaluation, Friday, excluding legal holidays. The Environmental protection, Reporting Office of Pollution Prevention and telephone number of the Center is (202) and recordkeeping requirements. Toxics (7401), Environmental Protection 260–7099. Agency, 1200 Pennsylvania Ave., NW., Dated: August 8, 2002. C. How and to Whom Do I Submit Washington, DC 20460; telephone Comments? Susan B. Hazen, number: (202) 554–1404; e-mail address: Acting Assistant Administrator for [email protected]. You may submit comments through Prevention, Pesticides and Toxic Substances. the mail, in person, or electronically. To SUPPLEMENTARY INFORMATION: [FR Doc. 02–20993 Filed 8–16–02; 8:45 am] ensure proper receipt by EPA, it is I. General Information imperative that you identify docket ID BILLING CODE 6560–50–S number OPPT–2002–0050 and the A. Does this Action Apply to Me? specific PMN number in the subject line This action is directed to the public ENVIRONMENTAL PROTECTION on the first page of your response. in general. As such, the Agency has not AGENCY 1. By mail. Submit your comments to: attempted to describe the specific Document Control Office (7407), Office [OPPT–2002–0050; FRL–7195–6] entities that this action may apply to. of Pollution Prevention and Toxics Although others may be affected, this (OPPT), Environmental Protection Certain New Chemicals; Receipt and action applies directly to the submitter Agency, 1200 Pennsylvania Ave., NW., Status Information of the premanufacture notices addressed Washington, DC 20460. AGENCY: Environmental Protection in the action. If you have any questions 2. In person or by courier. Deliver Agency (EPA). regarding the applicability of this action your comments to: OPPT Document to a particular entity, consult the person Control Office (DCO) in EPA East ACTION: Notice. listed under FOR FURTHER INFORMATION Building Rm. 6428, 1201 Constitution SUMMARY: Section 5 of the Toxic CONTACT. Ave., NW., Washington, DC. The DCO is open from 8 a.m. to 4 p.m., Monday Substances Control Act (TSCA) requires B. How Can I Get Additional through Friday, excluding legal any person who intends to manufacture Information, Including Copies of this holidays. The telephone number for the (defined by statute to include import) a Document and Other Related DCO is (202) 564–8930. new chemical (i.e., a chemical not on Documents? the TSCA Inventory) to notify EPA and 3. Electronically. You may submit comply with the statutory provisions 1. Electronically. You may obtain your comments electronically by e-mail pertaining to the manufacture of new copies of this document and certain to: ‘‘[email protected],’’ or mail your chemicals. Under sections 5(d)(2) and other available documents from the EPA computer disk to the address identified 5(d)(3) of TSCA, EPA is required to Internet Home Page at http:// in this unit. Do not submit any publish a notice of receipt of a www.epa.gov/. On the Home Page select information electronically that you premanufacture notice (PMN) or an ‘‘Laws and Regulations’’,’’ Regulations consider to be CBI. Electronic comments application for a test marketing and Proposed Rules, and then look up must be submitted as an ASCII file exemption (TME), and to publish the entry for this document under the avoiding the use of special characters periodic status reports on the chemicals ‘‘Federal Register—Environmental and any form of encryption. Comments under review and the receipt of notices Documents.’’ You can also go directly to and data will also be accepted on of commencement to manufacture those the Federal Register listings at http:// standard disks in WordPerfect 6.1/8.0 or chemicals. This status report, which www.epa.gov/fedrgstr/. ASCII file format. All comments in 2. In person. The Agency has covers the period from July 8, 2002 to electronic form must be identified by established an official record for this July 22, 2002, consists of the PMNs docket ID number OPPT–2002–0050 action under docket ID number OPPT– pending or expired, and the notices of and the specific PMN number. 2002–0050. The official record consists commencement to manufacture a new Electronic comments may also be filed of the documents specifically referenced chemical that the Agency has received online at many Federal Depository in this action, any public comments under TSCA section 5 during this time Libraries. received during an applicable comment period. The ‘‘S’’ and ‘‘G’’ that precede period, and other information related to D. How Should I Handle CBI that I Want the chemical names denote whether the this action, including any information to Submit to the Agency? chemical idenity is specific or generic. claimed as confidential business Do not submit any information DATES: Comments identified by the information (CBI). This official record electronically that you consider to be docket ID number OPPT–2002–0050 includes the documents that are CBI. You may claim information that and the specific PMN number, must be physically located in the docket, as well you submit to EPA in response to this received on or before September 18, as the documents that are referenced in document as CBI by marking any part or 2002. those documents. The public version of all of that information as CBI. ADDRESSES: Comments may be the official record does not include any Information so marked will not be submitted by mail, electronically, or in information claimed as CBI. The public disclosed except in accordance with person. Please follow the detailed version of the official record, which procedures set forth in 40 CFR part 2. instructions for each method as includes printed, paper versions of any In addition to one complete version of provided in Unit I. of the electronic comments submitted during the comment that includes any SUPPLEMENTARY INFORMATION. To ensure an applicable comment period, any test information claimed as CBI, a copy of proper receipt by EPA, it is imperative data submitted by the Manufacturer/ the comment that does not contain the that you identify docket ID number Importer is available for inspection in information claimed as CBI must be
VerDate Aug<2,>2002 13:32 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 E:\FR\FM\19AUN1.SGM pfrm15 PsN: 19AUN1 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Notices 53795
submitted for inclusion in the public 7. Make sure to submit your chemical that the Agency has received version of the official record. comments by the deadline in this under TSCA section 5 during this time Information not marked confidential document. period. will be included in the public version 8. To ensure proper receipt by EPA, III. Receipt and Status Report for PMNs of the official record without prior be sure to identify the docket ID number notice. If you have any questions about assigned to this action in the subject This status report identifies the PMNs CBI or the procedures for claiming CBI, line on the first page of your response. pending or expired, and the notices of please consult the person listed under You may also provide the name, date, commencement to manufacture a new FOR FURTHER INFORMATION CONTACT. and Federal Register citation. chemical that the Agency has received under TSCA section 5 during this time E. What Should I Consider as I Prepare II. Why is EPA Taking this Action? period. If you are interested in My Comments for EPA? Section 5 of TSCA requires any information that is not included in the You may find the following person who intends to manufacture following tables, you may contact EPA suggestions helpful for preparing your (defined by statute to include import) a as described in Unit II. to access comments: new chemical (i.e., a chemical not on additional non-CBI information that 1. Explain your views as clearly as the TSCA Inventory to notify EPA and may be available. The ‘‘S’’ and ‘‘G’’ that possible. comply with the statutory provisions precede the chemical names denote 2. Describe any assumptions that you pertaining to the manufacture of new whether the chemical idenity is specific used. chemicals. Under sections 5(d)(2) and or generic. 5(d)(3) of TSCA, EPA is required to In table I, EPA provides the following 3. Provide copies of any technical publish a notice of receipt of a PMN or information (to the extent that such information and/or data you used that an application for a TME and to publish information is not claimed as CBI) on support your views. periodic status reports on the chemicals the PMNs received by EPA during this 4. If you estimate potential burden or under review and the receipt of notices period: the EPA case number assigned costs, explain how you arrived at the of commencement to manufacture those to the PMN; the date the PMN was estimate that you provide. chemicals. This status report, which received by EPA; the projected end date 5. Provide specific examples to covers the period from July 8, 2002 to for EPA’s review of the PMN; the illustrate your concerns. July 22, 2002, consists of the PMNs submitting manufacturer; the potential 6. Offer alternative ways to improve pending or expired, and the notices of uses identified by the manufacturer in the notice or collection activity. commencement to manufacture a new the PMN; and the chemical identity.
I. 22 PREMANUFACTURE NOTICES RECEIVED FROM: 07/08/02 TO 07/22/02
Projected Case No. Received Notice Manufacturer/Importer Use Chemical Date End Date
P–02–0822 07/09/02 10/07/02 Reichhold, Inc. (G) Coating resin (G) Modified polyester of terephthalic acid, ethylene glycol and neopentyl glycol P–02–0823 07/09/02 10/07/02 CBI (S) Urethane foam catalyst (G) Tertiary amine carboxylic acid salt P–02–0824 07/09/02 10/07/02 Reichhold, Inc. (G) Coating resin (G) Modified polyester of terephthalic acid, ethylene glycol and neopentyl glycol P–02–0825 07/09/02 10/07/02 CBI (G) Catalyst (G) Tertiary amine P–02–0826 07/12/02 10/10/02 Apex Advanced Tech- (G) Lubricant and surface agent for (S) Octadecanoic acid, compd. with nologies, LLC metal forming and injection mold- guanidine (1:1) ing. P–02–0827 07/12/02 10/10/02 CIBA Specialty Chemi- (S) Light stabilizer for coatings and (G) Bisacylphosphinoxide cals Corporation adhesives P–02–0828 07/12/02 10/10/02 NA Industries, Inc. (G) Concrete admixture (G) Polyether derivative P–02–0829 07/15/02 10/13/02 Nagase America Cor- (G) Additive for lubricants (G) Molybdenum dithio carbamate poration P–02–0830 07/16/02 10/14/02 Cognis Corporation (G) Synthetic fiber additive (S) Oxirane, methyl-, polymer with oxirane, didodecanoate P–02–0831 07/16/02 10/14/02 GE silicones (S) Intermediate (G) Crosslinked alkyl silicone P–02–0832 07/16/02 10/14/02 Jowat Corp. (G) Wood bonding (G) Polyurethane prepolymers P–02–0833 07/17/02 10/15/02 CIBA Specialty Chemi- (S) Polymerization initiator and regu- (G) Aromatic ether derivative cals Corporation lator for thermoplastics and elastomers P–02–0834 07/17/02 10/15/02 CBI (G) Open, non-dispersive (resin) (G) Blocked cycloaliphatic polyisocyanate P–02–0835 07/17/02 10/15/02 CBI (S) Resin for spray applied coatings (G) Polyester modified polyurethane amine salted P–02–0836 07/17/02 10/15/02 U.S. Paint Corporation (G) Resin for coating (G) Polymer of: butyl methacrylate, ethylene glycol dimethacrylate, 2- hydroxypropyl methacrylate, divinylbenzene, ethylvinylbenzene P–02–0837 07/17/02 10/15/02 U.s. paint corporation (G) Resin for coating (G) Polymer of: 2,3-epoxypropyl neodecanoate, cyclohexyl meth- acrylate, acrylic acid
VerDate Aug<2,>2002 13:32 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 E:\FR\FM\19AUN1.SGM pfrm15 PsN: 19AUN1 53796 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Notices
I. 22 PREMANUFACTURE NOTICES RECEIVED FROM: 07/08/02 TO 07/22/02—Continued
Projected Case No. Received Notice Manufacturer/Importer Use Chemical Date End Date
P–02–0838 07/17/02 10/15/02 CBI (G) Synthetic industrial lubricant for (G) Dipentaerythritol ester of contained use branched and linear fatty acids P–02–0839 07/18/02 10/16/02 CBI (G) Open non-dispersive (G) Modified acrylic polymer P–02–0840 07/19/02 10/17/02 Cook Composites and (G) Additive for plastic resins (G) 2-propenoic acid, 2-methyl-[2- Polymers Co. ethyl-2[[2-hydroxy-3-[(2-methyl-1- oxo]propoxy]methyl]-1,3- alkanediyl]bis[oxy(2-hydroxy-3,1- alkanediyl) ester P–02–0841 07/18/02 10/16/02 CBI (S) Brominated epoxy resin prereact (G) Brominated epoxy resin for making resins for impregnating fiber reinforcement; fabrication processing aid P–02–0842 07/19/02 10/17/02 The Dow Chemical (S) Uv curable binder for coatings (G) Solid uv-curable resin Company P–02–0843 07/19/02 10/17/02 The Dow Chemical (S) Uv curable binder for coatings (G) Solid uv-curable resin Company
In table II, EPA provides the following the Notices of Commencement to information (to the extent that such manufacture received: information is not claimed as CBI) on
II. 21 NOTICES OF COMMENCEMENT FROM: 07/08/02 TO 07/22/02
Commencement/ Case No. Received Date Import Date Chemical
P–01–0332 07/11/02 06/17/02 (G) Cathodic epoxy dispersion resin P–01–0333 07/11/02 06/17/02 (G) Cathodic epoxy dispersion resin P–01–0820 07/12/02 07/05/02 (G) Urethane acrylate P–02–0124 07/15/02 06/25/02 (G) Aminoacrylic polymer P–02–0125 07/15/02 06/25/02 (G) Dialkylamine hydrochloride salt P–02–0247 07/10/02 06/26/02 (G) Modified polyurethane resin P–02–0248 07/16/02 06/02/02 (S) 1-hexanol, 3-mercapto, 1-acetate P–02–0250 07/10/02 06/04/02 (G) Acrylic copolymer P–02–0266 07/09/02 06/19/02 (G) Phenol, 4,4’-(1-methylethylidene)bis, polymer with (chloromethyl)oxirane, re- action products with an epoxy resin and octahydro-4,7-methano-1h- indenedimethanamine P–02–0329 07/17/02 06/28/02 (G) Fatty acid polyethyleneimine condensate polymer P–02–0331 07/18/02 06/06/02 (S) 1,3-benzenedicarboxylic acid, polymer with 5-amino-1,3,3- trimethylcyclohexanemethanamine, hexanedioic acid, 1,6-hexanediol, 3-hy- droxy-2-(hydroxymethyl)-2-methylpropanoic acid and 1,1’-methylenebis [4- isocyanatocyclohexane], compd. with n,n-diethylethanamine P–02–0334 07/10/02 06/10/02 (G) Modified phenolic resin P–02–0335 07/17/02 07/08/02 (S) 2-propenoic acid, 2-methyl-, polymer with n-(1,1-dimethyl-3-oxobutyl)-2- propenamide, ethyl 2-propenoate and methyl 2-methyl-2-propenoate, ammo- nium salt P–02–0342 07/10/02 06/04/02 (G) Polyester resin P–02–0392 07/19/02 06/24/02 (S) Poly[oxy(methyl-1,2-ethanediyl)],alpha-[[[3- (trimethoxysilyl)propyl]amino]carbonyl]-omega-[[[[3- (trimethoxysilyl)propyl]amino]carbonyl]oxy]- P–02–0412 07/10/02 06/21/02 (G) Epoxy resin ester P–02–0490 07/17/02 06/23/02 (G) C14-18 fatty acids, calcium salts P–02–0503 07/18/02 06/26/02 (G) Aromatic urethane P–02–0504 07/18/02 07/09/02 (G) Aromatic aminoether P–02–0514 07/05/02 07/05/02 (G) Diethoxybenzenamine derivative, diazotized, coupled with aminonaphthalenesulfonic acid derivative, ammonium salt P–93–0401 07/16/02 06/26/02 (G) Polyurethane polyacrylate polymethacrylate
VerDate Aug<2,>2002 13:32 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 E:\FR\FM\19AUN1.SGM pfrm15 PsN: 19AUN1 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Notices 53797
List of Subjects Northern Mariana Islands (FEMA–1430– All areas within the Commonwealth Environmental protection, Chemicals, DR), dated August 6, 2002, and related of the Northern Mariana Islands are Premanufacturer notices. determinations. eligible to apply for assistance under the EFFECTIVE DATE: August 6, 2002. Hazard Mitigation Grant Program. Dated: August 12, 2002. FOR FURTHER INFORMATION CONTACT: Rich (The following Catalog of Federal Domestic Sandra R. Wilkins, Robuck, Response and Recovery Assistance Numbers (CFDA) are to be used Directorate, Federal Emergency for reporting and drawing funds: 83.537, Acting Director, Information Management Management Agency, Washington, DC Community Disaster Loans; 83.538, Cora Division, Office of Pollution Prevention and Brown Fund Program; 83.539, Crisis Toxics. 20472, (202) 646–2705 or Counseling; 83.540, Disaster Legal Services [email protected]. [FR Doc. 02–20991 Filed 8–16–02; 8:45 am] Program; 83.541, Disaster Unemployment SUPPLEMENTARY INFORMATION: Notice is Assistance (DUA); 83.542, Fire Suppression BILLING CODE 6560–50–S hereby given that, in a letter dated Assistance; 83.543, Individual and Family August 6, 2002, the President declared Grant (IFG) Program; 83.544, Public Assistance Grants; 83.545, Disaster Housing a major disaster under the authority of Program; 83.548, Hazard Mitigation Grant FEDERAL COMMUNICATIONS the Robert T. Stafford Disaster Relief COMMISSION Program.) and Emergency Assistance Act, 42 Joe M. Allbaugh, [Report No. 2568] U.S.C. 5121–5206 (Stafford Act), as Director. follows: Petitions for Reconsideration of Action [FR Doc. 02–20960 Filed 8–16–02; 8:45 am] I have determined that the damage in BILLING CODE 6718–02–P in Rulemaking Proceeding certain areas of the Commonwealth of the Northern Mariana Islands, resulting from August 9, 2002. Typhoon Chata’an on July 4–5, 2002, is of Petitions for Reconsideration have sufficient severity and magnitude to warrant FEDERAL RESERVE SYSTEM been filed in the Commission’s a major disaster declaration under the Robert rulemaking proceeding listed in this T. Stafford Disaster Relief and Emergency Agency Information Collection Public Notice and published pursuant to Assistance Act, 42 U.S.C. 5121–5206 Activities: Proposed Collection; 47 CFR Section 1.429(e). The full text of (Stafford Act). I, therefore, declare that such Comment Request this document is available for viewing a major disaster exists in the Commonwealth of the Northern Mariana Islands. AGENCY: Board of Governors of the and copying in Room CY–A257, 445 In order to provide Federal assistance, you Federal Reserve System 12th Street, SW., Washington, DC or are hereby authorized to allocate from funds ACTION: Notice may be purchased from the available for these purposes, such amounts as Commission’s copy contractor, Qualex you find necessary for Federal disaster SUMMARY: Background. On June 15, International (202) 863–2893. assistance and administrative expenses. 1984, the Office of Management and Oppositions to these petitions must be You are authorized to provide Public Budget (OMB) delegated to the Board of filed by September 3, 2002. See Section Assistance in the designated areas, and Governors of the Federal Reserve 1.4(b)(1) of the Commission’s rules (47 Hazard Mitigation throughout the System (Board) its approval authority Commonwealth, and any other forms of CFR 1.4(b)(1)). Replies to an opposition assistance under the Stafford Act you may under the Paperwork Reduction Act, as must be filed within 10 days after the deem appropriate. Consistent with the per 5 CFR 1320.16, to approve of and time for filing oppositions has expired. requirement that Federal assistance be assign OMB control numbers to Subject: In the Matter of Amendment supplemental, any Federal funds provided collection of information requests and of Parts of the Commission’s Rules to under the Stafford Act for Public Assistance requirements conducted or sponsored Permit Operation of NGSO FSS Systems and Hazard Mitigation will be limited to 75 by the Board under conditions set forth Co-Frequency With GSO and Terrestrial percent of the total eligible costs. If in 5 CFR 1320 Appendix A.1. Board– Systems in the KU-Band Frequency Individual Assistance is later requested and approved collections of information are Range (ET Docket No. 98–206, RM– warranted, Federal funds provided under incorporated into the official OMB that program will also be limited to 75 9147, RM–9245). percent of the total eligible costs. You are inventory of currently approved Number of Petitions Filed: 7. authorized to make adjustments as warranted collections of information. Copies of the OMB 83–I’s and supporting statements Marlene H. Dortch, to the non-Federal cost shares as provided under the Insular Areas Act, 48 U.S.C. and approved collection of information Secretary. 1469a(d). instruments are placed into OMB’s [FR Doc. 02–20926 Filed 8–16–02; 8:45 am] Further, you are authorized to make public docket files. The Federal Reserve BILLING CODE 6712–01–M changes to this declaration to the extent may not conduct or sponsor, and the allowable under the Stafford Act. respondent is not required to respond Notice is hereby given that pursuant to, an information collection that has FEDERAL EMERGENCY to the authority vested in the Director of been extended, revised, or implemented MANAGEMENT AGENCY the Federal Emergency Management on or after October 1, 1995, unless it Agency under Executive Order 12148, I displays a currently valid OMB control [FEMA–1430–DR] hereby appoint William L. Carwile, III of number. Northern Mariana Islands; Major the Federal Emergency Management Request for comment on information Disaster and Related Determinations Agency to act as the Federal collection proposals. The following Coordinating Officer for this declared information collections, which are being AGENCY: Federal Emergency disaster. handled under this delegated authority, Management Agency (FEMA). I do hereby determine the following have received initial Board approval ACTION: Notice. area within the Commonwealth of the and are hereby published for comment. Northern Mariana Islands to have been At the end of the comment period, the SUMMARY: This is a notice of the affected adversely by this declared proposed information collections, along Presidential declaration of a major major disaster: Island of Rota for Public with an analysis of comments and disaster for the Commonwealth of the Assistance. recommendations received, will be
VerDate Aug<2,>2002 13:32 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 E:\FR\FM\19AUN1.SGM pfrm15 PsN: 19AUN1 53798 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Notices
submitted to the Board for final Capria Mitchell (202) 872–4984, Board which includes data from U.S. nonbank approval under OMB delegated of Governors of the Federal Reserve subsidiaries held directly by a foreign authority. Comments are invited on the System, Washington, DC 20551. parent (i.e., not through a U.S. bank following: SUPPLEMENTARY INFORMATION: holding company (BHC) or financial a. whether the proposed collections of holding company (FHC)), from the FR information are necessary for the proper Proposal to Approve Under OMB Y–7 and require these entities to file the performance of the Federal Reserve’s Delegated Authority the Extension For new FR Y–7N or FR Y–7NS); functions; including whether the Three Years, With Revision, the (3) Update the eligibility requirements information has practical utility; Following Reports: for qualifying foreign banking b. the accuracy of the Federal 1. Report title: Reports of Foreign organizations (QFBO’s) in accordance Reserve’s estimate of the burden of the Banking Organizations with recent revisions to Regulation K; proposed information collections, Agency form number: FR Y–7 (and (4) Remove Report Items 6 and 7 from including the validity of the proposed FR Y–7N, FR Y–7NS, and FR the FR Y–7 pertaining to Financial methodology and assumptions used; Y–7Q) Statements of Unconsolidated Majority– c. ways to enhance the quality, utility, OMB control number: 7100–0125 Owned Related Subsidiaries and and clarity of the information to be Frequency: Quarterly and annually Financial Data on Unconsolidated collected; and Reporters: Foreign banking Minority–Owned Related Companies, d. ways to minimize the burden of organizations (FBO’s) respectively; and information collections on respondents, Annual reporting hours: 5,920 hours (5) Provide other technical revisions including through the use of automated Estimated average hours per response: to the FR Y–7 form and instructions to collection techniques or other forms of FR Y–7: 3.25 hours, ensure consistency with other reporting information technology. FR Y–7N (quarterly): 6 hours, forms, and reorder the sequence of the DATES: Comments must be submitted on FR Y–7N (annual): 6 hours, form to facilitate reporting. In addition, the Federal Reserve or before October 18, 2002. FR Y–7NS: 1 hour, FR Y–7Q (annual): 1 hour, proposes to implement the following ADDRESSES: Comments should be FR Y–7Q (quarterly): 1.25 hours information collections: mailed to Ms. Jennifer J. Johnson, Number of respondents: (1) Capital and Asset Report for Secretary, Board of Governors of the FR Y–7: 327, Foreign Banking Organizations (FR Y– Federal Reserve System, 20th Street and FR Y–7N (quarterly): 128, 7Q) – This report would collect Constitution Avenue, N.W., FR Y–7N (annual): 195, consolidated regulatory capital Washington, D.C. 20551, or mailed FR Y–7NS: 184, information from all FBO’s either electronically to FR Y–7Q (annual):301, quarterly or annually. FBO’s that have [email protected]. FR Y–7Q (quarterly): 26 effectively elected to become financial Comments addressed to Ms. Johnson Small businesses are affected. holding companies (FHC’s) will be may also be delivered to the Board’s General description of report: This required to file the FR Y–7Q on a mail facility in the West Courtyard information collection is mandatory (12 quarterly basis. All other FBO’s (those between 8:45 a.m. and 5:15 p.m., U.S.C. §§ 601–604a, 611–631, 1844(c), that have not elected to become FHCs) located on 21st Street between 3106, and 3108(a)). Confidential would file the FR Y–7Q annually. Constitution Avenue and C Street, N.W. treatment is not routinely given to the (2) Financial Statements of U.S. Members of the public may inspect data in these reports. However, Nonbank Subsidiaries Held by Foreign comments in Room MP–500 of the confidential treatment for the reporting Banking Organizations (FR Y–7N) and Martin Building between 9:00 a.m. and information, in whole or in part, can be Abbreviated Financial Statements of 5:00 p.m. on weekdays pursuant to § requested in accordance with the U.S. Nonbank Subsidiaries Held by 261.12, except as provided in § 261.14, instructions to the form, pursuant to Foreign Banking Organizations (FR Y– of the Board’s Rules Regarding sections (b)(4) and (b)(6) of the Freedom 7NS) – The FR Y–7N report would Availability of Information, 12 CFR of Information Act [5 U.S.C. §§ 522(b)(4) collect nonbank financial information 261.12 and 261.14. and (b)(6)]. similar to information currently A copy of the comments may also be Abstract: The FR Y–7 is an annual collected from U.S. BHC’s for their submitted to the OMB desk officer for report filed by all FBO’s that engage in nonbank activities. The FR Y–7N would the Board: Joseph F. Lackey, Office of banking in the United States, either be collected from significant nonbank Information and Regulatory Affairs, directly or indirectly, to update their subsidiaries and would be filed Office of Management and Budget, New financial and organizational quarterly or annually based on total Executive Office Building, Room 10235, information. The Federal Reserve uses assets and other reporting criteria. Washington, DC 20503. information to assess an FBO’s ability to Other, smaller respondents would file FOR FURTHER INFORMATION CONTACT: A be a continuing source of strength to its the FR Y–7NS, an abbreviated report copy of the proposed form and U.S. banking operations and to with only four items. instructions, the Paperwork Reduction determine compliance with U.S. laws In a change from current NFIS Act Submission (OMB 83–I), supporting and regulations. reporting, consolidation of reporters statement, and other documents that Current actions: The Federal Reserve would not be permitted on the Y–7N will be placed into OMB’s public docket proposes the following revisions to the and the Y–7NS. In the past, the Federal files once approved may be requested FR Y–7: Reserve has found that the from the agency clearance officer, whose (1) Remove the risk–based capital consolidation rules contribute to name appears below. Mary M. West, reporting, Report Item 1.B., from the FR inaccurate data collection and raise Federal Reserve Board Clearance Officer Y–7 report and require FBO’s to report processing issues. However, since a (202–452–3829), Division of Research risk–based capital information on the majority of reporters in the current and Statistics, Board of Governors of the new Capital and Asset Report for FBO’s panel would be exempt from reporting Federal Reserve System, Washington, (FR Y–7Q). altogether, the removal of the DC 20551. Telecommunications Device (2) Remove the Nonbank Financial consolidation option should not pose a for the Deaf (TDD) users may contact Information Summary (NFIS) report, material burden on reporters.
VerDate Aug<2,>2002 13:32 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 E:\FR\FM\19AUN1.SGM pfrm15 PsN: 19AUN1 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Notices 53799
Also, functionally regulated1 capital, and a memoranda section. The would be filed by the top–tier BHC for subsidiaries and merchant banking FR Y–11I is filed annually by top–tier more significant nonbank subsidiaries investments would be exempt from bank holding companies for each of quarterly or annually based on total reporting on the FR Y–7N and FR Y– their nonbank subsidiaries that are not assets and other reporting criteria. The 7NS. Provisions of the Gramm–Leach– required to file a quarterly FR Y–11Q. new Abbreviated Financial Statements Bliley Act direct that the Federal The FR Y–11I report consists of similar of U.S. Nonbank Subsidiaries of U.S. Reserve must first rely on reports and balance sheet, income statement, off– Bank Holding Companies (FR Y–11S) information provided by the primary balance–sheet, and change in equity report would comprise only four functional regulators for functionally capital information that is included on financial data items: net income, total regulated subsidiaries. the FR Y–11Q. However, some of the assets, total equity capital, and total off– The proposed implementation date items on the FR Y–11I are collected in balance–sheet items. This report would for all of the FR Y–7 changes is a less detailed manner. In addition, the be filed by the top–tier BHC for smaller December 31, 2002. FR Y–11I also includes a loan schedule nonbank subsidiaries. to be submitted only by respondents The proposed reporting changes 2. Report title: Financial Statements of engaged in extending credit. would introduce more uniformity to U.S. Nonbank Subsidiaries of U.S. Bank Current actions: The Federal Reserve several aspects of reporting Holding Companies proposes to revise the FR Y–11Q and requirements for nonbank subsidiaries Agency form number: FR Y–11Q and retitle the report as the Financial and reduce regulatory burden. The FR Y–11I (proposed FR Y–11, FR Y– Statements of U.S. Nonbank proposed implementation date for all of 11S) Subsidiaries of U.S. Bank Holding the FR Y–11 changes is December 31, OMB control number: 7100–0244 Companies (FR Y–11). The Federal 2002. Frequency: Quarterly and annually Reserve also proposes to eliminate the Also, functionally regulated Reporters: Bank holding companies Annual Financial Statements of subsidiaries and merchant banking (BHC’s) Nonbank Subsidiaries of Bank Holding investments would be exempt from Annual reporting hours: 23,809 hours Companies (FR Y–11I) and replace it reporting on the FR Y–11 and FR Y– Estimated average hours per response: with a new abbreviated annual report, 11S. Provisions of the Gramm–Leach– FR Y–11 (quarterly): 6 hours, the Abbreviated Financial Statements of Bliley Act direct that the Federal FR Y–11 (annual): 6 hours, U.S. Nonbank Subsidiaries of U.S. Bank Reserve must first rely on reports and FR Y–11S (annual): 1 hour Holding Companies (FR Y–11S). information provided by the primary Number of respondents: The Federal Reserve proposes to functional regulators for functionally FR Y–11 (quarterly): 843, streamline the existing nonbank regulated subsidiaries. FR Y–11 (annual): 488, subsidiary reporting framework for all FR Y–11S (annual): 649 non–functionally–regulated2 nonbank 3. Report title: Financial Statements of Small businesses are affected. subsidiaries. The revised framework Foreign Subsidiaries of U.S. Banking General description of report: This would both provide essential Organizations information collection is mandatory (12 information to supervise and regulate Agency form number: FR 2314 a, b, U.S.C. §§ 1844(b) and (c) and 12 CFR non–functionally–regulated subsidiaries and c (proposed FR 2314 and FR 2314S) 225.5(b)). Confidential treatment is not and reduce the burden on the industry. OMB control number: 7100–0073 routinely given to the data in these The proposed framework affects U.S. Frequency: Quarterly and annually reports. However, confidential treatment nonbank subsidiaries held by a U.S. Reporters: Foreign subsidiaries of U.S. for the reporting information, in whole bank holding company. Proposed state member banks, bank holding or in part, can be requested in revisions include: companies, and Edge or agreement accordance with the instructions to the (1) Implementing a uniform reporting corporations form, pursuant to sections (b)(4) and form for all nonbank subsidiary filers; Annual reporting hours: 5,087 hours (b)(6) of the Freedom of Information Act (2) Reducing the burden by increasing Estimated average hours per response: [5 U.S.C. §§ 522(b)(4) and (b)(6)]. or establishing consistent filing FR Y–2314 (quarterly): 6 hours, Abstract: The FR Y–11Q is filed thresholds for all nonbank subsidiary FR Y–2314 (annual): 6 hours, quarterly by top–tier bank holding filers; FR Y–2314S (annual): 1 hour companies for each nonbank subsidiary (3) Establishing filing thresholds for Number of respondents: of a bank holding company with total reporters, consistent with risk–focused FR Y–2314 (quarterly): 123, consolidated assets of $150 million or supervision, based on asset size and off– FR Y–2314 (annual): 300, more in which the nonbank subsidiary balance–sheet activity (absolute FR Y–2314S (annual): 335 has total assets of 5 percent or more of measures), plus operating revenues and Small businesses are not affected. the top–tier bank holding company’s equity capital (relative measures); and General description of report: This consolidated Tier 1 capital, or where the (4) Eliminating reporting for the information collection is mandatory (12 nonbank subsidiary’s total operating smallest filers. U.S.C. §§ 324, 602, 625, and 1844). FR revenue equals 5 percent or more of the The FR Y–11Q would be retitled as 2314 data are exempt from disclosure top–tier bank holding company’s the Financial Statements of U.S. pursuant to Sections (b)(4) and (b)(8) of consolidated total operating revenue. Nonbank Subsidiaries of U.S. Bank the Freedom of Information Act (5 The report consists of a balance sheet, Holding Companies (FR Y–11). This U.S.C. §552(b)(4) and (8)).3 income statement, off–balance–sheet proposed form would collect nonbank Abstract: The FR 2314 reports are items, information on changes in equity subsidiary financial information and collected from U.S. member banks, Edge and agreement corporations, and BHC’s 1 The term ‘‘functionally regulated’’ nonbank 2 As distinguished from the term ‘‘functionally for their direct or indirect foreign subsidiaries are entities where the primary regulator regulated’’ nonbank subsidiaries, which are entities is an organization other than the Federal Reserve, in which the primary regulator is an organization subsidiaries. Separate reports are namely the Securities and Exchange Commission, other than the Federal Reserve, namely the Commodity Futures Trading Commission, state Securities and Exchange Commission, Commodity 3 Please see the FR 2314 ‘‘Current actions’’ section insurance commissioners, or state securities Futures Trading Commission, state insurance for the proposed change to confidentiality departments. commissioners, or state securities departments. treatment.
VerDate Aug<2,>2002 13:32 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 E:\FR\FM\19AUN1.SGM pfrm15 PsN: 19AUN1 53800 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Notices
required for most subsidiaries, although non–functionally–regulated4 nonbank Also, functionally regulated they may consolidate affiliates that are subsidiaries5 will also have an effect on subsidiaries and merchant banking principally engaged in a similar line of existing FR 2314 reporters (not just investments would be exempt from business and that are located in the those that are nonbanks). The revised reporting on the FR 2314 and FR 2314S. same country. Newly established or framework would both provide essential Provisions of the Gramm–Leach–Bliley acquired foreign subsidiaries are added information to supervise and regulate Act direct that the Federal Reserve must to the reporting panel on a flow basis. non–functionally–regulated subsidiaries first rely on reports and information The parent organization files the FR and reduce the burden on the industry. provided by the primary functional 2314a for their significant foreign The proposed framework affects foreign regulators for functionally regulated subsidiaries (those with at least $2 subsidiaries held by a U.S. bank holding subsidiaries. billion in total assets or $5 billion in company or U.S. bank (FR 2314 a, b, In a change from current FR 2314 off–balance–sheet activity) quarterly and c). Proposed revisions include: reporting, consolidation of reporters and file the FR 2314a, b, or c annually (1) Implementing a reporting form would not be permitted on the FR 2314 for their other foreign subsidiaries as of that is consistent with the proposed and the FR 2314S. In the past, the December 31. Subsidiaries with total form for domestic nonbank subsidiary Federal Reserve has found that the assets exceeding $250 million must be filers; consolidation rules contribute to reported on the FR 2314a. Subsidiaries (2) Reducing the burden by increasing inaccurate data collection and raise with total assets between $50 million or establishing filing thresholds that are processing issues. However, since a and $250 million must be reported the consistent with those proposed for majority of reporters in the current FR 2314b. Subsidiaries with total assets domestic nonbank subsidiary filers; panel would be exempt from reporting less than $50 million must be reported (3) Establishing filing thresholds for altogether, the removal of the on the FR 2314c. For nominee and reporters, consistent with risk–focused consolidation option should not pose a inactive companies with total assets less supervision, based on asset size and off– material burden on reporters. than $1 million, the parent must balance–sheet activity (absolute Also, in accord with the accounting provide only the name, location, and measures), plus operating revenues and basis for all other regulatory reports equity capital (relative measures); total assets of the company; the FR filed with the Federal Reserve, the (4) Allowing no consolidation among 2314c may be used for this purpose, or reporting basis for the FR 2314 would be filers; and the information may be transmitted in revised to specifically instruct (5) Eliminating reporting for the respondents to follow U.S. generally letter format. smallest filers. The FR 2314a collects information on accepted accounting principles (GAAP). The FR 2314a would be retitled as the The Federal Reserve proposes that assets and liabilities and includes Financial Statements of Foreign data collected on the FR 2314 reports no several memoranda items on contingent Subsidiaries of U.S. Banking longer be given confidential treatment liabilities and twelve supporting Organizations (FR 2314). This proposed and made available to the public. The schedules. The supporting schedules form would collect financial Federal Reserve proposes this change in provide detail on cash and balances due information and would be filed by more treatment for consistency with public from depository institutions, securities, significant subsidiaries quarterly or disclosure requirements of other loans and lease financing receivables, annually based on total assets and other financial reports and believes that the other assets, claims on related reporting criteria. The Abbreviated concern of competitive disadvantage organizations, deposits, other liabilities, Financial Statements of Foreign relative to their foreign corporate liabilities to related organizations, Subsidiaries of U.S. Banking counterparts is no longer a prevalent changes in capital and reserve accounts, Organizations (FR 2314S) report would issue. However, the Federal Reserve income and expenses, assets held in comprise only four financial data items: may grant confidential treatment for the trading accounts, and past due and net income, total assets, total equity reporting information, in whole or in nonaccrual loans and leases. The FR capital, and total off–balance–sheet part, on a case–by–case basis if justified 2314b collects somewhat less items. These are the same four financial by the respondent. The Federal Reserve information on assets and liabilities, data items currently collected as part of requests specific comment on this off–balance–sheet items, income and the current FR 2314c. This report would proposed change. expenses, and securities. The FR 2314c be filed by the top–tier BHC or parent Board of Governors of the Federal is a brief, one–page report that collects organization of smaller subsidiaries. Reserve System, August 14, 2002. information on total assets, equity The proposed reporting changes capital, net income, and off–balance– would introduce more uniformity to Robert deV. Frierson, sheet items. several aspects of reporting Deputy Secretary of the Board. Current actions: The Federal Reserve requirements for subsidiaries and [FR Doc. 02–21017 Filed 8–16–02; 8:45 am] proposes to revise and retitle the FR reduce regulatory burden. The proposed BILLING CODE 6210–01–S 2314a as the Financial Statements of implementation date for all of the FR Foreign Subsidiaries of U.S. Banking 2314 changes is December 31, 2002. Organizations (FR 2314). FEDERAL RESERVE SYSTEM The FR 2314c would be revised and 4 As distinguished from the term ‘‘functionally retitled as the Abbreviated Financial regulated’’ nonbank subsidiaries, which are entities Change in Bank Control Notices; in which the primary regulator is an organization Acquisition of Shares of Bank or Bank Statements of Foreign Subsidiaries of other than the Federal Reserve, namely the U.S. Banking Organizations (FR 2314S). Securities and Exchange Commission, Commodity Holding Companies The FR 2314b the Report of Condition Futures Trading Commission, state insurance commissioners, or state securities departments. The notificants listed below have for Foreign Subsidiaries of U. S. Provisions of the Gramm–Leach–Bliley Act direct applied under the Change in Bank Banking Organizations would be that the Federal Reserve must first rely on reports Control Act (12 U.S.C. 1817(j)) and eliminated. and information provided by the primary regulator § 225.41 of the Board’s Regulation Y (12 The Federal Reserve’s proposal to for functionally regulated subsidiaries. 5 CFR 225.41) to acquire a bank or bank streamline the existing nonbank The use of the term nonbank subsidiaries includes foreign bank subsidiaries of U.S. BHC’s holding company. The factors that are subsidiary reporting framework for all that file the FR 2314 report. considered in acting on the notices are
VerDate Aug<2,>2002 13:32 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 E:\FR\FM\19AUN1.SGM pfrm15 PsN: 19AUN1 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Notices 53801
set forth in paragraph 7 of the Act (12 burden of the collection of information with respect to health care quality. The U.S.C. 1817(j)(7)). on respondents, including through the legislation mandated that the Agency for The notices are available for use of automated collection techniques Healthcare Research and Quality immediate inspection at the Federal or other forms of information (AHRQ) submit this report on an annual Reserve Bank indicated. The notices technology. basis beginning in 2003. The also will be available for inspection at Proposed Project: 1. Decisions, Preliminary Measure Set for the NHQR the office of the Board of Governors. Choices and Care Management Among was generated through a call for Interested persons may express their an Admissions Cohort of Privately measures to Federal agencies and views in writing to the Reserve Bank Insured Disabled Elders (Long Term private organizations. AHRQ issued a indicated for that notice or to the offices Care)—New—The Department’s Office call for measures to Federal agencies, of the Board of Governors. Comments of the Assistant Secretary for Planning through the Quality Interagency must be received not later than and Evaluation proposes to conduct a Coordination Task Force (QuIC), from September 3, 2002. study to better understand the October 2000–February 2001. The A. Federal Reserve Bank of Kansas circumstances or factors that motivate Institute of Medicine issued the call to City (Susan Zubradt, Assistant Vice elders who have purchased private long- private organizations from June–July President) 925 Grand Avenue, Kansas term care insurance policies to use 2000. An interagency Department of City, Missouri 64198–0001: services and file claims for benefits. The Health and Human Services (DHHS) 1. James Michael McAuley and purpose is to obtain a comprehensive working group then reviewed and Charlie Edward Blankenship; both of demographic, health and attitudinal revised the candidate measures. AHRQ Norman, Oklahoma, as trustees for the profile of individuals with private LTC and the interagency working group are Cynthia Ann Mayes Blankenship QSST; insurance policies. seeking comments on (1) the extent to the Catherine Suzanne Mayes McAuley Respondents: Individual. which the proposed measures meet the QSST; and the Mava Geraldine Mayes Number of Respondents Baseline criteria of importance, scientific Trust, to retain control of Consolidated Surveys: 1,650. soundness, and feasibility; (2) the Equity Corporation, Purcell, Oklahoma, Estimated burden per Response: 1.36 balance, comprehensiveness, and and thereby indirectly acquire control of hours. robustness of the overall measure set; First American Bank and Trust Burden for Baseline Surveys: 2,251 and (3) the appropriateness of the data Company, Purcell, Oklahoma. hours. sources. Board of Governors of the Federal Reserve Number of Responses for Follow-up System, August 14, 2002. Interview: 5,105. Comments Deadline Estimated Burden per Response: 288 Robert deV. Frierson, minutes. Written comments will be accepted by Deputy Secretary of the Board. Burden for Follow-up Interviews: September 18, 2002. For submission of [FR Doc. 02–21018 Filed 8–16–02; 8:45 am] 1,469. written comments and additional BILLING CODE 6210–01–S Total Number of Responses: 6,755. information: Ed Kelley, Ph.D., Senior Total Burden: 3,720 hours. Service Fellow, National Healthcare Send comments via e-mail to Quality Report, Center for Quality DEPARTMENT OF HEALTH AND [email protected] or mail to OS Improvement and Patient Safety, HUMAN SERVICES Reports Clearance Office, Room 503H, Agency for Healthcare Research and Huber H. Humphrey Building, 200 Quality, 6011 Executive Boulevard, Office of the Secretary Independence Avenue, SW., Suite 200, Rockville, MD 20852, Fax: Washington, DC 20201. Comments (301) 594–2155, E-mail: Agency Information Collection should be received within 60 days of [email protected]. Activities; Proposed Collections; this notice. Comment Request Availability of Preliminary Measure Set Dated: August 9, 2002. The Department of Health and Human Kerry Weems, Copies of the Preliminary Measure Set are available from the AHRQ Web site Services, Office of the Secretary will Deputy Assistant Secretary, Budget. periodically publish summaries of at: http://www.ahrg.gov/qual/ [FR Doc. 02–20937 Filed 8–16–02; 8:45 am] proposed information collections measurix.htm. For organizations projects and solicit public comments in BILLING CODE 4154–05–M without access to the Internet, AHRQ compliance with the requirements of will make a paper version available either through overnight mail or by fax section 3506(c)(2)(A) of the Paperwork DEPARTMENT OF HEALTH AND upon written request. Requests for paper Reduction Act of 1995. To request more HUMAN SERVICES information on the project or to obtain versions of the preliminary measure set a copy of the information collection Agency for Healthcare Research and should be faxed to the above number. plans and instruments, call the OS Quality Public Review of Comments Reports Clearance Office at (202) 619– 2118 or e-mail [email protected]. Preliminary Measure Set for the Comments and responses received Comments are invited on: (a) Whether National Healthcare Quality Report will be available for public inspection at the proposed collection of information AHRQ’s Information Resource Center is necessary for the proper performance Request for Comments (IRC) public reading room between the of the functions of the agency, including The Agency for Healthcare Research hours of 8:30 a.m. and 5 p.m. on regular whether the information shall have and Quality (AHRQ) announces a business days at 2101 East Jefferson practical utility; (b) the accuracy of the request for public comment on the Street, Suite 500, Rockville, MD 20852. agency’s estimate of the burden of the Preliminary Measure Set to be used in Arrangements for viewing public proposed collection of information; (c) preparing the first National Healthcare comments may be made by calling (301) ways to enhance the quality, utility and Quality Report (NHQR). The NHQR is a 594–6349. Responses may also be clarity of the information to be congressionally mandated report (see 42 accessed through AHRQ’s Electronic collected; and (d) ways to minimize the U.S.C. 299b–2(b)(2)) on national trends Freedom of Information Reading Room
VerDate Aug<2,>2002 13:32 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 E:\FR\FM\19AUN1.SGM pfrm15 PsN: 19AUN1 53802 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Notices
on AHRQ’s Web site at http:// Resources and Housing Branch, New The results of this ongoing evaluation www.ahrq.gov/news/foiaindx.htm. Executive Office Building, Room 10235, activity will be used to refine Dated: August 9, 2002. Washington, DC 20503. Written notification activities by standardizing Carolyn M. Clancy, comments should be received within 30 and streamlining written notification days of this notice. Acting Director. materials, and to develop materials Proposed Project: Evaluation of which are more readable, [FR Doc. 02–20920 Filed 8–6–02; 8:45 am] Worker Notification Program—New— understandable, and informative to BILLING CODE 4160–90–M The National Institute for Occupational notified workers, their families, and Safety and Health (NIOSH), Centers for other stakeholders. The findings from Disease Control and Prevention (CDC). DEPARTMENT OF HEALTH AND these evaluations may also allow the The mission of NIOSH is to promote HUMAN SERVICES NIOSH worker notification program to safety and health at work for all people help alleviate any negative impacts and Centers for Disease Control and through research and prevention. enhance any positive impacts of risk Prevention NIOSH routinely notifies subjects about communications. the results of epidemiologic studies and [30DAY–43–02] the implications of the results. The The objective of the Reader Response overall purpose of the proposed project Form, therefore, is to provide a Agency Forms Undergoing Paperwork structured reporting form which will Reduction Act Review is to gain insight into the effectiveness of NIOSH worker notification, in order capture the recipients’ responses The Centers for Disease Control and to improve the quality and usefulness of concerning the effectiveness of the Prevention (CDC) publishes a list of the Institute’s worker notification NIOSH notification efforts and their information collection requests under activities. Researchers from the NIOSH impact on workers and other review by the Office of Management and Division of Surveillance, Hazard stakeholders. Budget (OMB) in compliance with the Evaluations and Field Studies (DSHEFS) The average number of letter-type Paperwork Reduction Act (44 U.S.C. propose to provide notified workers notifications is estimated at 8,000 per Chapter 35). To request a copy of these with a Reader Response Form as an year. Each form is estimated to take less requests, call the CDC Reports Clearance evaluation instrument for routinely than 10 minutes to complete. The Officer at (404) 498–1210. Send written assessing individual letter notification annual burden for this data collection is comments to CDC, Desk Officer, Human materials sent to them by NIOSH. 1,333 hours.
Avg. burden Number of Number of per re- Respondents respondents responses/ sponse respondent (in hours)
Reader Response Form ...... 8000 1 10/60
Dated: August 9, 2002. The purpose of the program is to C. Funds Nancy E. Cheal, facilitate the development of an Acting Associate Director for Policy, Planning integrated national system of Centers for Approximately $642,842 is being and Evaluation, Centers for Disease Control Public Health Preparedness focused on awarded in FY 2002. The award will and Prevention. improving the capacity of the front-line begin on or about August 1, 2002 and [FR Doc. 02–20930 Filed 8–16–02; 8:45 am] public health worker to respond to will be made for a 12-month budget BILLING CODE 4163–18–P current, new and emerging public period within a one year project period. health threats. This program addresses D. Where To Obtain Additional the ‘‘Healthy People 2010’’ focus areas DEPARTMENT OF HEALTH AND Information of Public Health Infrastructure. HUMAN SERVICES Business management technical B. Eligible Applicant Centers for Disease Control and assistance may be obtained from: Prevention Assistance is provided only to the Sharon Robertson, Grants Management University of Georgia Center for Specialist, Acquisition and Assistance, Branch B, Procurement and Grants [Program Announcement 02158] Leadership in Education and Applied Research in Mass Destruction Defense. Office, Centers for Disease Control and University of Georgia Center for No other applications were solicited. Prevention, 2920 Brandywine Road, Leadership in Education and Applied The House of Representatives Room 3000, Atlanta, GA 30341–4146, Research in Mass Destruction Conference Report accompanying the Telephone number: 770–488–2748, Defense; Notice of Award of Funds Departments of Labor, Health and e-mail address: [email protected]. A. Purpose Human Services, and Education and Related Agencies Appropriation Bill For program technical assistance, The Centers for Disease Control and ending September 30, 2002, and For contact: Gail Williams, MPH, CHES, Prevention (CDC) announces the award Other Purposes (H.R. 3061, 107th Public Health Practice Program Office, of fiscal year (FY) 2002 funds for a Congress), recognized the University of Centers for Disease Control and cooperative agreement program for the Georgia’s unique qualifications for Prevention (CDC), 4770 Buford Hwy., University of Georgia Center for carrying out the activities specified in NE., Mailstop K–38, Atlanta, GA 30341– Leadership in Education and Applied this grant (H.R. Rep. 107–342). 3717, Telephone: (770) 488–8166. Research in Mass Destruction Defense (CLEARMADD).
VerDate Aug<2,>2002 13:32 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 E:\FR\FM\19AUN1.SGM pfrm15 PsN: 19AUN1 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Notices 53803
Dated: August 12, 2002. DEPARTMENT OF HEALTH AND cohort of 6,100 children who entered Sandra R. Manning, HUMAN SERVICES the child welfare system as a result of Director, Procurement and Grants Office, a CPS investigation between October Centers for Disease Control and Prevention. Administration for Children and 1999 and April 2001. Data were Families [FR Doc. 02–20947 Filed 8–16–02; 8:45 am] collected from the children themselves, their caregivers, their teachers, and their BILLING CODE 4163–18–P Submission for OMB Review; caseworkers at baseline, with follow-ups Comment Request at 12 and 18 months post-baseline. The Proposed Projects current request is to pursue a 36-month follow-up, essentially replicating the Title: National Survey of Child and measure that were used at baseline and Adolescent Well-Being. at the 18-month follow-up. OMB No.: 0970–0202. Description: This longitudinal survey Respondents: Children who are provides national estimates on the clients of the child welfare system, their characteristics related to children and primary caregivers, caseworkers, and fami8lies who enter the child welfare teachers. system. It has collected data from a Annual Burden Estimates:
Number of re- Average bur- Instrument Responses sponses per den hours per Total burden respondent respondent hours
Child interview ...... 5,491 1 1.63 8,950 Caregiver interview ...... 5,491 1 1.50 8,237 Caseworker Interview ...... 2,366 1 0.80 1,893 Caseworker Interview ...... 2,491 1 0.75 1,868
Estimated Total Annual Burden DEPARTMENT OF HEALTH AND Branch (HFA–305), Food and Drug Hours: 20,948. HUMAN SERVICES Administration, 5630 Fishers Lane, rm. Additional Information: Copies of the 1061, Rockville, MD 20852. All Food and Drug Administration proposed collection may be obtained by comments should be identified with the writing to the Administration for [Docket No. 02N–0355] docket number found in brackets in the heading of this document. Children and Families, Office of Agency Information Collection Administration, Office of Information FOR FURTHER INFORMATION CONTACT: Activities; Proposed Collection; Services, 370 L’Enfant Promenade, SW., Peggy Schlosburg, Office of Information Comment Request; Medical Device Washington, DC 20447, Attn: ACF Resources Management (HFA–250), Recall Authority Reports Clearance Officer. Food and Drug Administration, 5600 AGENCY: Food and Drug Administration, Fishers Lane, Rockville, MD 20857, OMB Comment: OMB is required to 301–827–1223. make a decision concerning the HHS. SUPPLEMENTARY INFORMATION: Under the collection of information between 30 ACTION: Notice. PRA (44 U.S.C. 3501–3520), Federal and 650 days after publication of this SUMMARY: The Food and Drug agencies must obtain approval from the document in the Federal Register. Administration (FDA) is announcing an Office of Management and Budget Therefore, a comment is best assured of opportunity for public comment on the (OMB) for each collection of having its full effect if OMB receives it proposed collection of certain information they conduct or sponsor. within 30 days of publication. Written information by the agency. Under the ‘‘Collection of information’’ is defined comments and recommendations for the Paperwork Reduction Act of 1995 (the in 44 U.S.C. 3502(3) and 5 CFR proposed information collection should PRA), Federal agencies are required to 1320.3(c) and includes agency requests be sent directly to the following: Office publish notice in the Federal Register or requirements that members of the of Management and Budget, Paperwork concerning each proposed collection of public submit reports, keep records, or Reduction Act, 725 17th Street, NW., information including each proposed provide information to a third party. Washington, DC 20503, Attn: Desk extension of an existing information Section 3506(c)(2)(A) of the PRA (44 Officer for ACF. collection, and to allow 60 days for U.S.C. 3506(c)(2)(A)) requires Federal public comment in response to the Dated: August 13, 2002. agencies to provide a 60-day notice in notice. This notice solicits comments on the Federal Register concerning each Robert Sargis, information collection requirements for proposed collection of information, Reports Clearance Officer. medical device recall authority. including each proposed extension of an [FR Doc. 02–20936 Filed 8–16–02; 8:45 am] DATES: Submit written or electronic existing collection of information, BILLING CODE 4184–01–M comments on the collection of before submitting the collection to OMB information by October 18, 2002. for approval. To comply with this ADDRESSES: Submit electronic requirement, FDA is publishing notice comments on the collection of of the proposed collection of information to http:// information set forth in this document. www.accessdata.fda.gov/scripts/oc/ With respect to the following dockets/edockethome.cfm. Submit collection of information, FDA invites written comments on the collection of comments on: (1) Whether the proposed information to the Dockets Management collection of information is necessary
VerDate Aug<2,>2002 13:32 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 E:\FR\FM\19AUN1.SGM pfrm15 PsN: 19AUN1 53804 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Notices
for the proper performance of FDA’s appropriate person, including of the device. Second, FDA will provide functions, including whether the manufacturers, importers, distributors, the person named in the cease information will have practical utility; and retailers of a device to immediately distribution and notification order with (2) the accuracy of FDA’s estimate of the cease distribution of such device, to the opportunity for an informal hearing burden of the proposed collection of immediately notify health professionals on whether the order should be information, including the validity of and device-user facilities of the order, modified, vacated, or amended to the methodology and assumptions used; and to instruct such professionals and require a mandatory recall of the device. (3) ways to enhance the quality, utility, facilities to cease use of such device, if Third, after providing the opportunity and clarity of the information to be FDA finds that there is reasonable for an informal hearing, FDA may issue collected; and (4) ways to minimize the probability that the device intended for a mandatory recall order if the agency burden of the collection of information human use would cause serious adverse determines that such an order is on respondents, including through the health consequences or death. necessary. use of automated collection techniques, Section 518(e) of the act sets out a The information collected under the when appropriate, and other forms of three-step procedure for issuance of a recall authority will be used by FDA to information technology. mandatory device recall order. First, if ensure that all devices entering the there is a reasonable probability that a market are safe and effective, to Medical Device Recall Authority—21 device intended for human use would accurately and immediately detect CFR Part 810 (OMB Control Number cause serious, adverse health serious problems with medical devices, 0910–0432—Extension) consequences or death, FDA may issue and to remove dangerous and defective This collection implements medical a cease distribution and notification devices from the market. device recall authority provisions under order requiring the appropriate person The respondents to this proposed section 518(e) of the Federal Food, Drug, to immediately: (a) Cease distribution of collection of information are and Cosmetic Act (the act) (21 U.S.C. the device, (b) notify health manufacturers, importers, distributors, 360h) and part 810 (21 CFR part 810). professionals and device user facilities and retailers of medical devices. Section 518(e) of the act gives FDA the of the order, and (c) instruct those FDA estimates the burden of this authority to issue an order requiring the professionals and facilities to cease use collection as follows:
TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1
Annual Frequency Total Annual 21 CFR Section No. of Respondents per Response Responses Hours per Response Total Hours
810.10(d) 2 1 2 8 16
810.11(a) 1 1 1 8 8
810.12(a) through (b) 1 1 1 8 8
810.14 2 1 2 16 32
810.15(a) through (d) 2 1 2 16 32
810.15(e) 10 1 10 1 10
810.16 2 12 24 40 960
810.17 2 1 2 8 16
Totals 1,082 1 There are no capital costs or operating and maintenance costs associated with this collection of information.
Explanation of Report Burden staff day (8 hours) to prepare this notify each health professional, user Estimate: request. facility, or individual of the order. The following estimates are based on 21 CFR 810.12(a) through (b)—Based 21 CFR 810.15 (e)—Based on its FDA’s experience with voluntary recalls on its experience in similar situations, experience with voluntary recalls, FDA under 21 CFR part 7. FDA expects no FDA expects that there will be only one estimates that there will be more than two mandatory recalls per written request for a review of cease approximately five consignees per recall year, as most recalls are done voluntary. distribution and notification order per (10 per year) who will be required to 21 CFR 810.10(d)—FDA estimates that year and that it will take approximately notify their consignees of the order. it will take approximately 8 hours for one staff day (8 hours) to prepare this FDA estimates it will take them about 1 the person named in a cease distribution request. hour to do so. and notification order to gather and 21 CFR 810.14——Based on its 21 CFR 810.16—FDA estimates that it submit the information required by this experience with voluntary recalls, FDA would take no more than one staff week section. The total annual burden is 16 estimates that it will take approximately (40 hours) to assemble and prepare a hours. two staff days (16 hours) to develop a written status report required by a recall 21 CFR 810.11(a)—Based on its strategy for complying with this order. (§ 810.16). The status reports are experience in similar situations, FDA 21 CFR 810.15 (a) through (d)—Based prepared by manufacturers 6 to 12 times expects that there will be only one on its experience with voluntary recalls, each year. Therefore, each manufacturer request for a regulatory hearing per year FDA estimates that it will take would spend no more than 480 hours and that it will take approximately one approximately 2 staff days (16 hours) to each year preparing status reports (40 x
VerDate Aug<2,>2002 13:32 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 E:\FR\FM\19AUN1.SGM pfrm15 PsN: 19AUN1 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Notices 53805
12). If there were two FDA invoked Dated: August 13, 2002. DEPARTMENT OF HEALTH AND recalls each year, the total burden hours Margaret M. Dotzel, HUMAN SERVICES would be estimated at 960 hours each Associate Commissioner for Policy. Food and Drug Administration year (480 x 2). [FR Doc. 02–20914 Filed 8–16–02; 8:45 am] 21 CFR 810.17—Based on its BILLING CODE 4160–01–S [Docket No. 02N–0354] experience with similar procedures, FDA estimates it would take one staff Agency Emergency Processing under day (8 hours) to draft a written request DEPARTMENT OF HEALTH AND OMB Review; The Evaluation of Long- for termination of a cease distribution HUMAN SERVICES Term Antibiotic Drug Therapy for and notification or mandatory recall Persons Involved in Anthrax order. Food and Drug Administration Remediation Activities Dated: August 13, 2002. AGENCY: Food and Drug Administration, Margaret M. Dotzel, [Docket No. 02N–0054] HHS. Associate Commissioner for Policy. ACTION: Notice. Agency Information Collection [FR Doc. 02–20916 Filed 8–16–02; 8:45 am] Activities; Announcement of OMB SUMMARY: The Food and Drug BILLING CODE 4160–01–S Approval; Labeling Requirements for Administration (FDA) is announcing Color Additives (Other Than Hair Dyes) that a proposed collection of DEPARTMENT OF HEALTH AND and Petitions information has been submitted to the HUMAN SERVICES Office of Management and Budget AGENCY: Food and Drug Administration, (OMB) for emergency processing under Food and Drug Administration HHS. the Paperwork Reduction Act of 1995 (the PRA). The proposed collection of ACTION: Notice. [Docket No. 02N–0052] information concerns the evaluation of approximately 1,200 people involved in Agency Information Collection SUMMARY: The Food and Drug the decontamination/cleanup Activities; Announcement of OMB Administration (FDA) is announcing (‘‘remediation’’) of various facilities Approval; Temporary Marketing Permit that a collection of information entitled contaminated with anthrax spores Applications ‘‘Labeling Requirements for Color during a terrorist event in the fall of Additives (Other Than Hair Dyes) and 2001. The 1,200 decontamination AGENCY: Food and Drug Administration, Petitions’’ has been approved by the workers have been on continuous HHS. Office of Management and Budget prophylactic antibiotics for greater than (OMB) under the Paperwork Reduction 60 days and FDA wants to evaluate ACTION: Notice. Act of 1995. these workers for adverse events that may have occurred in light of this FOR FURTHER INFORMATION CONTACT: SUMMARY: The Food and Drug prolonged drug exposure. Administration (FDA) is announcing Peggy Schlosburg, Office of Information DATES: Submit written comments on the that a collection of information entitled Resources Management (HFA–250), collection of information by September ‘‘Temporary Marketing Permit Food and Drug Administration, 5600 3, 2002. Applications’’ has been approved by the Fishers Lane, Rockville, MD 20857, ADDRESSES: Office of Management and Budget 301–827–1223. Submit written comments (OMB) under the Paperwork Reduction on the collection of information to the Act of 1995. SUPPLEMENTARY INFORMATION: In the Office of Information and Regulatory Federal Register of June 14, 2002 (67 Affairs, OMB, New Executive Office FOR FURTHER INFORMATION CONTACT: 40947), the agency announced that the Bldg., 725 17th St. NW., rm. 10235, Peggy Schlosburg, Office of Information proposed information collection had Washington, DC 20503, Attn: Stuart Resources Management (HFA–250), been submitted to OMB for review and Shapiro, Desk Officer for FDA. All Food and Drug Administration, 5600 clearance under 44 U.S.C. 3507. An comments should be identified with the Fishers Lane, Rockville, MD 20857, agency may not conduct or sponsor, and docket number found in brackets in the 301–827–1223. a person is not required to respond to, heading of this document. SUPPLEMENTARY INFORMATION: In the a collection of information unless it FOR FURTHER INFORMATION CONTACT: Federal Register of May 30, 2002 (67 displays a currently valid OMB control Peggy Schlosburg, Office of Information 37835), the agency announced that the number. OMB has now approved the Resources Management (HFA–250), proposed information collection had information collection and has assigned Food and Drug Administration, 5600 been submitted to OMB for review and OMB control number 0910–0185. The Fishers Lane, Rockville, MD 20857, clearance under 44 U.S.C. 3507. An approval expires on July 31, 2005. A 301–827–1223. agency may not conduct or sponsor, and copy of the supporting statement for this SUPPLEMENTARY INFORMATION: FDA has a person is not required to respond to, information collection is available on requested emergency processing of this a collection of information unless it the Internet at http://www.fda.gov/ proposed collection of information displays a currently valid OMB control ohrms/dockets. under section 3507(j) of the PRA (44 number. OMB has now approved the U.S.C. 3507(j) and 5 CFR 1320.13). The information collection and has assigned Dated: August 13, 2002. information is critical to the agency’s OMB control number 0910–0133. The Margaret M. Dotzel, mission in protecting the public health approval expires on July 31, 2005. A Associate Commissioner for Policy. and is needed prior to the expiration of copy of the supporting statement for this [FR Doc. 02–20918 Filed 8–16–02; 8:45 am] the normal time periods for OMB information collection is available on BILLING CODE 4160–01–S clearance under the PRA regulations (5 the Internet at http://www.fda.gov/ CFR part 1320). As a result of recent ohrms/dockets. terrorist events, a number of individuals
VerDate Aug<2,>2002 13:32 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 E:\FR\FM\19AUN1.SGM pfrm15 PsN: 19AUN1 53806 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Notices
were potentially exposed to anthrax at performance of FDA’s functions, contractor shall be able to conduct various facilities. The Federal including whether the information will interviews in both English and Spanish. Government contracted to have the have practical utility; (2) the accuracy of For those decontamination workers that subject facilities decontaminated of FDA’s estimate of the burden of the have left the Brentwood Postal Facility, residual anthrax spores. This cleanup proposed collection of information, and for all other sites (about 800 total), work has been ongoing, at the affected including the validity of the the contractor shall administer the same sites, since late 2001. The workers methodology and assumptions used; (3) survey via the telephone, but the employed in the decontamination effort ways to enhance the quality, utility, and contractor shall initiate these calls. If were placed on long-term prophylactic clarity of the information to be the contractor is not able to contact the antibiotics. Although FDA is interested collected; and (4) ways to minimize the decontamination worker on the initial in collecting data regarding adverse burden of the collection of information telephone call or the worker is events on all 1,200 decontamination on respondents, including through the nonresponsive, the contractor shall workers; there are approximately 400 use of automated collection techniques, attempt to followup with these workers decontamination workers at the when appropriate, and other forms of up to three additional times. Brentwood Post Office facility in information technology. Failure of FDA to adequately Washington, DC, who continue to followup on these workers will reduce The Evaluation of Long-Term Antibiotic receive antibiotics. These 400 workers the agency’s ability to apply lessons Drug Therapy for Persons Involved in are scheduled for a final medical learned from the current situation to Anthrax Remediation Activities examination 10 days after the final provide guidance during future public antibiotic is taken. FDA needs to have Due to a terrorist event during the fall health emergencies should they occur. OMB authorization in place in time to of 2001, approximately 1,200 This could result, not only, in the loss administer the survey to these workers decontamination workers were placed of time and dollars but also in the loss when they present for their final on long-term antibiotic therapy to of human life if patients stop taking medical examination. It is estimated protect them from environmental their medicines because they think the that most of the cleanup work will be anthrax spores. Through the services of drug therapy is responsible for a health completed by the end of September a contractor FDA plans to administer a problem when in fact it is not. Because 2002. FDA will also be administering survey to all 1,200 decontamination the stress of exposure from a terrorist act the same survey to the remaining 800 workers. For those decontamination can in itself cause many symptoms that decontamination workers who were not workers that are still on site at the are similar to adverse events that might offered final medical examinations. Brentwood Postal Facility, the be caused by various therapies, it is Many of these workers have already left contractor shall work with the medical extremely important that FDA obtain the decontamination site. FDA is service subcontractor to establish a toll information on individuals who took requesting that emergency OMB free 800 telephone number that a worker these antibiotics but were not subjected approval to administer the survey be can call as part of their post-antibiotic to the anxiety and stress associated with granted because the longer the timespan followup visit. The Government a terrorist event. This type of population between a worker’s having stopped estimates that approximately 400 is likely to never be available for taking an antibiotic and the time the decontamination workers will place assessment again until a future terrorist questionnaire is administered, the less calls to an 800 number. The contractor event occurs. It would be unacceptable reliable the answers provided become shall have a qualified interviewer for FDA not to obtain drug experience and the more difficult it is to locate a available to administer the assessment information from this group to assist in former worker. tool to these individuals during the any future public health response to a FDA invites comments on: (1) telephone calls. Whereas approximately terrorist attack. Whether the proposed collection of 20 percent of the decontamination FDA estimates the burden of this information is necessary for the proper workers are Spanish speaking, the collection of information as follows:
TABLE 1.— ESTIMATED ANNUAL REPORTING BURDEN1
No. of Respond- Annual Frequency Total Annual Hours per Re- Type of Survey ents per Response Responses sponse Total Hours
Telephone 1,200 1 1,200 .25 300
Total 300 1There are no capital costs or operating and maintenance costs associated with this collection of information.
The estimated annual reporting DEPARTMENT OF HEALTH AND ACTION: Notice. burden is based on CDC’s HUMAN SERVICES administration, in 2001 and 2002, of a SUMMARY: The Food and Drug similar questionnaire to individuals Food and Drug Administration Administration (FDA) is announcing that the proposed collection of who were exposed to anthrax spores [Docket No. 02N–0116] dispersed during a terrorist event. information has been submitted to the Office of Management and Budget Dated: June 13, 2002. Agency Information Collection (OMB) for review and clearance under Margaret M. Dotzel, Activities; Submission for OMB the Paperwork Reduction Act of 1995 Review; Comment Request; Veterinary (the PRA). Associate Commissioner for Policy. Feed Directive [FR Doc. 02–20915 Filed 8–16–02; 8:45 am] DATES: Submit written comments on the BILLING CODE 4160–01–S AGENCY: Food and Drug Administration, collection of information by September HHS. 18, 2002.
VerDate Aug<2,>2002 13:32 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 E:\FR\FM\19AUN1.SGM pfrm15 PsN: 19AUN1 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Notices 53807
ADDRESSES: Submit written comments Availability Act of 1996 (ADAA) (Public The comment asked if the proposed on the collection of information to the Law 104–250) established a new class of collection of information was necessary Office of Information and Regulatory restricted feed use drugs that may be for the proper performance of FDA Affairs, OMB, New Executive Office distributed without invoking State functions and whether the information Bldg., 725 17th St. NW., rm 10235, pharmacy laws. In order to implement will have practical utility. The answer is Washington, DC 20503, Attn: Stuart the VFD drugs section of the ADAA, yes. As detailed, the VFD regulation Shapiro, Desk Officer for FDA. FDA issued regulations (65 FR 76924, ensures protection of public health FOR FURTHER INFORMATION CONTACT: December 8, 2000) that impose reporting while enabling animal producers to Denver Presley, Office of Information and recordkeeping requirements on obtain and use needed drugs as Resources Management (HFA–250), veterinarians, distributors of animal efficiently and cost-effectively as feeds containing VFD drugs, and clients Food and Drug Administration, 5600 possible. Fishers Lane, Rockville, MD 20857, using medicated feeds containing VFD 301–827–1472. drugs. All distributors of animal feed Respondents to this collection of SUPPLEMENTARY INFORMATION: In containing VFD drugs must notify FDA information are veterinarians, compliance with 44 U.S.C. 3507, FDA of their intent to distribute animal feed distributors of animal feeds containing has submitted the following proposed containing a VFD drug, and must VFD drugs, and clients using medicated collection of information to OMB for maintain records of the distribution of feeds containing VFD drugs. review and clearance. all animal feeds containing VFD drugs FDA estimates the burden for this (21 CFR 558.6). collection of information as follows: Veterinary Feed Directive—21 CFR Part In the Federal Register of April 30, 558 (OMB Control Number 0910– 2002 (67 FR 21252), the agency 0363)—Extension requested comments on the proposed The veterinary feed directive (VFD) collection of information. FDA received drugs section of the Animal Drug one comment.
TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1
Annual Frequency Total Annual 21 CFR Section No. of Respondents per Response Responses Hours per Response Total Hours
558.6(a)(3) through (a)(5) 15,000 25 375,000 0.25 93,750 558.6(d)(1)(i) through (d)(1)(iii) 1,500 1 500 0.25 125 558.6(d)(1)(iv) 20 1 20 0.25 5 558.6(d)(2) 1,000 5 5,000 0.25 1,250 514.1(b)(9) 1 1 1 3.00 3 Total 95,133 1 There are no capital costs or operating and maintenance costs associated with this collection of information.
TABLE 2.—ESTIMATED ANNUAL RECORDKEEPING BURDEN1
No. of Annual Frequency Total Annual 21 CFR Section Recordkeepers per Recordkeeper Records Hours per Record Total Hours
558.6(c)(1) through (c)(4) 112,500 10 1,125,000 .0167 18,788 558.6(e)(1) through (e)(3) 5,000 75 375,000 .0167 6,263 Total 25,051 1 There are no capital costs or operating and maintenance costs associated with this collection of information.
These estimates are based on agency DEPARTMENT OF HEALTH AND sector and provides primary scientific communication with industry. Other HUMAN SERVICES oversight to the NTP. information needed to calculate the total Agenda burden hours are derived from agency Public Health Service records and experience. The meeting being held on September National Toxicology Program; Notice 17–18, 2002, is open to the public from Dated: August 13, 2002. of a Meeting of the NTP Board of 8:30 a.m. to adjournment each day with Margaret M. Dotzel, Scientific Counselors attendance limited only by the space Associate Commissioner for Policy. available. Persons needing special Pursuant to Public Law 92–463, [FR Doc. 02–20917 Filed 8–16–02; 8:45 am] assistance should contact the NTP notice is hereby given of a meeting of Executive Secretary (contact BILLING CODE 4160–01–S the National Toxicology Program (NTP) information below). A draft agenda with Board of Scientific Counselors on tentative schedule is provided below. September 17–18, 2002, at the Radisson Primary agenda topics include: (1) A Governors Inn, 1–40 at Davis Drive, Exit draft format for the NTP brief that will 280, Research Triangle Park, North be part of the NTP–CERHR Monograph Carolina. prepared on each chemical reviewed by The NTP Board of Scientific the NTP Center for the Evaluation of Counselors (the Board) is composed of Risks to Human Reproduction (CERHR); scientists from the public and private (2) a discussion of the proposed NTP
VerDate Aug<2,>2002 13:32 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 E:\FR\FM\19AUN1.SGM pfrm15 PsN: 19AUN1 53808 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Notices
strategy for using genetically altered genetically altered animals in initiatives is available in the NTP animals in carcinogen identification, (3) carcinogen identification. The NTP is Booklet, Current Directions and an overview of the NIEHS National seeking broad external input on this Evolving Strategies, available on the Center for Toxicogenomics and its links strategy and will present it to the Board NTP Web site (http://ntp- with the NTP, and (4) recommendations for review and comment. This meeting server.niehs.nih.gov, select of the NTP Interagency Committee for also provides an opportunity for the Publications). Chemical Evaluation and Coordination public to offer comment to the Board ICCEC Recommendations for Substances (ICCEC) for substances nominated to the and NTP staff on the proposed draft Nominated for Future NTP Studies NTP for study. There will also be an strategy. The draft strategy is available update about current NTP testing on the NTP Web site (http://ntp- Information about substances initiatives, the NTP Board of Scientific server.niehs.nih.gov, see What’s New, nominated to the NTP for toxicology Counselors Technical Reports Review Meeting of the NTP Board of Scientific and carcinogenesis studies and the Subcommittee meeting on the Counselors) or by contacting the NTP ICCEC’s recommendations was September 5–6, 2002, and the status of Executive Secretary (contact published in the Federal Register on the 10th and 11th Editions of the Report information below). June 12, 2002 (Vol. 67, No. 113, p. on Carcinogens. The Board will review 40329–33). This notice is available on a concept proposal for the continued Toxicogenomics the Web (http://ntp- use of a contract mechanism to With the advent of novel molecular server.niehs.nih.gov/htdocs/Liason/ investigate potential genetic toxicity of technologies, the NTP is moving into ICCECFinal02JuneFR.html) along with substances under study by the NTP. the arena of toxicogenomics, a new supporting documents for each Time is allotted during the meeting for scientific field that examines how the nomination (http://ntp- the public to present comments to the entire genome is involved in biological server.niehs.nih.gov/htdocs/liason/ Board and NTP staff on agenda topics. responses of organisms exposed to BkgrSum02June.html) or by contacting NTP–CERHR Monograph environmental toxicants. the NTP Executive Secretary (contact Toxicogenomics studies the effect of information below). This meeting The NTP Center for the Evaluation of toxicants on gene activity and specific provides an additional opportunity for Risks to Human Reproduction (CERHR) proteins produced by genes in response the public to provide comment on these serves as an environmental health to those toxicants. nominations and study resource to the public and to regulatory In an effort toward centralizing recommendations to the Board and NTP and health agencies for scientifically activities in toxicogenomics, the NIEHS/ staff. Comments submitted to the NTP based, uniform assessments of the NIH established the National Center for in response to the June 2002 Federal potential for adverse effects on Toxicogenomics (NCT) in September Register notice are under consideration reproduction and development caused 2000. The NCT’s mission is to and do not need to be resubmitted or by agents to which humans are exposed. coordinate a nationwide research effort readdressed. Additional information about the for the development of a toxicogenomics Substances recommended for study: CERHR is available at http:// knowledge base. Additional information • Abrasive blasting agents—5 cerhr.niehs.nih.gov. about the NCT is available on the NIEHS different industrial materials used as As a final step in its evaluation of a Web site at alternatives to sand. chemical, the CERHR will prepare an http://www.niehs.nih.gov/nct or by • 5-Amino-o-cresol—permanent hair NTP–CERHR Monograph. The contacting the NTP Executive Secretary dye ingredient. monograph will include an NTP brief, (contact information below). The NTP • the expert panel’s report on the tert-Butyl hydroperoxide—high will describe some of its current efforts production volume industrial catalyst. chemical, and all public comments to incorporate toxicogenomics into its • received on the expert panel report. The Chloramine-T and p- testing strategies through interactions Toluenesulfonamide—active ingredient NTP brief provides the NTP’s with the NCT. interpretation of the potential for and metabolite of therapeutant used in exposure to the chemical to adversely NTP Testing Program aquaculture to control bacterial infections. affect reproduction and/or development Overview of Current Initiatives • in humans. NTP–CERHR monographs Cobalt metal dust—important will be made publicly available. The NTP seeks to maintain a balanced industrial material linked to lung As a prototype for the NTP–CERHR research and testing program that problems in workers. • Monograph, the CERHR has available provides data addressing a wide variety Ephedrine alkaloid dietary the draft NTP–CERHR Monograph on of issues of importance to public health. supplements—widely used in herbal Di-n-butyl Phthalate (DBP) and will Currently the NTP is focusing on several dietary supplements with numerous request comment from the Board on the areas that have received inadequate reports of adverse effects. • proposed format for the NTP brief. The attention in the past: for example, Ethanone, 1-(1,2,3,4,5,6,7,8- CERHR is interested in obtaining input photoactive chemicals, contaminants of octahydro-2,3,8,8-tetramethyl-2- about the brief’s layout and presentation finished drinking water, endocrine- naphthalenyl)-(Iso-E-Super)—high- of information, it clarity, and its utility disrupting agents, and certain production-volume fragrance material. • for the public. The draft monograph is occupational exposures. The NTP is Hexafluorosilicic acid and Sodium available on the NTP–CERHR Web site addressing potential safety issues hexafluorosilicate—primary agents used (http://cerhr.niehs.nih.gov) or by associated with herbal medicines, to fluoridate public drinking water contacting the NTP Executive Secretary. radiofrequency radiation emissions from system. cellular telephones, hexavalent • Ketamine hydrochloride—approved NTP Draft Strategy for Using Genetically chromium, and DNA-based therapies. In anesthetic drug that causes brain lesions Altered Animals in Carcinogen general, these initiatives are broad-based in developing rats. Identification and include the investigation of various • Mercury, ((o- The NTP has developed a proposed health-related endpoints. Additional carboxyphenyl)thio)ethyl-, sodium salt draft strategy for the routine use of information about some current (Thimerosal)—organomercuryl-based
VerDate Aug<2,>2002 13:32 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 E:\FR\FM\19AUN1.SGM pfrm15 PsN: 19AUN1 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Notices 53809
preservative used in vaccines and other Persons may also submit written determining and advising on the biological products. comments in lieu of making oral scientific merit of its activities and their • Nitrogen trifluoride—cleaning and comments. Written comments should be overall scientific quality. Its members etching agent in the semiconductor sent to the Executive Secretary and must are selected from recognized authorities industry. be received by September 10th to enable knowledgeable in fields such as • Sodium metasilicate—industrial review by the Board and NTP staff prior toxicology, pharmacology, pathology, cleaning agent. to the meeting. Persons submitting biochemistry, epidemiology, risk • Turpentine—high-production- written comments should include their assessment, carcinogenesis, volume industrial solvent and raw name, affiliation, mailing address, mutagenesis, molecular biology, material. phone, fax, e-mail, and sponsoring behavioral and neurotoxicology, • Welding fumes—variable organization (if any) with the document. immunotoxicology, reproductive composition mixture responsible for Registration toxicology or teratology, and respiratory and other adverse effects in biostatistics. The NTP strives for exposed workers. The NTP Board of Scientific equitable geographic distribution and Counselors meeting is open to the Nominations for which no studies are minority and female representation on public. Attendance at this meeting is recommended at this time: the Board. Its members are invited to limited only by the space available. Due • Hexachloro-1,3-butadiene— serve overlapping terms of up to four to changes in security policies at the industrial by-product and persistent years and meetings are held once or NIEHS, individuals who plan to attend environmental contaminant. twice annually for the Board and its two are asked to register with the NTP • Infrasound—low frequency acoustic subcommittees (the Report on Executive Secretary (see contact Carcinogens Subcommittee and the energy present at low levels in information above). The names of those community and occupational settings. Technical Reports Review • registered will be given to the NIEHS Subcommittee). Magnesium oxide—high- Security Office in order to gain access production-volume chemical with to the campus. Persons attending who Dated: August 12, 2002. numerous industrial uses. Samuel Wilson, • have not pre-registered may be asked to Methylolurea—starting material for provide pertinent information about the Deputy Director, National Toxicology and impurity in urea-formaldehyde meeting, i.e., title or host of meeting Program. resins. before gaining access to the campus. All • Preliminary Agenda—National Toxicology 4-Methylquinoline—environmental visitors (whether or not you are pre- Program (NTP) Board of Scientific pollutant structurally related to the registered) will need to be prepared to Counselors, September 17–18, 2002 rodent carcinogen quinoline. show 2 forms of identification (ID), i.e., Radisson Governors Inn, 1–40 at Davis Drive, Public Comment Encouraged driver’s license and one of the Exit 280, Research Triangle Park, North following: company ID, government ID, Carolina Public input at this meeting is invited or university ID. Also, those planning to September 17, 2002 and time is set aside for the presentation attend who need special assistance are of public comments on any agenda asked to notify the NTP Executive 8:30 a.m. Welcome and Opening Comments topic. At least 7 minutes will be allotted Secretary in advance of the meeting (see NTP Update to each speaker, and if time permits, contact information above). NTP–CERHR Monograph: Format of Draft may be extended to 10 minutes. Persons NTP Brief registering to make oral comments are Additional Information About Meeting • Public Comments asked to provide their name, affiliation, Prior to the meeting, a copy of the NTP Draft Strategy for Using Genetically mailing address, phone, fax, e-mail, and Altered Animals in Carcinogen agenda and a roster of the Board’s Identification sponsoring organization (if any). Each members will be available on the NTP • Evaluation of Transgenic Models for Use organization is allowed one time slot Web site at http://ntp- in Carcinogen Identification per agenda topic. To facilitate planning server.niehs.nih.gov and upon request to • NTP Draft Strategy for the meeting, persons interested in the Executive Secretary (contact • Agency Comments • providing formal oral comments are information provided above). Following Public Comments asked to notify Dr. Mary Wolfe, NTP the meeting, summary minutes will be 11:30 a.m.—Lunch Board Executive Secretary, NIEHS, P.O. prepared and available through the NTP 1 p.m. —NTP Draft Strategy (continued) Box 12233, MD A3–07, Research Web site and upon request to Central Triangle Park, NC 27709; telephone: Toxicogenomics Data Management, NIEHS, P.O. Box • Overview of the National Center for 919–541–0530; and e-mail: 12233, MD E1–02, Research Triangle Toxicogenomics (NCT) ([email protected]) by September 10, Park, NC 27709; telephone 919–541– • Links between the NCT and NTP 2002. Persons registering to make oral 3419; fax 919–541–3687; and email • Public Comments comments are asked, if possible, to [email protected]. 5 p.m.—Adjourn provide a copy of their statement to the Executive Secretary by September 10th, NTP Board of Scientific Counselors September 18, 2002 to enable review by the Board and NTP The Board is a technical advisory 8:30 a.m.—Welcome and Introductions staff prior to the meeting. Written body comprised of scientists from the NTP Testing Program statements can supplement and may public and private sectors who provide • Overview of Current Initiatives expand the oral presentation. primary scientific oversight to the • Testing Recommendations from the Individuals will also be able to register overall Program and to the NTP Center Interagency Committee for Chemical Evaluation to give oral public comments on-site at for the Evaluation of Risks to Human • the meeting. However, if registering on- Reproduction. Specifically, the Board Public Comments Concept Review site and reading from written text, advises the NTP on matters of scientific Update on the NTP Technical Reports please bring 25 copies of the statement program content, both present and Review Subcommittee Meeting for distribution to the Board and NTP future, and conducts periodic review of Update on the Report on Carcinogens staff and to supplement the record. the Program for the purposes of Public Comments
VerDate Aug<2,>2002 13:32 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 E:\FR\FM\19AUN1.SGM pfrm15 PsN: 19AUN1 53810 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Notices
Noon—Adjourn Dated: August 13, 2002. DEPARTMENT OF THE INTERIOR Gloria R. Parker, [FR Doc. 02–20921 Filed 8–16–02; 8:45 am] Bureau of Land Management BILLING CODE 4140–01–P Chief Technology Officer. [FR Doc. 02–20938 Filed 8–16–02; 8:45 am] [OR–130–1020–PH; GP02–0339] BILLING CODE 4210–72–M Notice of Public Meeting, Eastern DEPARTMENT OF HOUSING AND Washington Resource Advisory URBAN DEVELOPMENT Council Meeting [Docket No. FR–4456–N–21] DEPARTMENT OF THE INTERIOR AGENCY: Bureau of Land Management, Privacy Act of 1974, Deletion of a Interior. Bureau of Land Management Privacy Act System of Records ACTION: Notice of public meeting.
AGENCY: Office of the Chief Information [OR–030–1020–PG; G 02–0348] SUMMARY: In accordance with the Officer, HUD. Federal Land Policy and Management ACTION: Notification of the deletion of a Meeting Notice for the Southeast Act (FLPMA) and the Federal Advisory Privacy Act system of records. Oregon Resource Advisory Council Committee Act of 1972 (FACA), the U.S. Department of the Interior, Bureau of SUMMARY: The Department proposes to AGENCY: Bureau of Land Management Land Management (BLM) Eastern delete one system of records from its (BLM), Vale District, Interior. Washington Resource Advisory Council inventory of records system subject to (RAC), will meet as indicated below. the Privacy Act of 1974 (5 U.S.C. 552a), SUMMARY: The Southeast Oregon as amended. Resource Advisory Council (SEORAC) DATES: The Eastern Washington Resource Advisory Council (EWRAC) DATES: Effective Date: This proposal will meet in the conference room at the will meet on September 17, 2002, at the shall become effective without further Comfort Inn, 504 N. Highway 20, Hines, Spokane District Office, Bureau of Land notice September 18, 2002, unless OR 97641, 541–573–3370 from 8 a.m. to Management, 1103 North Fancher Road, comments are received on or before that 5 p.m., Pacific Time (PT), on Friday, Spokane, Washington, 99212–1275. date which would result in a contrary October 18, 2002. determination. SUPPLEMENTARY INFORMATION: The The meeting topics that may be meeting will start at 9 a.m. and adjourn Comments Due Date: September 18, discussed by the Council may include a 2002. about 4 p.m.. Topics on the meeting discussion of issues within southeast agenda include: Update on Columbia ADDRESSES: Interested persons are Oregon related to Steens Mountain Basin Shrub-Steppe Land Exchange; invited to submit comments regarding Resource Advisory Council, North Lake Development of ground rules for Public this notice to the Rules Docket Clerk, Recreation Plan, Burns Steens/Andrews Input Process; Review of Proposed Office of General Counsel, Room 10276, Resource Management Plan, Birch Creek Resolution on Energy & Minerals; Status Department of Housing and Urban Management Plan, Wildland Fire Board, of Incoming RAC members; Future RAC Development, 451 7th Street, SW., OHV, Rangeland Assessment, Federal meeting dates. Washington, DC 20410–0500. officials’ updates, and other matters as The entire meeting is open to the Communications should refer to the may reasonably come before the public. Information to be distributed to above docket number and title. Council. The entire meeting is open to Council members is requested in written Comments submitted by facsimile (FAX) the public. Information to be distributed format 10 days prior to the Council will not be accepted. A copy of each to the Council members is requested in meeting date. Public comment is communication submitted will be written format 10 days prior to the start scheduled for 11 a.m. to 12 noon. available for public inspection and of the Council meeting. Public comment FOR FURTHER INFORMATION CONTACT: copying between 7:30 and 5:30 p.m. Sandra Gourdin or Kathy Helm, Bureau weekdays at the above address. is scheduled for 11:15 a.m. to 11:45 a.m., Pacific Time on Friday, October of Land Management, Spokane District FOR FURTHER INFORMATION CONTACT: 18, 2002. Office, 1103 N. Fancher Road, Spokane, Jeanette Smith, Departmental Privacy Washington, 99212, or call (509) 536– Act Officer, Telephone Number (202) FOR FURTHER INFORMATION CONTACT: 1200. 708–2374. (This is not a toll-free Additional information concerning the number). A telecommunications device SEORAC may be obtained from Peggy Dated: August 12, 2002. for hearing and speech-impaired Diegan, Management Assistant/ Gary J. Yeager, persons (TTY) is available at 1–800– Webmaster, Vale District Office, 100 Acting District Manager. 877–8339 (Federal Information Relay Oregon Street, Vale, OR 97918 (541) [FR Doc. 02–20948 Filed 8–16–02; 8:45 am] Services). (This is a toll-free number). 473–3144, or [email protected] BILLING CODE 4310–33–P SUPPLEMENTARY INFORMATION: Pursuant and/or from the following web site: to the Privacy Act of 1974 (5 U.S.C.
VerDate Aug<2,>2002 13:32 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 E:\FR\FM\19AUN1.SGM pfrm15 PsN: 19AUN1 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Notices 53811
bulk manufacturer of a controlled DEPARTMENT OF JUSTICE be registered as a bulk manufacturer of substance in Schedule I or II and prior the basic classes of controlled to issuing a regulation under section Drug Enforcement Administration substances listed below: 1002(a) authorizing the importation of such a substance, provide Manufacturer of Controlled Drug Schedule manufacturers holding registrations for Substances; Notice of Registration the bulk manufacture of the substance N-Ethylamphetamine (1475) ...... I By Notice dated March 7, 2002, and 2,5-Dimethoxyamphetamine I an opportunity for a hearing. published in the Federal Register on (7396). Therefore, in accordance with section March 18, 2002, (67 FR 12049), Chemic 3,4-Methylenedioxyamphetamine I 1301.34 to Title 21, Code of Federal Laboratories, Inc., 480 Neponset Street, (7400). Regulations (CFR), notice is hereby Building 7C, Canton, Massachusetts 4-Methoxyamphetamine (7411) ... I given that on May 23, 2002, Abbott 02021, made application by renewal to Amphetamine (1100) ...... II Laboratories, 1776 North Centennial the Drug Enforcement Administration Methylphenidate (1724) ...... II Drive, McPherson, Kansas 67460–1247, (DEA) to be registered as a bulk Morphine (9300) ...... II made application by renewal to the manufacturer of cocaine (9041), a basic Fentanyl (9801) ...... II Drug Enforcement Administration to be class of controlled substance listed in The firm plans to manufacture the registered as an importer of remifentanil Schedule II. listed controlled substances to supply (9739), a basic class of controlled The firm plans to bulk manufacture their customers. substance listed in Schedule II. small quantities of cocaine derivative No comments or objections have been The firm plans to import the for a customer. No comments or objections have been received. DEA has considered the remifentanil to manufacture Ultiva for factors in Title 21, United States Code, the U.S. market. received. DEA has considered the factors in Title 21, United States Code, section 823(a) and determined that the Any manufacturer holding, or section 823(a) and determined that the registration of Chiragene, Inc. to applying for, registration as a bulk registration of Chemic Laboratories, Inc. manufacture the listed controlled manufacturer of this basic class of to manufacture is consistent with the substances is consistent with the public controlled substance may file written public interest at this time. DEA has interest at this time. DEA has comments on or objections to the investigated Chemic Laboratories, Inc. investigated Chiragene, Inc. on a regular application described above and may, at to ensure that the company’s basis to ensure that the company’s the same time, file a written request for registration is consistent with the public continued registration is consistent with a hearing on such application in interest. These investigations have the public interest. These investigations accordance with 21 CFR 1301.43 in included inspection and testing of the have included inspection and testing of such form as prescribed by 21 CFR company’s physical security systems, the company’s physical security 1316.47. verification of the company’s systems, audits of the company’s Any such comments, objections or compliance with state and local laws, records, verification of the company’s requests for a hearing may be addressed, and a review of the company’s compliance with state and local laws, in quintuplicate, to the Deputy Assistant background and history. Therefore, and a review of the company’s Administrator, Office of Diversion pursuant to 21 U.S.C. 823 and 28 CFR background and history. Therefore, Control, Drug Enforcement 0.100 and 0.104, the Deputy Assistant pursuant to 21 U.S.C. 823 and 28 CFR Administration, United States Administrator, Office of Diversion 0.100 and 0.104, the Deputy Assistant Department of Justice, Washington, D.C. Control, hereby orders that the Administrator, Office of Diversion 20537, Attention: DEA Federal Register application submitted by the above firm Control, hereby orders that the Representative (CCR), and must be filed for registration as a bulk manufacturer application submitted by the above firm no later than September 18, 2002. of the basic class of controlled substance for registration as a bulk manufacturer This procedure is to be conducted listed above is granted. of the basic classes of controlled simultaneously with and independent substances listed above is granted. Dated: July 29, 2002. of the procedures described in 21 CFR Laura M. Nagel, Dated: July 29, 2002. 1301.34(b), (c), (d), (e), and (f). As noted Laura M. Nagel, in a previous notice at 40 F.R. 43745– Deputy Assistant Administrator, Office of Deputy Assistant Administrator, Office of 46 (September 23, 1975), all applicants Diversion Control, Drug Enforcement Administration. Diversion Control, Drug Enforcement for registration to import a basic class of [FR Doc. 02–20995 Filed 8–16–02; 8:45 am] Administration. any controlled substance in Schedule I [FR Doc. 02–20996 Filed 8–16–02; 8:45 am] or II are and will continue to be required BILLING CODE 4410–09–M BILLING CODE 4410–09–M to demonstrate to the Deputy Assistant Administrator, Office of Diversion DEPARTMENT OF JUSTICE Control, Drug Enforcement DEPARTMENT OF JUSTICE Administration that the requirements Drug Enforcement Administration for such registration pursuant to 21 Drug Enforcement Administration U.S.C. 958(a), 21 U.S.C. 823(a), and 21 Manufacturer of Controlled CFR 1301.34(a), (b), (c), (d), (e), and (f) Substances; Notice of Registration Manufacturer of Controlled are satisfied. Substances; Notice of Registration By Notice dated February 19, 2002, Dated: July 29, 2002. and published in the Federal Register By Notice dated March 27, 2002, and Laura M. Nagel, on March 12, 2002, (67 FR 11141), published in the Federal Register on Deputy Assistant Administrator, Office of Chiragene, Inc., Technology Center of April 10, 2002, (67 FR 17470), Organix Diversion Control, Drug Enforcement New Jersey, 661 Highway One, North Inc., 240 Salem Street, Woburn, Administration. Brunswick, New Jersey 08902, made Massachusetts 01801, made application [FR Doc. 02–20999 Filed 8–16–02; 8:45 am] application by renewal to the Drug by renewal to the Drug Enforcement BILLING CODE 4410–09–M Enforcement Administration (DEA) to Administration (DEA) to be registered as
VerDate Aug<2,>2002 13:32 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 E:\FR\FM\19AUN1.SGM pfrm15 PsN: 19AUN1 53812 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Notices
a bulk manufacturer of cocaine (9041), Drug Schedule published to obtain comments from the a basic class of controlled substance public and affected agencies. This listed in Schedule II. Dextropropoxyphene, bulk (non- II proposed information collection was The firm plans to manufacture a dosage forms) (9273). previously published in the Federal derivative of cocaine in gram quantities Register Volume 67, Number 106, page The firm plans to manufacture the for validation of synthetic procedures. 38295 on June 3, 2002, allowing for a listed controlled substances for 60-day public comment period. No comments or objections have been distribution as bulk products to its The purpose of this notice is to allow received. DEA has considered the customers. an additional 30 days for public factors in Title 21, United States Code, No comments or objections have been comment until September 18, 2002. Section 823(a) and determined that the received. DEA has considered the This process is conducted in accordance registration of Organix, Inc. to factors in Title 21, United States Code, with 5 CFR 1320.10. manufacture is consistent with the section 823(a) and determined that the Written comments and/or suggestions public interest at this time. DEA has registration of Siegfried (USA), Inc. to regarding the items contained in this investigated Organix, Inc. to ensure that manufacture the listed controlled notice, especially the estimated public the company’s registration is consistent substances is consistent with the public burden and associated response time, with the public interest. This interest at this time. DEA has should be directed to the Office of investigation included inspection and investigated Siegfried (USA), on a Management and Budget, Office of testing of the company’s physical regular basis to ensure that the Information and Regulatory Affairs, security systems, verification of the company’s continued registration is Attention Department of Justice Desk company’s compliance with state and consistent with the public interest. Officer, Washington, DC 20503. local laws, and a review of the These investigations have included Additionally, comments may be company’s background and history. inspection and testing of the company’s submitted to OMB via facsimile to (202) Therefore, pursuant to 21 U.S.C. 823 physical security systems, audits of the 395–7285. and 28 CFR 0.100 and 0.104, the Deputy company’s records, verification of the Request written comments and Assistant Administrator, Office of company’s compliance with state and suggestions from the public and affected Diversion Control, hereby orders that local laws, and a review of the agencies concerning the proposed the application submitted by the above company’s background and history. collection of information are firm for registration as a bulk Therefore, pursuant to 21 U.S.C. 823 encouraged. Your comments should manufacturer of the basic class of and 28 CFR 0.100 and 0.104, the Deputy address one or more of the following controlled substance listed above is Assistant Administrator, Office of four points: granted. Diversion Control, hereby orders that (1) Evaluate whether the collection of Dated: July 29, 2002. the application submitted by the above information is necessary for the proper Laura M. Nagel, firm for registration as a bulk performance of the functions of the Deputy Assistant Administrator, Office of manufacturer of the basic classes of agency, including whether the Diversion Control, Drug Enforcement controlled substances listed above is information will have practical utility; Administration. granted. (2) Evaluate the accuracy of the [FR Doc. 02–20998 Filed 8–16–02; 8:45 am] Dated: July 29, 2002. agency’s estimate of the burden of the proposed collection of information, BILLING CODE 4410–09–M Laura M. Nagel, including the validity of the Deputy Assistant Administrator, Office of methodology and assumptions used; Diversion Control, Drug Enforcement (3) Enhance the quality, utility and DEPARTMENT OF JUSTICE Administration. clarity of the information to be Drug Enforcement Administration [FR Doc. 02–20997 Filed 8–16–02; 8:45 am] collected; and BILLING CODE 4410–09–M (4) Minimize the burden of the Manufacturer of Controlled collection of information on those who Substances; Notice of Registration are to respond, including through the DEPARTMENT OF JUSTICE use of appropriate automated, By Notice dated March 29, 2001, and Office of Justice Programs electronic, mechanical, or other published in the Federal Register on technological collection techniques or April 6, 2001, (66 FR 18309) Ganes Agency Information Collection other forms of information technology, Chemicals Inc., which has changed its Activities: Proposed Collection; e.g. permitting electronic submission of name to Siegfried (USA), Inc., Industrial Comment Request responses. Park Road, Pennsville, New Jersey Overview of this information 08070, made application by renewal to ACTION: 30-day notice of information collection: the Drug Enforcement Administration collection under review: reinstatement, (1) Type of Information Collection: (DEA) to be registered as a bulk with change, of a previously approved Reinstatement, with Change, of a manufacturer of the basic classes of collection for which approval has Previously Approved Collection for controlled substances listed below: expired, survey of inmates in State and which Approval has Expired. Federal correctional facilities, 2003. (2) Title of the Form/Collection: Drug Schedule Survey of Inmates in State and Federal The Department of Justice (DOJ), Correctional Facilities, 2003. Amphetamine (1100) ...... II Office of Justice Programs, has (3) Agency Form Number and the Methylphenidate (1724) ...... II submitted the following information Amobarbital (2125) ...... II applicable component of the Pentobarbital (2270) ...... II collection request to the Office of Department sponsoring the collection: Secobarbital (2315) ...... II Management and Budget (OMB) for Form: NPS–25 CAPI Instrument; NPS– Glutethimide (2250) ...... II review and approval in accordance with 13 Sampling Questionnaire; and NPS– Methadone (9250) ...... II the Paperwork Reduction Act of 1995. 27, Inmate letter. Corrections Unit, Methadone-intermediate (9254) ... II The proposed information collection is Bureau of Justice Statistics, Office of
VerDate Aug<2,>2002 13:32 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 E:\FR\FM\19AUN1.SGM pfrm15 PsN: 19AUN1 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Notices 53813
Justice Programs, United States SUMMARY: In accordance with the DATES: Wednesday, August 28, 2002, 8 Department of Justice. Federal Advisory Committee Act, Pub. a.m. to 5 p.m. (4) Affected Public who will be asked L. 92–463, as amended, the National ADDRESSES: NASA Headquarters, 300 E to respond, as well as a brief abstract: Aeronautics and Space Administration St., SW., Rm. 9H40, Washington, DC Primary: Individuals. Others: State and announces a meeting of the NASA 20546. Federal governments. The national Advisory Council, Biological and FOR FURTHER INFORMATION CONTACT: Dr. survey will include an estimated 20,000 Physical Research Advisory Committee. David Tomko, Code UB, National personal interviews with inmates held DATES: Thursday, August 29, 2002, 10 in State and Federal prisons. The survey Aeronautics and Space Administration, a.m. to 6 p.m.; and Friday, August 30, Washington, DC 20546, 202/358–0220. will be conducted using a CAPI 2002, 8 a.m. to 12 Noon. SUPPLEMENTARY INFORMATION: The questionnaire, automated data control ADDRESSES: National Aeronautics and meeting will be open to the public up systems, and sample selection Space Administration, 300 E Street SW., to the seating capacity of the room. The instruments. This is a national survey Washington, DC 20546, Room 9H40. that will profile State and Federal agenda for the meeting is as follows: FOR FURTHER INFORMATION CONTACT: Dr. —Action Status prison inmates to determine trends in Bradley Carpenter, Code UG, National —NASA Update from the Chief inmate composition, criminal history, Aeronautics and Space Administration, Scientist drug/alcohol use and treatment, mental Washington, DC 20546, 202/358–0826. health and medical conditions, gun use —OBPR Associate Administrator Report SUPPLEMENTARY INFORMATION: The and crime, and victims of crime. The —Bioastronautics Research Division meeting will be open to the public up Bureau of Justice Statistics uses this Update to the seating capacity of the room. The information in published reports and for —Discussion agenda for the meeting is as follows: the U.S. Congress, Executive Office of —Working Lunch—Science Talk—TBD the President, practitioners, researchers, —Review Recommendations —Fundamental Biology Research students, the media, and others —Program Overview Division Update —Division Reports interested in criminal justice statistics. —Flight Programs Report —Status of International Space Station —STS–107 Science Update No other collection series provides these —Research Prioritization Task Force data. —STS–107 Education and Public —Education and Outreach Policy Outreach (5) An estimate of the total number of —Review of Committee Findings and —Preparation of Committee Findings responses and the amount of time Recommendations and Recommendations estimated for an average response: It is imperative that the meeting be There will be an estimated 295 —Review of Committee Findings and held on this date to accommodate the Recommendations responses at 1 hour each for the NPS– scheduling priorities of the key It is imperative that the meeting be 13; 4,950 hours of prison staff time to participants. Visitors will be requested held on this date to accommodate the escort inmates to/from interview sites; to sign a visitor’s register. and 20,100 inmate responses at an scheduling priorities of the key average of 1 hour each for the NPS–25. Dated: August 14, 2002. participants. Visitors will be requested (6) An estimate of the total public Sylvia K. Kraemer, to sign a visitor’s register. burden (in hours) associated with the Acting Advisory Committee Management Dated: August 14, 2002. Officer, National Aeronautics and Space collection: The estimated total public Sylvia K. Kraemer, burden is 25,345 hours. Administration. Acting Advisory Committee Management [FR Doc. 02–21011 Filed 8–16–02; 8:45 am] IF ADDITIONAL INFORMATION IS REQUIRED, Officer, National Aeronautics and Space CONTACT: Ms. Brenda E. Dyer, Deputy BILLING CODE 7510–01–P Administration. Clearance Officer, United States [FR Doc. 02–21019 Filed 8–16–02; 8:45 am] Department of Justice, Information BILLING CODE 7510–01–P Management and Security Staff, Justice NATIONAL AERONAUTICS AND Management Division, Room 1600, SPACE ADMINISTRATION Patrick Henry Building, 601 D Street, [Notice (02–097)] NUCLEAR REGULATORY NW., Washington, DC 20530. COMMISSION NASA Advisory Council, Biological Dated: August 12, 2002. and Physical Research Advisory [Docket No. 50–339] Brenda E. Dyer, Committee Meeting, NASA–NIH Department Deputy Clearance Officer, Advisory Subcommittee and Life Virginia Electric and Power Company, Department of Justice. Sciences Advisory Subcommittee; North Anna Power Station, Unit 2; [FR Doc. 02–20950 Filed 8–16–02; 8:45 am] Joint Meeting Environmental Assessment and BILLING CODE 4410–18–M Finding of No Significant Impact AGENCY: National Aeronautics and Space Administration. The U.S. Nuclear Regulatory Commission (NRC) is considering NATIONAL AERONAUTICS AND ACTION: Notice of meeting. issuance of an exemption from the SPACE ADMINISTRATION SUMMARY: In accordance with the requirements of Title 10 of the Code of [Notice (02–098)] Federal Advisory Committee Act, Public Federal Regulations (10 CFR) Part 50, Law 92–463, as amended, the National Sections 50.44 and 50.46, and Appendix NASA Advisory Council, Biological Aeronautics and Space Administration K for Facility Operating License No. and Physical Research Advisory announces a meeting of the NASA NPF–7, issued to Virginia Electric and Committee Meeting Advisory Council, Biological and Power Company (the licensee), for AGENCY: National Aeronautics and Physical Research Advisory Committee, operation of the North Anna Power Space Administration. NASA–NIH Advisory Subcommittee Station, Unit 2, located in Louisa and Life Sciences Advisory County, Virginia. As required by 10 CFR ACTION: Notice of meeting. Subcommittee; Joint Meeting. 51.21, the NRC is issuing this
VerDate Aug<2,>2002 13:32 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 E:\FR\FM\19AUN1.SGM pfrm15 PsN: 19AUN1 53814 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Notices
environmental assessment and finding operated at North Anna Power Station Alternative Use of Resources of no significant impact. through three previous cycles of operation and have performed The action does not involve the use of Environmental Assessment satisfactorily under these conditions. In any different resource than those Identification of the Proposed Action addition, the relatively small number of previously considered in the Final Environmental Statement related to the The proposed action would enable the fuel rods involved does not represent a operation of North Anna Power Station, licensee to use one lead test assembly significant increase in the inventory of Unit 2, issued by the Commission in that contains zirconium-based alloys as radioactive material that could be cladding material for the fuel rods released into the reactor coolant in the April 1973. event of cladding failure. The only instead of Zircaloy or ZIRLO. This lead Agencies and Persons Consulted test assembly will be used at North credible consequence of this change Anna, Unit 2 during Cycle 16, subject to would be a failure of the lead test On July 29, 2002, the staff consulted the following constraints: assembly cladding. Even in the case of with Mr. Les Foldesi of the Virginia (1) The lead test assembly is not to be gross fuel failure, the number of rods Department of Radiological Health, irradiated for more than one full involved is less than 1 percent of the regarding the environmental impact of operating cycle, and core, and thus sufficiently small so that the proposed action. Mr. Foldesi had no the additional environmental impact (1) The lead test assembly shall not comments. exceed the lead rod burnup limit of would be negligible and bounded by 75,000 MWD/MTU. previous assessments. With regard to Finding of No Significant Impact the potential environmental impacts The proposed action is in accordance On the basis of the environmental with the licensee’s application for associated with the transportation of the lead test assembly, the zirconium-based assessment, the NRC concludes that the exemption dated February 11, 2002, as proposed action will not have a supplemented by letter dated May 16, claddings have no impact on previous significant effect on the quality of the 2002. assessments determined in accordance with the staff assessment entitled, ‘‘NRC human environment. Accordingly, the The Need for the Proposed Action Assessment of the Environmental NRC has determined not to prepare an The proposed exemption to 10 CFR Effects of Transportation Resulting from environmental impact statement for the 50.44, 10 CFR 50.46, and Appendix K to Extended Fuel Enrichment and proposed action. 10 CFR Part 50 is needed because these Irradiation,’’ published in the Federal For further details with respect to the regulations specifically refer to light- Register on August 11, 1988 (53 FR proposed action, see the licensee’s letter water reactors containing fuel consisting 30355), as corrected on August 24, 1988 dated February 11, 2002, and (53 FR 32322). Thus, the proposed of uranium oxide pellets enclosed in supplemental letter dated May 16, 2002. action would not significantly increase Zircaloy or ZIRLO tubes. Zircaloy and Documents may be examined, and/or the probability or consequences of ZIRLO are zirconium-based alloys copied for a fee, at the NRC’s Public currently in use as cladding for fuel accidents, no changes would be made in the types or amounts of effluents that Document Room (PDR), located at One pellets. The proposed zirconium-based White Flint North, 11555 Rockville Pike cladding is not the same chemical may be released off-site, and there would be no significant increase in (first floor), Rockville, Maryland. composition as Zircaloy or ZIRLO, and Publicly available records will be the licensee wants to test this occupational or public radiation accessible electronically from the composition in reactor operation. Since exposure. Therefore, there are no Agencywide Documents Access and 10 CFR 50.46 and 10 CFR Part 50, significant radiological environmental Management System (ADAMS) Public Appendix K limit Emergency Core impacts associated with the proposed Cooling System (ECCS) calculations to action. Electronic Reading Room on the Internet Zircaloy, and 10 CFR 50.44 relates to the With regard to potential at the NRC Web site, http:// generation of hydrogen gas from a nonradiological impacts, the proposed www.nrc.gov/reading-rm/adams.html. metal-water reaction with Zircaloy or action does not have a potential to affect Persons who do not have access to ZIRLO, an exemption is required in any historic sites. It does not affect ADAMS or who encounter problems in order to place a lead test assembly in the nonradiological plant effluents and has accessing the documents located in reactor core. no other environmental impact. ADAMS, should contact the NRC PDR Therefore, there are no significant Reference staff by telephone at 1–800– Environmental Impacts of the Proposed nonradiological environmental impacts 397–4209 or 301–415–4737, or by e-mail Action associated with the proposed action. to [email protected]. The use of the lead test assembly with Accordingly, the NRC concludes that Dated at Rockville, Maryland, this 13th day the zirconium-based cladding would not there are no significant environmental of August 2002. affect the ECCS calculations and would impacts associated with the proposed have no significant effect on the action. For the Nuclear Regulatory Commission. previous assessment of hydrogen gas John A. Nakoski, Environmental Impacts of the generation following a loss-of-coolant Chief, Section 1, Project Directorate II, Alternatives to the Proposed Action accident. The lead test assembly meets Division of Licensing Project Management, the same design bases as the fuel As an alternative to the proposed Office of Nuclear Reactor Regulation. currently used in the reactors. No safety action, the staff considered denial of the [FR Doc. 02–20972 Filed 8–16–02; 8:45 am] limits would be changed or setpoints proposed action (i.e., the ‘‘no-action’’ BILLING CODE 7590–01–P altered as a result of the use of these alternative). Denial of the application assemblies. The Updated Final Safety would result in no change in current Analysis Report analyses are bounding environmental impacts. The for the lead test assembly as well as the environmental impacts of the proposed remainder of the core. The advanced action and the alternative action are zirconium-based cladding alloys have similar.
VerDate Aug<2,>2002 13:32 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 E:\FR\FM\19AUN1.SGM pfrm15 PsN: 19AUN1 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Notices 53815
NUCLEAR REGULATORY 11545 Rockville Pike, Rockville, include a review of options for the COMMISSION Maryland 20852, between 7:45 a.m.– presentation of program performance 4:15 p.m. on Federal work days. information in the budget, and review of Solicitation of Comments on Draft NRC Comments should be legible and the application of the Program Inspection Manual Chapter 2600; Fuel reproducible, and include the name, Assessment Ratings Tool. An agenda Cycle Facility Operational Safety and affiliation (if any) and address of the may be obtained prior to the meeting at Safeguards Inspection Program submitter. All comments received by the http://www.whitehouse.gov/omb/ budintegration/index.html. Additional AGENCY: Nuclear Regulatory Commission will be made available for Commission (NRC). public inspection at the Commission’s information, including information for public document room (PDR). Draft NRC members of the public with disabilities, ACTION: Notice of opportunity for IMC 2600 is available for inspection and may be obtained by calling Mr. Thomas comment. copying for a fee at the NRC PDR, room M. Reilly, PMAC Designated Federal SUMMARY: The Division of Fuel Cycle 1 F21 at 11555 Rockville Pike, Officer, (202) 395–4926. Safety and Safeguards of the NRC has Rockville, Maryland 20852. Dated: August 13, 2002. issued a draft revision to Inspection FOR FURTHER INFORMATION CONTACT: Thomas M. Reilly, Manual Chapter (MC) 2600, ‘‘Fuel Cycle William M. Troskoski, Inspection PMAC Designated Federal Officer. Facility Operational Safety and Section, Special Projects and Inspection [FR Doc. 02–21001 Filed 8–16–02; 8:45 am] Safeguards Inspection Program’’ for Branch (MS T8H9) Division of Fuel BILLING CODE 3110–01–P stakeholder review and comment. Cycle Safety and Safeguards, (301) 415– The purpose of the revision is to 8076 or by electronic mail, provide updated program administrative [email protected]. SECURITIES AND EXCHANGE guidance for the staff, incorporate COMMISSION current practices and activities into the Dated at Rockville, Maryland, this 12th day of August 2002. oversight program while deleting closed [Release No. IC–25697; File No. 812–12765] or out-of-date procedures, and increase For the Nuclear Regulatory Commission. emphases on risk-significant, Eric J. Leeds, Preferred Life Insurance Company of performance-based inspection activities. Deputy Director, Division of Fuel Cycle Safety New York, et al; Notice of Application The availability of this document is and Safeguards, Office of Nuclear Material Safety and Safeguards. August 12, 2002. the latest step in an NRC effort to AGENCY: Securities and Exchange [FR Doc. 02–20973 Filed 8–16–02; 8:45 am] improve effectiveness of the fuel cycle Commission (‘‘SEC’’ or ‘‘Commission’’). oversight program and facilitate open BILLING CODE 7590–01–P ACTION: Notice of Application for an communications with stakeholders. order under Section 6(c) of the Opportunity to Comment: To provide Investment Company Act of 1940 (the NRC with stakeholder views on the OFFICE OF MANAGEMENT AND ‘‘Act’’) granting exemptions from the proposed changes to the oversight BUDGET provisions of Sections 2(a)(32) and program used to evaluate the safety and 27(i)(2)(A) of the Act and Rule 22c–1 safeguards performance of NRC fuel Performance Measurement Advisory thereunder to permit the recapture of a cycle licensees. Council bonus credit made under certain DATES: Submit written comments by AGENCY: Office of Management and deferred variable annuity contracts. September 18, 2002. Comments received Budget, Executive Office of the after this date will be considered if it is President. APPLICANTS: Preferred Life Insurance practical to do so, but the Commission ACTION: Notice of Federal Advisory Company of New York (‘‘Preferred Life’’ is able to ensure consideration only for Committee meeting. or the ‘‘Company’’), Preferred Life comments received on or before this Variable Account C (‘‘Account’’), and date. OPEN MEETING NOTICE: The Performance USAllianz Investor Services, LLC ADDRESSES: In accordance with 10 CFR Measurement Advisory Council (‘‘USAZ’’) (collectively, ‘‘Applicants’’). 2.790 of NRC’s ‘‘Rules of Practice,’’ a (‘‘PMAC’’) will meet on Friday, SUMMARY OF APPLICATION: Applicants copy of this draft MC 2600 is available September 13, 2002 from 9:00 a.m. to seek an order of the Commission electronically (accession number 3:00 p.m. Eastern Time. Location for the exempting them with respect to the ML022200374) for public inspection in meeting will be the Truman Room of the support of the variable annuity contracts the NRC’s Agency-Wide Document White House Conference Center, 726 issued by the Account described herein Access and Management System Jackson Place, Washington, DC. The (‘‘Contracts’’), or and also variable (ADAMS). ADAMS is accessible from meeting is open to the public and annuity contracts issued in the future the NRC Web site at http://www.nrc.gov/ written statements may be filed with the (‘‘Future Contracts’’) that are similar in reading-rm/adams.html. A free single advisory committee. It is recommended all material respects to the Contracts copy of the draft revision to MC 2600 that members of the public wishing to and are issued by the Account (‘‘Future may be obtained by writing to the attend bring photo identification. Due to Account Contracts’’), or by any other Inspection Section, Special Projects and limited availability of seating, members separate account of the Company and its Inspection Branch (MS T8H9) Division of the public will be admitted on a first- successors in interest (‘‘Future of Fuel Cycle Safety and Safeguards, come, first-served basis. Accounts’’), and certain National Office of Nuclear Material Safety and The purpose of the meeting is to Association of Securities Dealers, Inc. Safeguards, U.S. Nuclear Regulatory provide independent expert advice and (‘‘NASD’’) member broker-dealers which Commission, 11545 Rockville Pike, recommendations to the Office of may, in the future, act as principal Rockville, Maryland 20852. Comments Management and Budget regarding underwriter of such Contracts or Future on this document should be sent to the measures of program performance and Contracts from the provisions of Chief, Rules Review and Directives the use of such measures in making Sections 2(a)(32), 22(c), and 27(i)(2)(A) Branch, ADM, U.S. NRC, Washington, management and budget decisions. The of the Act and Rule 22c–1 thereunder, DC 20555, or may be hand delivered to agenda and topics to be discussed pursuant to Section 6(c) of the Act, to
VerDate Aug<2,>2002 13:32 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 E:\FR\FM\19AUN1.SGM pfrm15 PsN: 19AUN1 53816 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Notices
the extent necessary to permit the Company and the Account (the payment options on a variable basis, recapture of a bonus credit where the ‘‘Subaccounts’’). The income, gains and fixed basis, or both. The Contracts may owner exercises his or her free look losses, realized or unrealized, from the be purchased on a non-qualified tax option. assets allocated to each Subaccount will basis. The Contracts may also be FILING DATE: The application was filed be credited to or charged against those purchased and used in connection with on January 22, 2002 and amended on assets without regard to the income, plans qualifying for favorable Federal August 6, 2002. gains or losses of the Company or the income tax treatment. HEARING OR NOTIFICATION OF HEARING: An other Subaccounts. Applicants represent that the Account meets the definition of 7. The owner determines in the order granting the application will be application or transmittal form for a issued unless the Commission orders a a ‘‘separate account’’ in Rule 0–1(e) Contract how the net premium hearing. Interested persons may request under the Act. payments will be allocated among the a hearing by writing to the Secretary of 3. The Board of Directors of Preferred the Commission and serving the Life established the Account on Subaccounts and the Fixed Account. Applicants with a copy of the request, February 26, 1988. The Account is The value of a contract (‘‘Contract personally or by mail. Hearing requests registered under the Act as a unit Value’’) will vary with the investment must be received by the Commission by investment trust (File No. 811–05716). performance of the Subaccounts 5:30 p.m. on September 5, 2002, and The assets of the Account support selected, and the owner bears the entire should be accompanied by proof of flexible premium variable annuity risk for amounts allocated to a service on the Applicants in the form of contracts issued by the Company and Subaccount. an affidavit or, for lawyers, a certificate the Account, and interests in the Account offered through such contracts 8. An owner may return his or her of service. Hearing requests should state Contract for a refund during the free the nature of the writer’s interest, the have been registered under the Securities Act of 1933 (‘‘1933 Act’’) on look period. An owner will generally reason for the request, and the issues have 10 days to return his or her contested. Persons may request Form N–4 (File No. 333–19699). In addition, a Form N–4 registration Contract. Preferred Life will generally notification of a hearing by writing to return the Contract value (minus any the Secretary of the Commission. statement has been filed to register the interests in the Account offered through bonus credit) to the owner (the ‘‘free ADDRESSES: Secretary, Securities and the Contracts (File No. 333–75718). look right’’) in the event of the exercise Exchange Commission, 450 Fifth Street, 4. USAZ, an affiliate of the Company, of the free look right. NW., Washington, DC 20549–0609. is the principal underwriter and the Applicants, c/o Stewart D. Gregg, Esq., 9. An owner may surrender the distributor of the variable annuity Contract or make a partial withdrawal Allianz Life Insurance Company of contracts issued by the Company and from the Contract value during the North America, 5701 Golden Hills the Account. USAZ is registered with Accumulation Period. If an owner Drive, Minneapolis, MN 55416. the Commission as a broker-dealer FOR FURTHER INFORMATION CONTACT: under the Securities Exchange Act of surrenders a Contract or takes a partial Harry Eisenstein, Senior Counsel, at 1934, as amended, (the ‘‘1934 Act’’), and withdrawal, the Company may deduct a (202) 942–0552, or Zandra Y. Bailes, is a member of the NASD. USAZ may withdrawal charge. An owner generally Branch Chief, at (202) 942–0670, Office enter into written sales agreements with may be permitted to withdraw certain of Insurance Products, Division of various broker-dealers to aid in the limited amounts free of withdrawal Investment Management. distribution of the Contracts for the charge. SUPPLEMENTARY INFORMATION: The Account. 10. For each premium payment an following is a summary of the 5. Each Subaccount will invest owner makes, the Company may add a application. The complete application is exclusively in a designated series of bonus credit equal to six percent of the available for a fee from the SEC’s Public shares, representing an interest in a premium payment (less prior partial Reference Branch, 450 Fifth Street, NW., particular portfolio of one or more withdrawals) to the owner’s Contract designated management investment Washington, DC 20549–0102 ((202) value. The Company does not assess a companies of the series type (‘‘Funds’’). 942–8090). specific charge for the bonus credit. The Applicants reserve the right to designate Applicants’ Representations the shares of another portfolio of the Company expects to use a portion of the 1. Preferred Life is a stock life Funds or of other management mortality and expense risk charge, and/ insurance company that is principally investment companies of the series type or the surrender charge to pay for the engaged in the sale of life insurance and (‘‘Other Funds’’) as the exclusive bonus credit. annuity products, and is licensed in six investment vehicle for each new 11. The owner may surrender the states, including the State of New York. Subaccount that may be created in the Contract or make a partial withdrawal Preferred Life is a wholly-owned future. Subject to Commission approval from the Contract value during the subsidiary of Allianz Life Insurance under Section 26(c) of the Act, accumulation period. If an owner Company of North America (‘‘Allianz Applicants also reserve the right to surrenders a Contract or takes partial Life’’), a Minnesota stock life insurance substitute the shares of another portfolio withdrawal, the Company may deduct a company which both issues life of the Funds or of Other Funds for the withdrawal charge to compensate it for insurance and annuity products and portfolio previously designated as the expenses relating to sales, including acts as a holding company for various exclusive investment vehicle for each commissions to registered financial services companies. All of the Subaccount. representatives and other promotional 6. The Contracts are flexible premium stock of Allianz Life is indirectly owned expenses. An owner generally may be by Allianz Versicherungs-AG Holding, a variable annuity contracts issued by the permitted to withdraw certain limited German holding company. Company through its separate account. 2. The Account is comprised of The Contracts provide for accumulation amounts free of withdrawal charge. The subaccounts established to receive and of values on a variable basis, fixed basis, following chart shows the withdrawal invest net purchase payments under or both during the accumulation period, charges that apply to the Contracts: variable annuity contracts issued by the and may provide settlement or annuity
VerDate Aug<2,>2002 13:32 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 E:\FR\FM\19AUN1.SGM pfrm15 PsN: 19AUN1 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Notices 53817
WITHDRAWAL CHARGE pursuant to Section 6(c), to the extent in the dollar amount of any unvested [As a percentage of premium payments] necessary to recapture the bonus credit bonus credit amount. Applicants argue applied to a premium payment in the that when the Company recaptures a Completed years since re- Withdrawal instance described above. Applicants bonus credit that is not vested, such ceipt of premium charge (%) seek exemptions therefrom in order to owner would not be deprived of a avoid any questions concerning the proportionate share of the Account’s 0–2 ...... 8.5 Contracts’ compliance with the Act and assets (the issuer’s current net assets) in 3 ...... 8 rules thereunder. Applicants assert that violation of Section 2(a)(32). Therefore, 4 ...... 7 5 ...... 6 the recapture of the bonus credit is according to Applicants, such recapture 6 ...... 5 necessary or appropriate in the public does not reduce the amount of each 7 ...... 4 interest and consistent with the Account’s current net assets an owner 8 ...... 3 protection of investors and purposes would otherwise be entitled to receive. 9+ ...... 0 fairly intended by the contract and To avoid uncertainty as to full provisions of the Act. compliance with the Act, Applicants 12. The Company deducts various 2. Section 27(i) provides that Section request an exemption from the fees and charges, which may include a 27 does not apply to any registered provisions of Sections 2(a)(32) and daily mortality and expense risk fee of separate account funding variable 27(i)(2)(A) to the extent deemed 1.90% of the average daily Contract insurance contracts, nor to the necessary to permit them to recapture Value, which is increased to 2.10% if sponsoring insurance company and the bonus credit under the Contracts the Enhanced Death Benefit is selected; principal underwriter of such account, and Future Contracts. an annual contract maintenance charge except as provided for in Section 5. Section 22(c) of the Act states that equal to $30, which is currently waived 27(i)(2)(A). Section 27(i)(2)(A) of the the Commission may make rules and if the Contract Value of a contract is at Act, in pertinent part, makes it unlawful regulations applicable to registered least $100,000; premium taxes; and for any registered separate account investment companies and to principal withdrawal charges, which start at 8.5% funding variable insurance contracts, or underwriters of, and dealers in, the and decline to 0% for a purchase for the sponsoring insurance company redeemable securities of any registered payment after nine years from the date of such account, to sell any such investment company to accomplish the of receipt of the purchase payment. contract unless such contract is a same ends as contemplated by Section Asset-based charges are assessed against redeemable security. Section 2(a)(32) of 22(a). Rule 22c–1, promulgated under the entire amounts held in the Account, the Act defines ‘‘redeemable security’’ Section 22(c) of the Act, in pertinent including the bonus credit amount, as any security under the terms of part, prohibits a registered investment during the time the bonus credit has not which the holder, upon its presentation company issuing a redeemable security vested. During such period, the to the issuer, is entitled to receive (and a person designated in such aggregate asset-based charges assessed approximately his proportionate share issuer’s prospectus as authorized to against an owner’s Contract Value will of the issuer’s current net assets, or the consummate transactions in such be higher than those that would be cash equivalent thereof. security, and a principal underwriter of, charged if the owner’s Contract Value 3. To the extent that the bonus credit or dealer in, any such security) from did not include the bonus credit. recapture might be seen as a discount selling, redeeming, or repurchasing any 13. Applicants seek exemption from the net asset value, or might be such security except at a price based on pursuant to Section 6(c) from Sections viewed as resulting in the payment to an the current net asset value of such 2(a)(32), 22(c), and 27(i)(2)(A) of the Act owner of less than the proportionate security. and Rule 22c–1 thereunder to the share of the issuer’s net assets, the 6. The Company’s addition of the extend necessary to permit Preferred bonus credit recapture would trigger the bonus credit might arguably be viewed Life to issue Contracts that permit need for relief absent some exemption as resulting in an owner purchasing a recapture of bonus credits when an from the Act. Rule 6c–8 provides, in redeemable security for a price below owner exercises the ‘‘free-look’’ option relevant part, that a registered separate the current net asset value. Further, by available under the Contract. account and any depositor of such recapturing the bonus credit, the account, shall be exempt from Section Company might arguably be redeeming Legal Analysis 2(a)(32), 22(c), 27(c)(1), 27(c)(2), and a redeemable security for a price other 1. Section 6(c) authorizes the 27(d) of the Act and Rule 22c–1 than one based on the current net asset Commission, by order upon application, thereunder to the extent necessary to value of the Account. Applicants to conditionally or unconditionally permit them to impose a deferred sales contend that these are not correct grant an exemption from any provision, load on any variable annuity contract interpretations or applications of these rule or regulation of the Act to the participating in such account. However, statutory and regulatory provisions. extent that the exemption is necessary the bonus credit recapture is not a sales Applicants contend that the bonus or appropriate in the public interest and load, but a recapture of a bonus credit credit does not violate Section 22(c) and consistent with the protection of the Company previously applied to an Rule 22c–1. In support of this investors and the purposes fairly owner’s premium payments. contention, Applicants note that an intended by the policy and provisions of 4. Applicants submit that the owner’s interest in his or her Contract the Act. Because the provisions recapture of a bonus credit does not value or in an Account would always be described below may be inconsistent violate Section 2(a)(32) of the Act. offered at a price next determined on with a recapture of a bonus credit, Applicants submit that the bonus the basis of net asset value and that the Applicant requests exemptions for the recapture provisions in the Contracts do granting of a bonus credit does not Contracts described herein, and for not deprive the owner of his or her reflect a reduction of that price. Instead, Future Contracts that are substantially proportionate share of the issuer’s the Company will purchase with its similar in all material respects to the current net assets. An owner’s right to own general account assets an interest Contracts described herein, from the bonus credit will vest after the free in an Account equal to the bonus credit. Sections 2(a)(32), 22(c) and 27(i)(2)(A) look period. Until that time, the Because the bonus credit will be paid of the Act, and Rule 22c–1 thereunder, Company retains the right and interest out of Company assets, not Account
VerDate Aug<2,>2002 13:32 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 E:\FR\FM\19AUN1.SGM pfrm15 PsN: 19AUN1 53818 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Notices
assets, Applicants assert that no dilution is generally very favorable to the payment under the Contracts and Future will occur as a result of the credit. owners. While there may be a downside Contracts in the circumstance described 7. Applicants contend that the in a declining market where an owner above. recapture of the bonus credit does not would incur losses attributable to the 14. Applicants also seek class relief involve either of the problems that the credit, any earnings on the bonus credit with respect to Future Underwriters, Commission intended to eliminate or in an appreciating market would vest Future Accounts and Future Contracts. reduce with Rule 22c–1. The immediately with an owner. Applicants Commission’s stated purpose in assert that the bonus credit recapture Applicants assert that additional adopting Rule 22c–1 was to avoid or provisions do not diminish the overall requests for exemptive relief would minimize (1) dilution of the interests of value of the bonus credit. present no issues under the Act not other security holders and (2) 10. Applicants state that the already addressed herein. Applicants speculative trading practices that are Company’s recapture of the bonus credit state that if the Applicant were to unfair to such holders. Applicants claim is designed to prevent anti-selection repeatedly seek exemptive relief on that the proposed recapture of the bonus against the Company. The risk of anti- behalf of Future Underwriters, Future credit does not pose such threat of selection would be that an owner could Accounts and/or Future Contracts with dilution and that the bonus credit make significant premium payments respect to the same issues addressed recapture will not alter an owner’s net into the Contract solely in order to herein, investors would not receive asset value. The Company will receive a quick profit from the credit. additional protection or benefit, and determine an owner’s net cash The Company generally protects itself investors and the Applicants could be surrender value under the Contract in from this kind of anti-selection, and disadvantaged by increased costs from accordance with Rule 22c–1 on a basis recovers its costs in situations where an preparing such additional requests for next computed after receipt of an owner withdraws his or her money early relief. Applicants argue that the owner’s request for surrender (likewise, in the life of a Contract, by imposing a requested class relief is appropriate in the calculation of death benefits and withdrawal charge of up to 8.5%. the public interest because the relief annuity payment amounts will be in full However, where an owner withdraws will promote competitiveness in the compliance with the forward pricing his money pursuant to a ‘‘free-look’’ requirement of Rule 22c–1). The amount provision, the Company generally does variable annuity market by eliminating recaptured will equal the amount of the not apply this charge. Applicants state the need for the Company or its bonus credit that the Company paid out that the Company seeks to recapture the affiliates to file redundant exemptive of its general account assets.1 Although bonus credit (which is less than the applications, thereby reducing an owner will retain any investment withdrawal charge under the Contract) administrative expenses and gain attributable to the bonus credit, the only in the circumstance where it does maximizing efficient use of resources. Company will determine the amount of not apply the withdrawal charge. Elimination of the delay and the such gain on the basis of the current net 11. The Applicants also contend that expense of repeatedly seeking asset value of the Subaccount. Thus, it would be inherently unfair to allow exemptive relief would, Applicants Applicants argue, no dilution will occur an owner exercising the free-look opine, enhance each Applicant’s ability upon the recapture of the bonus credit. privilege in the Contract to retain the to effectively take advantage of business In addition, Applicants assert that the bonus credit when returning the opportunities as such opportunities credit recapture does not create the Contract for a refund after a period of arise. only a few days (usually 10 or less). If opportunity for speculative trading. For the reasons set forth above, 8. Applicants contend that Rule 22c– the Company could not recapture the 1 and Section 22(c) should have no bonus credit, individuals might Applicants believe that the exemptions application to the bonus credit, as purchase a Contract with no intention of requested are necessary and appropriate neither of the harms that Rule 22c–1 retaining it, and simply return it for a in the public interest and consistent was designed to address are found in quick profit. By recapturing the bonus with the protection of investors and the the recapture of the bonus credit. credit, the Company will prevent such purposes fairly intended by the policy However, to avoid uncertainty as to full individuals from doing so. and provisions of the Act, and compliance with the Act, Applicants 12. The Applicants submit that the consistent with and supported by request an exemption from the bonus credit involves none of the abuses Commission precedent. to which provisions of the Act and the provisions of Section 22(c) and Rule For the Commission, by the Division of rules thereunder are directed. The 22c–1 to the extent deemed necessary to Investment Management, pursuant to permit them to recapture the bonus owner will always retain the investment delegated authority. experience attributable to the bonus credit under the Contracts and Future Margaret H. McFarland, Contracts. credit, and will retain the principal 9. Applicants submit that the amount in all cases except under the Deputy Secretary. Commission should grant the one circumstance described herein. [FR Doc. 02–20974 Filed 8–16–02; 8:45 am] exemptions requested in this Further, the Company should be able to BILLING CODE 8010–01–P Application, even if the bonus credit recapture such bonus credit to protect described herein conflicts with Sections itself from investors wishing to use the 2(a)(32), 22(c), or 27(i)(2)(A) of the Act Contract as a vehicle for a quick profit or Rule 22c–1 thereunder. According to at the Company’s expense, and to enable Applicants, the bonus credit provision the Company to limit potential losses associated with such bonus credit. 1 As noted above, asset-based charges applicable 13. Applicants request exemptions to the Account will be assessed against the entire from Sections 2(a)(32), 22(c), and amounts held in the Account, including the bonus 27(i)(2)(A) of the Act and Rule 22c–1 credit amount. Applicants state that this is because it is not administratively feasible to track the bonus thereunder, to the extent necessary to credit in the Account after the Company applies the permit the Applicant to recapture the credit. bonus credit applied to a premium
VerDate Aug<2,>2002 13:32 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 E:\FR\FM\19AUN1.SGM pfrm15 PsN: 19AUN1 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Notices 53819
SECURITIES AND EXCHANGE (A) Self-Regulatory Organization’s (C) Self-Regulatory Organization’s COMMISSION Statement of the Purpose of, and Statement on Comments on the Statutory Basis for, the Proposed Rule Proposed Rule Change Received From [Release No. 34–46340; File No. SR–DTC– Change Members, Participants, or Others 2002–10] The purpose of the proposed rule Written comments from DTC’s participants have not been solicited nor change is to enhance DTC’s New York Self-Regulatory Organizations; The received on the proposed rule change. Depository Trust Company; Notice of Window service, which is part of DTC’s Filing and Immediate Effectiveness of Custody service. Earlier this year, DTC III. Date of Effectiveness of the a Proposed Rule Change Relating to filed a rule change that permitted the Proposed Rule Change and Timing for Commission Action an Enhancement to the New York deposit of certain instruments with Window Service Allowing Participants DTC’s Custody service in sealed The foregoing rule change has become 5 To Custody Promissory Notes at DTC envelopes (‘‘Sealed Envelope Service’’). effective pursuant to section DTC has been informed by some of its 19(b)(3)(A)(iii) of the Act 6 and Rule August 12, 2002. participants that it is customary in the 19b–4(f)(4)7 promulgated thereunder Pursuant to section 19(b)(1) of the industry to safekeep promissory notes because the proposal effects a change in Securities Exchange Act of 1934 outside of sealed envelopes and that an existing service of DTC that (A) does (‘‘Act’’),1 notice is hereby given that on there is a high volume of promissory not adversely affect the safeguarding of July 16, 2002, The Depository Trust notes kept in participants’ vaults. These securities or funds in the custody or Company (‘‘DTC’’) filed with the participants would like to have the control of DTC or for which it is responsible and (B) does not Securities and Exchange Commission option of depositing promissory notes significantly affect the respective rights (‘‘Commission’’) the proposed rule either in sealed envelopes or outside of or obligations of DTC or persons using sealed envelopes in the New York change as described in Items I, II, and the service. At any time within sixty Window service. This will expand III below, which items have been days of the filing of the proposed rule prepared primarily by DTC. The participants’ use of the Custody service, change, the Commission may summarily Commission is publishing this notice to which supports the industry’s goal of abrogate such rule change if it appears solicit comments on the proposed rule immobilization of instruments. DTC to the Commission that such action is change from interested persons. will apply the liability and indemnity necessary or appropriate in the public standard applicable to the Sealed I. Self-Regulatory Organization’s interest, for the protection of investors, Envelope Service to promissory notes or otherwise in furtherance of the Statement of the Terms of Substance of deposited outside of sealed envelopes. the Proposed Rule Change purposes of the Act. DTC will apply its current Custody IV. Solicitation of Comments The proposed rule change provides an fees to deposits of promissory notes. enhancement to the New York Window Those fees are a long position fee of $.56 Interested persons are invited to service 2 of DTC, which is part of DTC’s per month per item, a deposit fee of submit written data, views, and Custody service.3 The enhancement $4.86 per item, and a withdrawal fee of arguments concerning the foregoing, allows DTC participants to custody $16.91 per item. including whether the proposed rule promissory notes at DTC. change is consistent with the Act. The proposed rule change is Persons making written submissions II. Self-Regulatory Organization’s consistent with the requirements of should file six copies thereof with the Statement of the Purpose of, and section 17A of the Act and the rules and Secretary, Securities and Exchange Statutory Basis for, the Proposed Rule regulations thereunder because it Commission, 450 Fifth Street NW., Change supports the securities industry goal of Washington, DC 20549–0609. Copies of immobilization. The proposed rule the submission, all subsequent In its filing with the Commission, change will be implemented amendments, all written statements DTC included statements concerning consistently with the safeguarding of with respect to the proposed rule the purpose of and basis for the securities and funds in DTC’s custody or change that are filed with the proposed rule change and discussed any control or for which it is responsible Commission, and all written comments it received on the proposed because the operation of the New York communications relating to the rule change. The text of these statements Window service, which is part of the proposed rule change between the may be examined at the places specified Custody service as modified by the Commission and any person, other than in Item IV below. DTC has prepared proposed rule change, will be similar to those that may be withheld from the summaries, set forth in sections (A), (B), the current operation of the New York public in accordance with the and (C) below, of the most significant Window and Custody services. provisions of 5 U.S.C. 552, will be aspects of such statements.4 available for inspection and copying in (B) Self-Regulatory Organization’s the Commission’s Public Reference Statement on Burden on Competition section, 450 Fifth Street NW., 1 15 U.S.C. 78s(b)(1). Washington, DC 20549. Copies of such 2 For additional information on DTC’s New York DTC perceives no adverse impact on filing will also be available for Window service, see Securities Exchange Act competition by reason of the proposed inspection and copying at the principal Release No. 40179 (July 8, 1998), 63 FR 30543 [File rule change. office of the DTC. All submissions No. SR–DTC–98–9]. should refer to the File No. SR–DTC– 3 For additional information on DTC’s Custody service, see Securities Exchange Act Release No. 2002–10 and should be submitted by 37314 (June 14, 1996), 61 FR 29158 [File No. SR– September 9, 2002. DTC–96–8]. 5 Securities Exchange Act Release No. 34–46018 4 The Commission has modified parts of these (June 3, 2002), 67 FR 39454 [File No. DTC–2002– 6 15 U.S.C. 78s(b)(3)(A)(iii). statements. 03] 7 17 CFR 240.19b–4(f)(4).
VerDate Aug<2,>2002 13:32 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 E:\FR\FM\19AUN1.SGM pfrm15 PsN: 19AUN1 53820 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Notices
For the Commission by the Division of implement the fee changes described in To recover the development, Market Regulation, pursuant to delegated (1) and (2) below as of July 1, 2002, and implementation, and processing costs, 8 authority. the fee changes described in (3) below as well as the Fed fees associated with Margaret H. McFarland, as of November 1, 2002. Services each transaction, DTC is revising these Deputy Secretary. affected and changes in fees are as fees. The deliver order fee for [FR Doc. 02–20978 Filed 8–16–02; 8:45 am] follows: government securities will be set at BILLING CODE 8010–01–P (1) DTC Custody Service: This service $2.25. In addition to the transaction enables participants of DTC to outsource charge, this fee recovers the $0.70 fee the safekeeping and processing physical surcharged by the Fed. Present fees for SECURITIES AND EXCHANGE securities not eligible for regular deliver orders are $0.44 to the deliverer COMMISSION depository services due to transfer and $0.26 to the receiver. Monthly long [Release No. 34–46338; File No. SR–DTC– restrictions or other factors. position fees for government securities 2002–09] DTC is reducing the Custody will be set at $1.00, helping to offset a Reorganization/Redemption deposit fee $0.45 Fed imposed fee. Present long Self-Regulatory Organizations; The from a current fee of $101.50 to $65.00. position fees are $0.35. Depository Trust Company; Notice of The Custody Reorganization research DTC believes that the proposed rule Filing and Immediate Effectiveness of fee, used when DTC staff is reviewing change is consistent with the a Proposed Rule Change Revising the the reorganization activity for the first requirements of section 17A of the Act Fee Schedule time, is also being lowered from $125.61 and the rules and regulations thereunder because it is consistent with August 12, 2002. to $85.00. Custody Reorganization/ DTC’s longstanding policy to set service Pursuant to section 19(b)(1) of the Redemption Deposits that are rejected fees at a level of full cost recovery along Securities Exchange Act of 1934 by DTC staff prior to their submission to its different product lines. (‘‘Act’’),1 notice is hereby given that on the transfer agent will now be assessed July 1, 2002, The Depository Trust the standard reject fee of $37.93. (B) Self-Regulatory Organization’s Company (‘‘DTC’’) filed with the Previously, no fee had been assessed. Statement on Burden on Competition Securities and Exchange Commission (2) Draft Shipment Control List (‘‘SCL’’) Payments: These payments DTC does not believe that the (‘‘Commission’’) the proposed rule proposed rule change will have any change as described in Items I, II, and represent the fees paid to transfer agents to effect the reregistration of a select impact or impose any burden on III below, which items have been competition. prepared primarily by DTC. The number of securities (generally referred Commission is publishing this notice to to as fee-bearing issues). Historically, (C) Self-Regulatory Organization’s solicit comments on the proposed rule participants have paid fixed ‘‘blended’’ Statement on Comments on the change from interested persons. rates based upon an actual fee threshold Proposed Rule Change Received From for standard deposit or withdrawal-by- Members, Participants, or Others I. Self-Regulatory Organization’s transfer.3 Written comments relating to the Statement of the Terms of Substance of DTC is replacing the ‘‘blended’’ rate the Proposed Rule Change proposed rule change have not yet been algorithm with a direct charge back for solicited or received. DTC will notify The proposed rule change consists of the actual expense as incurred for the Commission of any written revisions to the fee schedule of DTC for standard deposit and withdrawal comments received by DTC. certain of its existing services. activity. DTC will also be instituting a II. Self-Regulatory Organization’s new $1.00 transaction fee to fully III. Date of Effectiveness of the Statement of the Purpose of, and recover the expense associated with the Proposed Rule Change and Timing for Statutory Basis for, the Proposed Rule draft processing, bank charges, and Commission Action Change handling costs for all reregistration Because the foregoing rule change activities in these securities. In its filing with the Commission, establishes or changes fees to be (3) Government Securities: This imposed by DTC, it has become effective DTC included statements concerning process has been redesigned to the purpose of and basis for the pursuant to section 19(b)(3)(A)(ii) of the accommodate the changes directed by Act 4 and rule 19b–4(f)(2).5 At any time proposed rule change and discussed any the Federal Reserve Bank of New York comments it received on the proposed within sixty days of the filing of the (‘‘FRBNY’’) for fail tracking, repo proposed rule change, the Commission rule change. The text of these statements tracking, and interim accounting. DTC may be examined at the places specified may summarily abrogate such rule maintains a free-of-payment interface change if it appears to the Commission in Item IV below. DTC has prepared with the Federal Reserve’s book-entry summaries, set forth in sections (A), (B), that such action is necessary or system that enables participants to hold appropriate in the public interest, for and (C) below, of the most significant securities positions of U.S. government aspects of such statements.2 the protection of investors, or otherwise securities in their DTC accounts. in furtherance of the purposes of the (A) Self-Regulatory Organization’s Recently DTC has replaced the manual Act. Statement of the Purpose of, and deposit and withdrawal process with an Statutory Basis for, the Proposed Rule automated securities link with FRBNY VI. Solicitation of Comments Change via a new Fed Book-Entry Deliver Order Interested persons are invited to The purpose of this rule filing is to process. submit written data, views, and revise the fee schedules for some of arguments concerning the foregoing, DTC’s services. DTC expects to 3 For deposits, when a transfer agent fee was including whether the proposed rule $20.00 or less, DTC would bill participants $13.00; change is consistent with the Act. if the fee was greater than $20.00, DTC would 8 Persons making written submissions 17 CFR 200.30–3(a)(12). charge the participant $22.00. For withdrawals, 1 15 U.S.C. 78s(b)(1). when a transfer agent fee was $20.00 or less, DTC 2 The Commission has modified parts of these would bill $22.00; if the fee was greater than 4 15 U.S.C. 78s(b)(3)(A)(ii). statements. $22.00, DTC would charge the participant $33.00. 5 17 CFR 240.19b–4(f)(2).
VerDate Aug<2,>2002 13:32 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 E:\FR\FM\19AUN1.SGM pfrm15 PsN: 19AUN1 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Notices 53821
should file six copies thereof with the proposal pursuant to Section 19(b)(3)(A) consecutive terms following the Secretary, Securities and Exchange of the Act,3 and Rule 19b–4(f)(3) expiration of such member’s initial Commission, 450 Fifth Street NW., thereunder 4 as being concerned solely term. Washington, DC 20549–0609. Copies of with the administration of the self- * * * * * the submission, all subsequent regulatory organization, which renders amendments, all written statements the proposal effective upon filing with II. Self-Regulatory Organization’s with respect to the proposed rule the Commission. The Commission is Statement of the Purpose of, and change that are filed with the publishing this notice to solicit Statutory Basis for, the Proposed Rule Commission, and all written comments on the proposed rule change Change communications relating to the from interested persons. In its filing with the Commission, proposed rule change between the I. Self-Regulatory Organization’s Nasdaq included statements concerning Commission and any person, other than Statement of the Terms of Substance of the purpose of and basis for the those that may be withheld from the the Proposed Rule Change proposed rule change and discussed any public in accordance with the comments it received on the proposed provisions of 5 U.S.C. 552, will be Nasdaq proposes to increase the term rule change. The text of these statements available for inspection and copying in of office for members of the Nasdaq may be examined at the places specified the Commission’s Public Reference Listing and Hearing Review Council in Item IV below. Nasdaq has prepared Section, 450 Fifth Street NW., (‘‘Listing Council’’) from two to three summaries, set forth in Sections A, B, Washington, DC 20549. Copies of such years, and to increase the number of and C below, of the most significant filing will also be available for Listing Council classes from two to aspects of such statements. inspection and copying at the principal three. The text of the proposed rule office of DTC. All submissions should change is below. Proposed new A. Self-Regulatory Organization’s refer to the File No. SR–DTC–2002–09 language is in italics. Proposed deleted Statement of the Purpose of, and and should be submitted by September text is in brackets. Statutory Basis for, the Proposed Rule Change 9, 2002. BY–LAWS OF THE NASDAQ STOCK For the Commission by the Division of MARKET, INC. 1. Purpose Market Regulation, pursuant to delegated Nasdaq proposes to increase the term authority.6 * * * * * of office for members of the Listing Margaret H. McFarland, ARTICLE V Council, and to increase the number of Deputy Secretary. NASDAQ LISTING AND HEARING Listing Council classes. The Listing [FR Doc. 02–20980 Filed 8–16–02; 8:45 am] REVIEW COUNCIL Council, which consists of between BILLING CODE 8010–01–P * * * * * eight and 18 members, considers and makes recommendations to the Nasdaq Term of Office Board on policy and rule changes SECURITIES AND EXCHANGE relating to issuer listings. In addition, COMMISSION Sec. 5.4 (a) Beginning in January 2003, [E]except as otherwise provided the Listing Council, to the extent of its [Release No. 34–46345; File No. SR–NASD– in this Article, each Nasdaq Listing and delegated authority, functions as the 2002–105] Hearing Review Council member shall appellate forum for staff adjudicated hold office for a term of three [two] determinations related to compliance Self-Regulatory Organizations; Notice years or until a successor is duly with applicable listing requirements. of Filing and Immediate Effectiveness appointed and qualified, except in the Currently, members of the Listing of Proposed Rule Change by the event of earlier termination from office Council hold office for a term of two National Association of Securities years and may serve no more than two Dealers, Inc. to Increase the Term of by reason of death, resignation, removal, disqualification, or other reason. Prior to consecutive terms. Nasdaq proposes to Office for Members of the Nasdaq extend members’ terms to three years in Listing and Hearing Review Council January 2003, the term of office for each Nasdaq Listing and Hearing Review order to provide greater continuity to From Two to Three Years, and to the Listing Council. Specifically, the Increase the Number of Nasdaq Listing Council member shall be two years. (b) The Nasdaq Listing and Hearing increase in the length of members’ terms and Hearing Review Council Classes Review Council shall be divided into will allow the Listing Council to be August 13, 2002. three [two] classes. The term of office of divided into three classes rather than Pursuant to Section 19(b)(1) of the those of the first class shall expire in the current two classes. By dividing the Securities Exchange Act of 1934 January 2004 [1999], [and] the term of Listing Council into three classes, the (‘‘Act’’),1 and Rule 19b–4 thereunder,2 office of those of the second class shall number of members that must be notice is hereby given that on August 2, expire in January 2005, [one year selected and trained each time a new 2002, the National Association of thereafter] and the term of office of class is appointed will be significantly Securities Dealers, Inc. (‘‘NASD’’ or those of the third class shall expire in reduced. ‘‘Association’’), through its subsidiary, January 2006. Beginning in January Nasdaq proposes to implement the The Nasdaq Stock Market, Inc. 2003 [1999], members shall be proposed rule change by extending the (‘‘Nasdaq’’), filed with the Securities appointed for a term of three [two] years second term of most current Listing and Exchange Commission to replace those whose terms expire. Council members from two to three (‘‘Commission’’) the proposed rule (c) [Beginning in 1999,] [n]No member years. Currently, the Listing Council change as described in Items I, II, and may serve more than two consecutive consists of 18 members. The first class III below, which Items have been terms, except that if a member is is composed of eight members. Five of prepared by Nasdaq. Nasdaq filed the appointed to fill a term of less than one these members are currently serving year, such member may serve up to two their second consecutive term, which is 6 17 CFR 200.30–3(a)(12). scheduled to expire in January 2003 1 15 U.S.C. 78s(b)(1). 3 15 U.S.C. 78s(b)(3)(A). (‘‘Group 1’’). The remaining three 2 17 CFR 240.19b–4. 4 17 CFR 240.19b–4(f)(3). members of the first class are currently
VerDate Aug<2,>2002 13:32 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 E:\FR\FM\19AUN1.SGM pfrm15 PsN: 19AUN1 53822 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Notices
serving their first term and their second necessary or appropriate in furtherance For the Commission, by the Division of term is scheduled to expire in January of the purposes of the Act, as amended. Market Regulation, pursuant to delegated 2005 (‘‘Group 2’’). The second class is authority.10 also composed of eight members. All of C. Self-Regulatory Organization’s Margaret H. McFarland, the members of the second class are Statement on Comments on the Deputy Secretary. serving their second consecutive term, Proposed Rule Change Received From [FR Doc. 02–20975 Filed 8–16–02; 8:45 am] which is scheduled to expire in January Members, Participants, or Others BILLING CODE 8010–01–P 2004 (‘‘Group 3’’). The remaining two Written comments were neither members of the Listing Council were appointed by the Board of Directors of solicited nor received. SECURITIES AND EXCHANGE Nasdaq earlier this year, one in May III. Date of Effectiveness of the COMMISSION 2002 and the other in July 2002. Proposed Rule Change and Timing for [Release No. 34–46343; File No. SR–NASD– Pursuant to Section 5.4(c) of the By- Commission Action 2002–91] Laws of The Nasdaq Stock Market, these members’ initial term will expire in The proposed rule change has become Self-Regulatory Organizations; Notice January 2003 and they will then be effective pursuant to Section 19(b)(3)(A) of Filing and Immediate Effectiveness eligible to serve two consecutive terms. of the Act 8 and subparagraph (f)(3) of of Proposed Rule Change by the By extending the second term of most Rule 19b-4 thereunder,9 because it is National Association of Securities current members to three years, Nasdaq concerned solely with the Dealers, Inc. Relating to Voluntary will be able to efficiently divide the administration of the Association. At Participation by National Securities Listing Council into three classes. Under any time within 60 days of the filing of Exchanges in the Nasdaq Order this plan, the new first class will be the proposed rule change, the Collection Facility, Commonly Known composed of Group 1 and the second Commission may summarily abrogate as ‘‘SuperMontage’’ term of the members in this class will such rule change if it appears to the expire in January 2004. The new second August 13, 2002. Commission that such action is class will be composed of Group 3 and Pursuant to Section 19(b)(1) of the the second term of the members in this necessary or appropriate in the public Securities Exchange Act of 1934 class will expire in January 2005. Lastly, interest, for the protection of investors, (‘‘Act’’)1 and Rule 19b–4 thereunder,2 the new third class will be composed of or otherwise in furtherance of the notice is hereby given that on July 1, Group 2 and the second term of the purposes of the Act. 2002, the National Association of members in this class will expire in IV. Solicitation of Comments Securities Dealers, Inc. (‘‘NASD’’ or January 2006. The two remaining ‘‘Association’’), through its subsidiary, Listing Council members that were Interested persons are invited to the Nasdaq Stock Market, Inc. appointed earlier this year will be part submit written data, views, and (‘‘Nasdaq’’), filed with the Securities of the new third class and they will be arguments concerning the foregoing, and Exchange Commission (‘‘SEC’’ or eligible to serve two three-year terms. including whether the proposal is ‘‘Commission’’) the proposed rule Thus, these members’ first term will consistent with the Act. Persons making change as described in Items I, II, and expire in January 2006 and their second written submissions should file six III below, which Items have been 5 term will expire in January 2009. copies thereof with the Secretary, prepared by Nasdaq. The proposed rule 2. Statutory Basis Securities and Exchange Commission, change, which Nasdaq filed pursuant to 3 450 Fifth Street, NW., Washington, DC Section 19(b)(3)(A) of the Act and Rule Nasdaq believes that the proposed 4 20549–0609. Copies of the submission, 19b–4(f)(6) thereunder, would clarify rule change is consistent with the the terms and conditions upon which provisions of Section 15A of the Act,6 in all subsequent amendments, all written statements with respect to the proposed Nasdaq will grant access to general and with Section 15A(b)(6) of SuperMontage to national securities 7 rule change that are filed with the the Act, in particular, in that the exchanges that trade Nasdaq-listed Commission, and all written proposal is designed to prevent securities on an unlisted trading communications relating to the fraudulent and manipulative acts and privileges basis (‘‘UTP Exchanges’’). practices, and, in general, to protect proposed rule change between the Nasdaq will make these rule changes investors and the public interest. Commission and any person, other than effective upon the launch of Specifically, Nasdaq believes the those that may be withheld from the SuperMontage. proposed rule change will provide public in accordance with the The Commission is publishing this greater continuity to the Listing Council, provisions of 5 U.S.C. 552, will be notice to solicit comments on the thereby allowing it to more efficiently available for inspection and copying in proposed rule change from interested address listing and policy matters that the Commission’s Public Reference persons. often involve investor protection issues. Room. Copies of such filing will also be available for inspection and copying at I. Self-Regulatory Organization’s B. Self-Regulatory Organization’s Statement of the Terms of Substance of the principal office of the Association. Statement on Burden on Competition the Proposed Rule Change All submissions should refer to file Nasdaq does not believe that the number SR–NASD–2002–105 and Nasdaq is filing a proposed rule proposed rule change will result in any change to NASD Rule 4710 regarding burden on competition that is not should be submitted by September 9, 2002. voluntary participation by national securities exchanges in the Nasdaq 5 Nasdaq considers these two members to be part of the new third class as their service on the Listing Council will end at the expiration of their first term 10 17 CFR 200.30–3(a)(12). in January 2006 unless they are reappointed for a 1 15 U.S.C. 78s(b)(1). second term. 2 17 CFR 240.19b–4. 6 15 U.S.C. 78o–3. 8 15 U.S.C. 78s(b)(3)(A). 3 15 U.S.C. 78s(b)(3)(A). 7 15 U.S.C. 78o–3(b)(6). 9 17 CFR 240.19b–4(f)(3). 4 17 CFR 240.19b–4(f)(6).
VerDate Aug<2,>2002 17:07 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 E:\FR\FM\19AUN1.SGM pfrm17 PsN: 19AUN1 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Notices 53823
Order Collection Facility, commonly [Participation in the NNMS by UTP best offer Quote/Order transmitted to known as ‘‘SuperMontage.’’ The Exchanges is voluntary. If a UTP Nasdaq by a UTP Exchange in the proposed rule change would clarify the Exchange elects to participate in the Nasdaq Quotation Montage under the terms and conditions upon which system, Nasdaq shall endeavor to MMID for the UTP Exchange, and shall Nasdaq will grant access to provide fair and equivalent access to the also display such Quote/Order in the SuperMontage to UTP Exchanges. Nasdaq market for UTP Exchanges, as a Nasdaq Order Display Facility as part of Below is the text of the proposed rule UTP Exchange provides to its market for the aggregate trading interest when the change to the SuperMontage rules. Nasdaq Quoting Market Participants and UTP Exchange’s best bid/best offer Proposed new language is italicized; NNMS Order Entry Firms. The Quote/Order falls within the best five proposed deletions are in brackets. following provisions shall apply to UTP price levels in Nasdaq on either side of * * * * * Exchanges that choose to participate in the market. the NNMS:] (B) UTP Exchange Agency Quotes/ 4710. Participant Obligations in NNMS Participation in the NNMS by UTP Orders. (a) No Change. Exchanges is voluntary. If a UTP (i) A UTP Exchange that elects to (b) Non-Directed Orders. Exchange does not participate in the participate in the system may transmit (1) General Provisions—A Quoting NNMS System, the UTP Exchange’s to the NNMS Quotes/Orders at a single Market Participant in an NNMS Security quote will not be accessed through the as well as multiple price levels that meet the following requirements: are not shall be subject to the following NNMS, and the NNMS will not include for the benefit of a broker and/or dealer requirements for Non-Directed Orders: the UTP Exchange’s quotation for order that is with respect to the UTP Exchange (A) No Change. processing and execution purposes. A UTP Exchange may voluntarily a registered or designated market maker, (B) Processing of Non-Directed participate in the NNMS System if it dealer or specialist in the security at Orders—Upon entry of a Non-Directed executes a Nasdaq Workstation issue; and are designated as Non- Order into the system, the NNMS will Subscriber Agreement, as amended, for Attributable Quotes/Orders (‘‘UTP ascertain who the next Quoting Market UTP Exchanges, and complies with the Agency Order/Quote’’). Participant in queue to receive an order terms of this subparagraph (f) of this (ii) Upon transmission of a UTP is (based on the algorithm selected by rule. The terms and conditions of such Agency Quote/Order to Nasdaq, the the entering participant, as described in access and participation, including system shall time stamp the order, subparagraph (b)(B)(i)–(iii) of this rule), available functionality and applicable which time stamp shall determine the and shall deliver an execution to rules and fees, shall be set forth in and ranking of these Quote/Order for Quoting Market Participants that governed by the Nasdaq Workstation purposes of processing Non-Directed participate in the automatic-execution Subscriber Agreement, as amended for Orders, as described in subparagraph (b) functionality of the system, or shall UTP Exchanges. The Nasdaq of this rule. A UTP Agency Quote/Order deliver a Liability Order to Quoting Workstation Subscriber Agreement, as shall not be displayed in the Nasdaq Market Participants that participate in amended for UTP Exchanges may Quotation Montage under the MMID for the order-delivery functionality of the expand but shall not contract the rights the UTP Exchange. Rather, UTP Agency system[; provided however, that the and obligations set forth in these rules. Quotes/Orders shall be reflected in the system always shall deliver an order (in Access to UTP Exchanges may be made Nasdaq Order Display Facility and lieu of an execution) to the Quoting available on terms that differ from the Nasdaq Quotation Montage in the same Market Participant next in queue when terms applicable to members but may manner in which Non-Attributable the participant that entered the Non- not unreasonably discriminate among Quotes/Orders from Nasdaq Quoting Directed Order into the system is a UTP similarly-situated UTP Exchanges. The Market Participants are reflected in Exchange that does not provide following provisions shall apply to UTP Nasdaq, as described in Rule 4707(b)(2). automatic execution against its Quotes/ Exchanges that choose to participate in (3) Non-Directed Order Processing— Orders for Nasdaq Quoting Market the NNMS [(a)] UTP Exchanges that elect to Participants and NNMS Order Entry (1) Order Entry—UTP Exchanges that participate in the system [and that agree Firms]. Non-Directed Orders entered elect to participate in the system shall to] shall be required to provide into the NNMS system shall be be permitted to enter Directed and Non- automatic execution against their delivered to or automatically executed Directed Orders into the system subject Quotes/Orders for Nasdaq Quoting against Quoting Market Participants’ to the conditions and requirements of Market Participants and NNMS Order Displayed Quotes/Orders and Reserve Rules 4706. Directed and Non-Directed Entry Firms, shall accept an execution Size in strict price/time priority, as Orders entered by UTP Exchanges shall of an order up to the size of the UTP described in the algorithm contained in be processed (unless otherwise Exchange’s displayed Quote/Order, and subparagraph (b)(B)(i) of this rule. specified) as described subparagraphs shall have Non-Directed Orders they Alternatively, an NNMS Market (b) and (c) of this rule. enter into the system processed as Participant can designate that its Non- (2) Display of UTP Exchange Quotes/ described in subparagraph (b) of this Directed Orders be executed based on a Orders in Nasdaq. rule. price/time priority that considers ECN (A) UTP Exchange Principal Orders/ [(b) UTP Exchanges that elect to quote-access fees, as described in Quotes—UTP Exchanges that elect to participate in the system but that do not subparagraphs (b)(B)(ii) of this rule, or participate in the system shall [be provide automatic execution against executed based on price/size/time permitted to] transmit to the NNMS a their Quotes/Orders for Nasdaq Quoting priority, as described in subparagraph single bid Quote/Order and a single Market Participants and NNMS Order (b)(B)(iii) of this rule. offer Quote/Order. Upon transmission of Entry Firms, shall accept the delivery of (i)–(iv) No Change. the Quote/Order to Nasdaq, the system an order up to the size of the UTP (C) No Change. shall time stamp the Quote/Order, Exchange’s Displayed Quote/Order, and (D) No Change. which time stamp shall determine the shall have Non-Directed Orders they (2) No Change. ranking of the Quote/Order for purposes enter into the system processed as (c)–(e) No Change. of processing Non-Directed Orders. The described in subparagraph (b) of this (f) UTP Exchanges. NNMS shall display the best bid and rule. If such a UTP Exchange declines
VerDate Aug<2,>2002 13:32 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 E:\FR\FM\19AUN1.SGM pfrm15 PsN: 19AUN1 53824 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Notices
or partially fills a Non-Directed Order SuperMontage by an independent UTP Nasdaq UTP Plan 7 or via a mutually without immediately transmitting to Exchange is a voluntary action by that agreed-upon alternative bilateral link Nasdaq a revised Quote/Order that is at exchange. Therefore, each UTP created by the UTP Exchange.8 Nasdaq a price inferior to the previous price, or Exchange can effectively negotiate at welcomes the opportunity to explore the if such a UTP Exchange fails to respond arms-length the terms, if any, according possibility of bilateral linkages, which in any manner within 30 seconds of to which it will voluntarily participate Nasdaq anticipates could be formed via order delivery, the NNMS will send the in SuperMontage. Based upon these separate agreement between Nasdaq and order (or remaining portion thereof) precepts, Nasdaq is modifying three the exchange(s). back into the system for delivery to the aspects of its approved rules governing 2. UTP Exchanges That Wish To next Quoting Market Participant in UTP Exchanges’ voluntary participation Participate in SuperMontage Must Do queue. The system will then move the in SuperMontage. So Via Automatic Execution side of such UTP Exchange’s Quote/ 1. SuperMontage Will Not Access the Nasdaq will also continue in a Order to which the declined or Quotations of UTP Exchanges That partially-filled order was delivered, to SuperMontage environment the Choose Not To Participate in requirement that UTP Exchanges that the lowest bid or highest offer price in SuperMontage Nasdaq, at a size of 100 shares.] wish to participate in Nasdaq execution (4) Directed Order Processing—UTP Nasdaq is permanently extending to systems do so via automatic execution. Exchanges that elect to participate in the SuperMontage a pilot rule, which The Commission approved this system shall participate in the Directed specifies that if a UTP Exchange elects requirement with respect to Nasdaq’s Order processing as described in not to participate in SuperSOES,5 current execution systems, SuperSOES subparagraph (c) of this rule. SuperSOES will not include the UTP and the SelectNet Service.9 This (5) Decrementation—UTP Exchanges Exchange’s quotation for order language implementing this requirement shall be subject to the decrementation processing and execution purposes. The is contained in NASD Rule 4710(b)(1)(B) procedures described in subparagraph pilot rule first became effective, on and 4710(f)(3). This language differs (b) of this rule. October 31, 2001, and the pilot rule was from the current rule, but the (6) Scope of Rules—Nothing in these extended on March 1, 2002 and May 31, requirement will operate in rules shall apply to UTP Exchanges that 2002.6 The language implementing this SuperMontage precisely as it does today elect not to participate in the system. restriction is set forth in NASD Rule in SuperSOES and SelectNet. * * * * * 4710(f) above, and it is identical to the Nasdaq favors this rule for a number current rule. of reasons. The volume and speed at II. Self-Regulatory Organization’s Establishing SuperMontage as the which trading occurs in Nasdaq Statement of the Purpose of, and primary platform for trading Nasdaq- demands that all participants’ quotes/ Statutory Basis for, the Proposed Rule listed securities is a critical step in orders be available for automated Change Nasdaq’s long-standing goal to improve execution. Market participants demand In its filing with the Commission, the quality of its market. Nasdaq and require the ability to access Nasdaq included statements concerning believes that SuperMontage will liquidity at the best prices virtually the purpose of, and basis for, the dramatically increase the speed and instantaneously. Nasdaq believes that proposed rule change and discussed any efficiency of trading in the Nasdaq SuperMontage will be a significant comments it received on the proposed market, resulting in extremely fast improvement over prior Nasdaq rule change. The text of these statements executions and corresponding benefits execution systems, and that it will may be examined at the places specified to investors. If, however, a UTP provide market participants faster in Item IV below. Nasdaq has prepared Exchange chose to access Nasdaq but executions and higher fill rates. summaries, set forth in Sections A, B, was not accessible for automatic Although order delivery (previously and C below, of the most significant executions through SuperMontage, there offered through SelectNet)—which aspects of such statements. would be a potential for queuing in the requires an affirmative response in order system that could disrupt and slow the to consummate a trade—was adequate A. Self-Regulatory Organization’s market. To improve the trading as the primary means of UTP Exchange Statement of the Purpose of, and environment for all of Nasdaq’s valued access in the past, Nasdaq can no longer Statutory Basis for, the Proposed Rule market participants, and to avoid offer this functionality as an option to Change potential significant market disruptions, UTP Exchanges. Indeed, automatic 1. Purpose we are amending SuperMontage rules to execution has become the primary remove non-participating UTP means of accessing market makers Nasdaq currently anticipates that on Exchanges from the SuperMontage quotes in Nasdaq. July 29, 2002 it will begin operating execution and order processing Participation in SuperMontage by SuperMontage, a proprietary automatic function. UTP Exchanges is a voluntary action by execution and order delivery system UTP Exchanges that choose this each exchange. Nasdaq is not obligated that will serve as a single point of entry option would submit their quotes to provide UTP Exchanges with access into the Nasdaq market. As an directly to the securities information to any of Nasdaq’s proprietary systems. independent market, Nasdaq is not processor (‘‘SIP’’), not Nasdaq’s market Therefore, it is entirely appropriate for obligated to provide UTP Exchanges systems, and would be accessible by Nasdaq to limit UTP Exchange access to with access to any of Nasdaq’s telephone as contemplated in the proprietary systems. Therefore, subject 7 This is the method that the Cincinnati Stock to SEC approval where necessary, 5 ‘‘SuperSOES’’ is the commonly used term to Exchange uses for trading Nasdaq securities under Nasdaq is entitled to condition the describe Nasdaq’s current Nasdaq National Market the Nasdaq UTP Plan. manner in which it will voluntarily Execution System (‘‘NNMS’’). SuperMontage is, in 8 This proposal would not preclude a UTP make its proprietary systems, including effect, Nasdaq’s successor to the NNMS. Exchange from forming a link with Nasdaq outside 6 See Release Nos. 34–45047 (Nov. 8, 2001), 66 FR Nasdaq’s market system or the parameters of a NMS SuperMontage, available to UTP 57496 (Nov. 15, 2001); 34–45496 (March 1, 2002), plan. Exchanges that choose to use them. 67 FR 10785 (Mar. 8, 2002); and 34–46016 (May 31, 9 See Release No. 34–45704 (Apr. 8, 2002), 67 FR Likewise, participation in 2002), 67 FR 39457 (June 7, 2002). 18278 (Apr. 15, 2002).
VerDate Aug<2,>2002 13:32 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 E:\FR\FM\19AUN1.SGM pfrm15 PsN: 19AUN1 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Notices 53825
Nasdaq’s most efficient system. to tailor contracts to an exchange’s which it was filed, or such shorter time Nasdaq’s voluntary action, designed to specific needs and business model. The as the Commission may designate, it has improve efficiency and maintain an rule language, contained in NASD Rule become effective pursuant to Section orderly market, should not become an 4710(f), is intended to expand the scope 19(b)(3)(A) of the Act 14 and Rule 19b– opportunity for a Nasdaq competitor to of functionality available to UTP 4(f)(6) thereunder.15 At any time within harm the ability of Nasdaq to improve Exchanges beyond that included in the 60 days of the filing of the proposed rule its markets. approved rules. NASD Rule 4710(f) also change, the Commission may summarily 3. UTP Exchanges That Choose To Use sets out the minimum obligations of a abrogate the rule change if it appears to SuperMontage Must Execute an UTP Exchange that wishes to participate the Commission that such action is Agreement Governing the Terms of That in Nasdaq. The Nasdaq Workstation necessary or appropriate in the public Usage Subscriber Agreement, as amended for interest, for the protection of investors, UTP Exchanges may expand but shall or otherwise in furtherance of the Nasdaq hopes to enter into arms- not contract the rights and obligations purposes of the Act. length agreements with national set forth in these rules. While Nasdaq securities exchanges governing their may make SuperMontage access IV. Solicitation of Comments participation in SuperMontage, available to UTP Exchanges on terms including the functionality and pricing that differ from the terms applicable to Interested persons are invited to involved. Nasdaq believes it is essential members, Nasdaq is aware of its submit written data, views, and that all UTP Exchanges that use Nasdaq obligation to not unreasonably arguments concerning the foregoing, proprietary systems execute a contract discriminate among similarly situated including whether the proposed rule defining the terms and conditions of national securities exchanges. change is consistent with the Act. such use, which may be different from Persons making written submissions 2. Statutory Basis the terms and conditions imposed on should file six copies thereof with the Nasdaq members.10 It is essential for Nasdaq believes that the proposed Secretary, Securities and Exchange preserving the integrity of Nasdaq’s extension of this pilot is consistent with Commission, 450 Fifth Street, NW., proprietary systems that those self- the provisions of Section 15A of the Washington, DC 20549–0609. Copies of regulatory organizations that use those 12 Act, in general and with Section the submission, all subsequent systems agree to ensure that their 15A(b)(6) of the Act,13 in particular, in members (over which Nasdaq typically amendments, all written statements that the proposal is designed to facilitate with respect to the proposed rule has no direct authority) use them in a transactions in securities, to remove change that are filed with the manner that is consistent with Nasdaq’s impediments to and perfect the Commission, and all written systems requirements. mechanism of a free and open market Similarly, Nasdaq will make and a national market system, and, in communications relating to the SuperMontage available to UTP general, to protect investors and the proposed rule change between the exchanges on the basis of contractually public interest. In particular, Nasdaq Commission and any person, other than agreed charges for such use. Such believes that modifying the manner in those that may be withheld from the charges may be different than the which UTP Exchanges voluntarily public in accordance with the charges that Nasdaq members pay for participate in SuperMontage is provisions of 5 U.S.C. 552, will be SuperMontage, exactly as the necessary for the fair and orderly available for inspection and copying in Commission permitted Nasdaq to charge operation of Nasdaq. the Commission’s Public Reference UTP exchanges more for access to ACT Room. Copies of such filing will also be 11 than Nasdaq charges its members. B. Self-Regulatory Organization’s available for inspection and copying at Statement on Burden on Competition Nasdaq participants have paid for the the principal office of the NASD. All maintenance and development of Nasdaq does not believe that the submissions should refer to File No. Nasdaq execution systems, such as proposed rule change will result in any SR–NASD–2002–91 and should be SuperMontage, over the course of more burden on competition that is not submitted by September 9, 2002. than two decades. Charging UTP necessary or appropriate in furtherance exchanges or other non-members a of the purposes of the Act. For the Commission, by the Division of higher rate than members for these Market Regulation, pursuant to delegated services reflects the fact that the Nasdaq C. Self-Regulatory Organization’s authority.16 members have already borne the costs to Statement on Comments on the Margaret H. McFarland, Proposed Rule Change Received From build and enhance those services over Deputy Secretary. Members, Participants or Others time. [FR Doc. 02–20976 Filed 8–16–02; 8:45 am] The fact that the charges are set Nasdaq neither solicited nor received BILLING CODE 8010–01–P through arms-length contract written comments with respect to the negotiations with UTP exchanges allows proposed rule change. for the flexibility to address the myriad ways in which different UTP Exchanges III. Date of Effectiveness of the may wish to voluntarily participate in Proposed Rule Change and Timing for SuperMontage. The ability to enter into Commission Action separately negotiated contracts gives Because the foregoing proposed rule UTP Exchanges and Nasdaq the ability change does not (i) significantly affect the protection of investors or the public 10 Nasdaq does not impose a monthly fee for interest; (ii) impose any significant access to the UTP Interface. The UTP Interface is burden on competition; and (iii) become installed and maintained by an independent vendor. operative for 30 days from the date on 14 15 U.S.C. 78s(b)(3)(A). 11 See Release No. 34–45702 (April 5, 2002); 67 FR 18279 (April 15, 2002) (approving SR–NASD– 12 15 U.S.C. 78o–3. 15 17 CFR 240.19b–4(f)(6). 2002–35). 13 15 U.S.C. 78o–3(b)(6). 16 17 CFR 200.30–3(a)(12).
VerDate Aug<2,>2002 13:32 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 E:\FR\FM\19AUN1.SGM pfrm15 PsN: 19AUN1 53826 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Notices
SECURITIES AND EXCHANGE I. Self-Regulatory Organization’s internal system which then COMMISSION Statement of the Terms of Substance of automatically forwards the update to the Proposed Rule Change Nasdaq); (3) the update is to reflect the [Release No. 34–46341; File No. SR–NASD– Nasdaq proposes to amend NASD receipt, execution, or cancellation of a 2002–76] Interpretive Material 4613 (‘‘IM–4613’’) customer limit order; or (4) an electronic to codify an interpretation concerning communications network as defined in Self-Regulatory Organizations; Notice the extent to which IM–4613 applies to SEC Rule 11Ac1–1(a)(8) is required to of Filing and Immediate Effectiveness computer generated quoting (‘‘CGQ’’) maintain a two-sided quotation in of a Proposed Rule Change and that is not designed to update a market Nasdaq for the purpose of meeting Amendment Nos. 1 and 2 by the maker’s quote automatically to keep the Nasdaq system design requirements. National Association of Securities market maker away from the inside (c) Computer Generated Quoting— (1) Definition—‘‘Computer Generated Dealers, Inc. Relating to Interpretive market. Specifically, Nasdaq proposes to Quoting’’ means the practice of Material 4613 and Computer Generated (1) define the term ‘‘Computer effecting, without a physical entry, a Quoting Generated Quoting,’’ (2) clarify that quote update that is not designed to CGQ is generally prohibited, and (3) August 12, 2002. keep a market maker’s quote away from provide that market makers can engage Pursuant to section 19(b)(1) of the the Nasdaq and/or national best bid/ in CGQ if such activity is consistent Securities Exchange Act of 1934 best offer, but does not include the with the intent of IM–4613. Nasdaq has (‘‘Act’’),1 and Rule 19b–4 thereunder,2 activity set forth in subparagraph (b) of also developed certain standards that a notice is hereby given that on June 13, this interpretive material. market maker must meet to engage in 2002, the National Association of (2) Prohibition—The prohibitions CGQ. According to Nasdaq, these Securities Dealers, Inc. (‘‘NASD’’ or against autoquoting contained in standards are based on Nasdaq’s ‘‘Association’’), through its subsidiary, paragraph(a) of this interpretative experience with two market makers that the Nasdaq Stock Market, Inc. material, shall also apply to the practice recently began utilizing CGQ systems,7 (‘‘Nasdaq’’), filed with the Securities of Computer Generated Quoting, unless and are designed to preserve the and Exchange Commission the market maker meets the conditions integrity of Nasdaq’s systems and (‘‘Commission’’) the proposed rule in subparagraph (c)(3) of this protect investors and the public interest. change as described in Items I, II, and interpretive material. Below is the text of the proposed rule III below, which Items have been (3) Exception—A market maker may change. Proposed new language is in engage in the practice of Computer prepared by Nasdaq. On July 29, 2002, italics. Nasdaq filed an amendment to the Generated Quoting if the market maker: proposed rule change.3 On August 8, * * * * * Prior to engaging in such activity 2002, Nasdaq filed another amendment IM–4613—Autoquote Policy provides Nasdaq a description of its 4 Computer Generated Quoting system; to the proposed rule change. As (a) General Prohibition—The amended, the proposal is effective upon requests and obtains written interpretive Association has extended a policy relief from Nasdaq staff stating that the filing with the Commission, pursuant to banning the automated update of 5 market maker’s Computer Generated section 19(b)(3)(A) of the Act, and Rule quotations by market makers in Nasdaq. 19b–4(f)(1) thereunder.6 The Quoting system is permissible under Except as provided below, this policy Interpretive Material 4613; and Commission is publishing this notice to prohibits systems known as ‘‘autoquote’’ solicit comments on the proposed rule complies with terms that are set forth in systems from effecting automated quote the interpretive relief. In establishing change, as amended, from interested updates or tracking of inside quotations persons. terms of the interpretive relief, Nasdaq in Nasdaq. This ban is necessary to shall consider the applicant’s impact on offset the negative impact on the Nasdaq’s capacity, in conjunction with 1 15 U.S.C. 78s(b)(1). capacity and operation of Nasdaq of the overall impact on Nasdaq’s capacity 2 17 CFR 240.19b–4. certain autoquote techniques that track 3 See letter from Peter R. Geraghty, Associate Vice of existing Computer Generated Quoting President and Associate General Counsel, Nasdaq, changes to the inside quotation in systems authorized by Nasdaq, as well to Katherine England, Assistant Director, Division Nasdaq and automatically react by as the protection of investors and the of Market Regulation (‘‘Division’’), Commission generating another quote to keep the public interest. If a market maker that (‘‘Amendment No. 1’’). Amendment No. 1 clarifies market maker’s quote away from the that Nasdaq will summarily suspend a market engages in Computer Generated Quoting maker’s quoting activity if necessary to preserve best market. fails to comply with the terms set forth capacity and to protect investors and the public (b) Exceptions to the General in the interpretive relief, Nasdaq may interest. For example, Nasdaq will suspend a Prohibition—Automated updating of summarily modify or revoke the market maker’s quoting activity if the performance quotations is permitted when: (1) The interpretive relief and/or summarily of Nasdaq’s market was in jeopardy and, after update is in response to an execution in attempting to contact the market maker, the market suspend such quoting activity if maker failed to voluntarily suspend its computer the security by that firm (such as necessary to preserve capacity and to generated quoting activity. execution of an order that partially fills protect investors and the public interest. 4 See letter from Peter R. Geraghty, Associate Vice a market maker’s quotation size), and is * * * * * President and Associate General Counsel, Nasdaq, in compliance with Rule 4613(b)(2); (2) to Lisa Jones, Attorney, Division, Commission (‘‘Amendment No. 2’’). Amendment No. 2 clarifies it requires a physical entry (such as a II. Self-Regulatory Organization’s in the purpose section of the proposal that Nasdaq manual entry to the market maker’s Statement of the Purpose of, and will give market makers advance notice should the Statutory Basis for, the Proposed Rule standards for using computer generated quoting 7 Nasdaq staff recently issued two letters Change systems change. Amendment No. 2 also makes a indicating that the market makers could utilize CGQ technical amendment to the rule text of the systems that are consistent with IM–4613. See In its filing with the Commission, proposal. letters from Edward S. Knight, Executive Vice Nasdaq included statements concerning 5 15 U.S.C. 78s(b)(3)(A). President and General Counsel, Nasdaq, to Thomas the purpose of, and basis for, the 6 17 CFR 240.19b–4(f)(1). For purposes of Peterffy, Chairman, Timber Hill LLC, dated calculating the 60-day abrogation period, the November 14, 2001; and to Richard J. McDonald, proposed rule change and discussed any Commission considers the period to begin as of the Compliance Director, Susquehanna Capital Group, comments it received on the proposed date Nasdaq filed Amendment No. 1, July 29, 2002. dated April 23, 2002. rule change. The text of these statements
VerDate Aug<2,>2002 13:32 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 E:\FR\FM\19AUN1.SGM pfrm15 PsN: 19AUN1 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Notices 53827
may be examined at the places specified However, Nasdaq’s overall system activity quickly upon request from in Item IV below. Nasdaq has prepared capacity is not limitless, and Nasdaq has Nasdaq. summaries, set forth in Sections A, B, an overarching obligation to protect Nasdaq believes CGQ systems can and C below, of the most significant investors and the public interest. enhance market quality by contributing aspects of such statements. Therefore, Nasdaq cannot permit these liquidity, but it will not allow the use A. Self-Regulatory Organization’s systems to be utilized without certain of CGQ systems to compromise the Statement of the Purpose of, and controls, and has taken the position that overall high level of performance and Statutory Basis for, the Proposed Rule CGQ is permitted under IM–4613 if the reliability of the Nasdaq market. Change activity will not adversely impact the Therefore, on an ongoing basis, Nasdaq overall functioning of the Nasdaq will monitor closely overall quoting Nasdaq believes that the underlying 11 market. This requirement is in activity and its system capacity, and purpose of IM–4613 is to preserve the addition to the requirement that the adjust the standards if necessary to integrity of Nasdaq’s systems by system does not produce quotes to track ensure that Nasdaq can meet capacity prohibiting automated quoting activity away from the inside market, and must 15 that does not contribute to the depth demands. In addition, Nasdaq will be designed to result in the market monitor closely each individual market and liquidity of the market. However, maker regularly participating at or near the language of IM–4613 arguably can maker’s quoting activity, and, if Nasdaq the inside market. Prior to issuing the determines a market maker is not be read to prohibit market makers from interpretations, Nasdaq carefully using any automated means to update complying with the terms of the analyzed its system capacity demand interpretive relief, Nasdaq may their quotes, with a few narrow models, and developed quotation exceptions,8 even if such systems would summarily modify or revoke the capacity standards that would permit interpretive relief and/or summarily contribute to the liquidity of the market. market makers to utilize CGQ systems, The confusion created by this conflict suspend the quoting activity of such but also maintain enough excess market maker if necessary to preserve caused several market makers to request capacity so that Nasdaq can meet its interpretive advice on the applicability capacity and to protect investors and the peak demand. public interest.16 In addition, Nasdaq of IM–4613 to certain quoting activity. These standards will be applied to all Specifically, two Nasdaq market may refer the matter for disciplinary market makers utilizing CGQ systems, makers inquired as to whether the rule action. and Nasdaq will consider such things as applies to situations where a market To summarize, the proposed rule quote updates per second, both at the maker generates quote updates through change clarifies that IM–4613 applies to individual security level and firm wide automated means that do not track away systems that, without physical entry, level, and are calibrated to ensure that from the inside market.9 These market submit quote updates that are not Nasdaq retains excess capacity during makers engage in trading strategies designed to keep a market maker’s quote times of peak demand.12 Market makers where their quoted prices are based on away from the inside. Nasdaq believes also will be required to phase in their several factors, such as the last sale, that defining the term ‘‘Computer CGQ activity in consultation with bids, offers and sizes, where available, Generated Quoting’’ and specifically Nasdaq staff, and comply with the on stocks, futures and options, and stating that such systems are prohibited autoquoting restrictions contained in certain statistically derived accomplish this. As discussed above, the Nasdaq UTP Plan.13 In addition, relationships among these instruments. the general prohibition is necessary to market makers must be able to Another market maker recently maintain the integrity of Nasdaq’s demonstrate compliance with these requested an interpretation so that it systems, and the exception is the standards,14 and suspend their CGQ may submit quotes automatically based codification of the existing on the best prices contained in an 11 Nasdaq staff issued interpretive letters to the interpretation designed to permit market affiliated electronic communications two market makers whose CGQ systems generate makers to utilize CGQ systems 10 network. quotes based on the relationship between the price consistent with Nasdaq’s obligations to Nasdaq believes these types of CGQ of the stock and other instruments. Nasdaq will preserve the integrity of its systems and systems, if carefully monitored, can be issue a letter to another market maker, and re-issue to protect investors and the public utilized without raising the concerns letters to the first two market makers, contemporaneous with the filing of this proposed interest. that IM–4613 addresses. In the requests rule change. At such time, all three letters will received to date, the market makers do contain uniform quote update limits, which are update rates and supply such data to Nasdaq upon not employ techniques that track discussed later. The letters are posted on NASD request. Regulation’s Web site at http://www.nasdr.com. changes to the inside market to keep the 15 Nasdaq notes that Nasdaq technology staff 12 Pursuant to the three interpretive letters issued constantly monitors capacity levels to ensure that market maker’s prevailing quote away simultaneously with the filing of this proposed rule from the inside market, and the systems Nasdaq systems operate effectively. Nasdaq systems change, Nasdaq proposes that the market makers capacity is designed to meet peak usage are designed to result in the market will be subject to the following quote update requirements, which normally occur at the opening maker regularly participating at or near limitations: of the market, the closing, or at other times during • the best bid and offer. As such, while From 9:30 a.m. to 9:35 a.m. Eastern Time and the day due to scheduled events. In addition, peak from 3:55 p.m. to 4 p.m. Eastern Time, a market these systems could produce quote usage can be caused by unexpected events, such as maker utilizing a CGQ system shall not exceed the a merger announcement. As Nasdaq staff have update rates similar to those that track following parameters: 30 quotes per second in gained experience with the two market makers away from the inside market, the CQG aggregate for all securities, measured over each 15 utilizing the CGQ systems, it has modified the systems, in contrast, will contribute to second interval; and a maximum of 3 quotes per standards several times, and it is possible these second for each security; and the liquidity of the market. standards would be modified again as staff gain • From 9:35:01 a.m. to 3:54:59 p.m. Eastern Time, additional experience with more market makers. In a market maker utilizing a CGQ system shall not developing current and future CGQ standards, 8 The current rule contains certain exceptions, exceed the following parameters: 50 quotes per Nasdaq will look first to ensuring the overall including when the update of quotes is the result second in aggregate for all securities, measured over integrity of its systems and to protect investors and of an execution, or the quote, while generated each 15 second interval; and a maximum of 3 quote the public interest. Nasdaq will notify market automatically, is entered manually. See NASD IM per second for each security. makers permitted to utilize CGQ systems in 4613(b). 13 See Nasdaq UTP Plan, Amendment 12. advance if the standards for using such systems 9 See infra note 10. 14 To demonstrate compliance with the standards, change. See Amendment No. 2, supra note 4. 10 Id. a market maker’s system must measure quote 16 See Amendment No. 1, supra note 3.
VerDate Aug<2,>2002 13:32 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 E:\FR\FM\19AUN1.SGM pfrm15 PsN: 19AUN1 53828 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Notices
Statutory Basis the protection of investors, or otherwise solicit comments on the proposed rule Nasdaq believes that the proposal is in furtherance of the purposes of the change from interested persons. Act. consistent with section 15A(b)(6) of the I. Self-Regulatory Organization’s Act.17 Section 15A(b)(6) requires, IV. Solicitation of Comments Statement of the Terms of Substance of among other things, that the rules of a Interested persons are invited to the Proposed Rule Change registered national securities association submit written data, views, and be designed to prevent fraudulent and The proposed rule change amends arguments concerning the foregoing, manipulative acts and practices, to OCC’s schedule of fees to reflect the including whether the proposed rule promote just and equitable principles of restructuring of OCC’s ancillary services change is consistent with the Act. trade, to foster cooperation and program. Persons making written submissions coordination with persons engaged in should file six copies thereof with the II. Self-Regulatory Organization’s regulating, clearing, settling, processing Secretary, Securities and Exchange Statement of the Purpose of, and information with respect to, and Commission, 450 Fifth Street, NW., Statutory Basis for, the Proposed Rule facilitating transactions in securities, to Washington, DC 20549–0609. Copies of Change remove impediments to and perfect the the submission, all subsequent mechanism of a free and open market In its filing with the Commission, amendments, all written statements and a national market system, and, in OCC included statements concerning with respect to the proposed rule general, to protect investors and the the purpose of and basis for the change that are filed with the public interest; and are not designed to proposed rule change and discussed any Commission, and all written permit unfair discrimination between comments it received on the proposed communications relating to the customers, issuers, brokers, or dealers. rule change. The text of these statements proposed rule change between the Nasdaq believes that permitting market may be examined at the places specified Commission and any person, other than makers to use these systems should in Item IV below. OCC has prepared those that may be withheld from the have several benefits. Market makers summaries, set forth in sections (A), (B), public in accordance with the will be able to utilize existing computer and (C) below, of the most significant provisions of 5 U.S.C. 552, will be models, or develop new models, to aspects of such statements.2 available for inspection and copying in automatically generate and update their the Commission’s Public Reference (A) Self-Regulatory Organization’s quotes, which should enhance the price Room. Copies of such filing will also be Statement of the Purpose of, and discovery process and allow members to available for inspection and copying at Statutory Basis for, the Proposed Rule increase the number of stocks in which the principal office of the NASD. All Change they are registered as market makers. submissions should refer to File No. B. Self-Regulatory Organization’s SR–NASD–2002–76 and should be In addition to its clearing and Statement on Burden on Competition submitted by September 9, 2002. settlement services, OCC provides a number of ancillary services to its Nasdaq does not believe that the For the Commission, by the Division of membership. These services range from proposed rule change will result in any Market Regulation, pursuant to delegated authority.20 on-line systems to report and data files. burden on competition that is not Hardware and communications lines Margaret H. McFarland, necessary or appropriate in furtherance support these ancillary service offerings. of the purposes of the Act. Deputy Secretary. However, the current fee structure for [FR Doc. 02–20977 Filed 8–16–02; 8:45 am] C. Self-Regulatory Organization’s these services and their supporting Statement on Comments on the BILLING CODE 8010–01–P communications lines does not cover Proposed Rule Change Received From OCC’s monthly expenses. Accordingly, OCC has decided to restructure its Members, Participants, or Others SECURITIES AND EXCHANGE ancillary services program. Nasdaq has neither solicited nor COMMISSION received written comments on the OCC is implementing a four-tiered [Release No. 34–46339; File No. SR–OCC– proposed rule change. structure with a different bundle of 2002–17] ancillary services being offered at each III. Date of Effectiveness of the Self-Regulatory Organizations; The tier. The tiers, the associated ancillary Proposed Rule Change and Timing for services, and the proposed cost for each Commission Action Options Clearing Corporation; Notice of Filing and Immediate Effectiveness are set forth in Exhibit A of the The foregoing proposed rule change of a Proposed Rule Change Relating to proposed rule change filing (OCC’s has become effective upon filing a Change in Ancillary Service Fees schedule of fees). OCC has also pursuant to section 19(b)(3)(A) of the determined to revise its communication Act 18 and Rule 19b–4(f)(1) 19 thereunder August 12, 2002. line charges. A T1 leased line provides because the proposal is a stated policy, Pursuant to section 19(b)(1) of the the optimal point-to-point secure practice or interpretation with respect to Securities Exchange Act of 1934 communications to OCC’s systems. OCC the meaning, administration, or (‘‘Act’’),1 notice is hereby given that on is revising its schedule of fees to charge enforcement of an existing rule. At any July 23, 2002, The Options Clearing for T1 leased lines and to increase the time within 60 days of the filing of the Corporation (‘‘OCC’’) filed with the current 56.0kb line speed charge. These proposed rule change, the Commission Securities and Exchange Commission charges also are reflected in Exhibit A. may summarily abrogate such rule (‘‘Commission’’) the proposed rule The ancillary service charges and line change if it appears to the Commission change as described in Items I, II, and offerings that have been eliminated as a that such action is necessary or III below, which items have been result of restructuring the ancillary appropriate in the public interest, for prepared primarily by OCC. The services program are set forth in Exhibit Commission is publishing this notice to A. 17 15 U.S.C. 78o–3(b)(6). 18 15 U.S.C. 78s(b)(3)(A). 20 17 CFR 200.30–3(a)(12). 2 The Commission has modified parts of these 19 17 CFR 240. 19b–4(f)(1). 1 15 U.S.C. 78s(b)(1). statements.
VerDate Aug<2,>2002 13:32 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 E:\FR\FM\19AUN1.SGM pfrm15 PsN: 19AUN1 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Notices 53829
OCC believes the proposed rule inspection and copying at the principal print magazines, internet news change is consistent with section 17A of office of OCC. All submissions should providers, and other specialized press. the Act because it provides for the refer to the File No. SR–OCC–2002–17 3. Advises Agency executives, reasonable allocation of costs to provide and should be submitted by September Regional Communications Directors, ancillary services to clearing members. 9, 2002. Public Affairs Specialists, and other employees on matters related to news (B) Self-Regulatory Organization’s For the Commission by the Division of media. Statement on Burden on Competition Market Regulation, pursuant to delegated authority.5 4. Monitors press coverage of Social OCC does not believe that the Margaret H. McFarland, Security programs and employees, and proposed rule change would impose any Deputy Secretary. distributes summaries of media burden on competition. [FR Doc. 02–20979 Filed 8–16–02; 8:45 am] coverage to Agency executives. When appropriate, the Press Office works to (C) Self-Regulatory Organization’s BILLING CODE 8010–01–P Statement on Comments on the correct inaccuracies in coverage. Proposed Rule Change Received From 5. With the Office of Members, Participants, or Others Communications, works to craft SOCIAL SECURITY ADMINISTRATION messages and material for internal and Written comments were not and are external distribution. not intended to be solicited with respect Statement of Organization, Functions to the proposed rule change, and none and Delegations of Authority Add have been received. This statement amends Part S of the H. The Office of the Senior Executive III. Date of Effectiveness of the Statement of the Organization, Officer Proposed Rule Change and Timing for Functions and Delegations of Authority, 1. Under the guidance of the Senior Commission Action which covers the Social Security Executive Officer provides oversight Because the foregoing rule change Administration (SSA). The notice and direction to the ongoing operation changes fees charged clearing members establishes the Office of the Senior and activities of the Office of the by OCC, it has become effective Executive Officer. This notice also Commissioner. pursuant to section 19(b)(3)(A)(ii) of the removes the functions of the Press 2. Plans, manages, and coordinates Act 3 and rule 19b–4(f)(2) 4 thereunder. Office from the Deputy Commissioner of special projects/initiatives involving At any time within sixty days of the Communications and establishes the Agency administrative, policy, or filing of the proposed rule change, the Press Office as an organization in the program issues. Commission may summarily abrogate Office of the Commissioner. The new 3. Serves as a focal point and such rule change if it appears to the material and changes are as follows: represents the interests of the Commission that such action is Section TE.00 The Office of Commissioner to ensure that Agency necessary or appropriate in the public Communications—(Mission) components are aware of and held interest, for the protection of investors, accountable for priorities, initiatives, Delete line or otherwise in furtherance of the and required actions. Acts as a catalyst purposes of the Act. Performs SSA Press Office function to and conduit for the exchange of ensure a unified and consistent message information and direction between the IV. Solicitation of Comments to SSA’s many publics. Commissioner, functional Deputy Commissioners, and other executives. Interested persons are invited to Section SA.10 The Office of the 4. Advises the Commissioner on submit written data, views, and Commissioner—(Organization) arguments concerning the foregoing, issues concerning Agency operation, including whether the proposed rule Add program integration, staffing/personnel change is consistent with the Act. G. The Press Office matters, organizational effectiveness, Persons making written submissions and cooperation. should file six copies thereof with the Add 5. Directs administrative operations Secretary, Securities and Exchange H. The Office of the Senior Executive for the Office of the Commissioner Commission, 450 Fifth Street NW., Officer including the budget, personnel Washington, DC 20549–0609. Copies of management, and the development of the submission, all subsequent Section SA.20 The Office of the policies and procedures necessary to amendments, all written statements Commissioner—(Functions) secure a correctly and efficiently with respect to the proposed rule Add managed office. change that are filed with the 6. Provides oversight and perspective G. The Press Office Commission, and all written on Agency-wide administrative and communications relating to the 1. Under the leadership of the Press programmatic funding. proposed rule change between the Officer guides and coordinates all SSA Dated: August 1, 2002. Commission and any person, other than press activities. It prepares and Jo Anne B. Barnhart, distributes news releases, fact sheets, those that may be withheld from the Commissioner. public in accordance with the and other materials for national [FR Doc. 02–20919 Filed 8–16–02; 8:45 am] provisions of 5 U.S.C. 552, will be distribution and for local release available for inspection and copying in through SSA field offices. BILLING CODE 4191–02–P the Commission’s Public Reference 2. Initiates and maintains contacts with members of the news media and Section, 450 Fifth Street NW., SOCIAL SECURITY ADMINISTRATION Washington, DC 20549. Copies of such responds to press inquiries and requests filing will also be available for from newspapers, radio and television Senior Executive Service Performance news departments; news and general Review Board Membership 3 15 U.S.C. 78s(b)(3)(A)(ii). 4 17 CFR 240.19b–4(f)(2). 5 17 CFR 200.30–3(a)(12). AGENCY: Social Security Administration.
VerDate Aug<2,>2002 13:32 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 E:\FR\FM\19AUN1.SGM pfrm15 PsN: 19AUN1 53830 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Notices
ACTION: Notice of Senior Executive Form Number: DS–3083. SUMMARY: Notice is hereby given of the Service Performance Review Board Respondents: Respondents are non- following determinations: Pursuant to membership. U.S. government persons and/or their the authority vested in me by the Act of eligible family members, authorized by October 19, 1965 (79 Stat. 985; 22 U.S.C. Title 5, U.S. Code, section 4314(c)(4) Public Law 105–277 to receive training 2459), Executive Order 12047 of March of the Civil Service Reform Act of 1978, delivered by the Foreign Service 27, 1978, the Foreign Affairs Reform and Pub. L. 95–454, requires that the Institute on a reimbursable or advance Restructuring Act of 1998 (112 Stat. appointment of Performance Review of funds basis. 2681, et seq.; 22 U.S.C. 6501 note, et Board members be published in the Estimated Number of Respondents: seq.), Delegation of Authority No. 234 of Federal Register. Approximately 100 to 200 persons per October 1, 1999, and Delegation of The following persons will serve on year. Authority No. 236 of October 19, 1999, the Performance Review Board which Average Hours Per Response: 0.5 as amended, I hereby determine that the oversees the evaluation of performance hours (one-half hour). object to be included in the exhibition appraisals of Senior Executive Service Total Estimated Burden: ‘‘Sacred Treasures of Mount Koya: members of the Social Security Approximately 50 to 100 hours/year. The Art of Japanese Shingon Administration. Public comments are being solicited Buddhism,’’ imported from abroad for Nicholas M. Blatchford to permit the agency to: temporary exhibition within the United Philip A. Gambino • Evaluate whether the proposed States, is of cultural significance. The Diane B. Garro collection of information is necessary objects are imported pursuant to a loan Carmen M. Keller for the proper performance of the agreement with the foreign owner. I also Terris A. King determine that the exhibition or display Nancy A. McCullough functions of the agency, including Carolyn L. Simmons whether the information will have of the exhibit objects at the Honolulu practical utility. Academy of Arts, Honolulu, Hawaii Felicita Sola-Carter • Frederick G. Streckewald Evaluate the accuracy of the from on or about August 31, 2002 to on Paul N. Van de Water agency’s estimate of the burden of the or about November 10, 2002, and at Alice H. Wade collection, including the validity of the possible additional venues yet to be John B. Watson methodology and assumptions used. determined, is in the national interest. Charles M. Wood • Enhance the quality, utility, and Public Notice of these Determinations is Dated: August 12, 2002. clarity of the information to be ordered to be published in the Federal collected. Register. Reginald F. Wells, • Minimize the reporting burden on FOR FURTHER INFORMATION CONTACT: Deputy Commissioner for Human Resources. For those who are to respond, including further information, contact Carol B. [FR Doc. 02–20956 Filed 8–16–02; 8:45 am] through the use of automated collection Epstein, Attorney-Adviser, Office of the BILLING CODE 4190–29–P techniques or other forms of technology. Legal Adviser, U.S. Department of State, FOR FURTHER INFORMATION CONTACT: (telephone: 202/619–6981). The address Copies of the proposed information is U.S. Department of State, SA–44, 301 DEPARTMENT OF STATE collection and supporting documents 4th Street, SW., Room 700, Washington, [Public Notice 4099] may be obtained from the Wayne A. DC 20547–0001. Oshima, Foreign Service Institute, Dated: August 14, 2002. Foreign Service Institute; 30-Day Office of the Executive Director, U.S. Notice of Proposed Information Department of State, Washington, DC Patricia S. Harrison, Collection: Form DS–3083, Training 20522–4201, (703) 302–6730. Public Assistant Secretary for Educational and Registration (for Non-U.S. Government comments and questions should be Cultural Affairs , Department of State. Persons); OMB Control #1405–XXXX directed to the State Department Desk [FR Doc. 02–21166 Filed 8–16–02; 8:45 am] Officer, Office of Information and BILLING CODE 4710–08–P ACTION: Notice. Regulatory Affairs, Office of SUMMARY: The Department of State has Management and Budget (OMB), DEPARTMENT OF TRANSPORTATION submitted the following information Washington, DC 20530, who may be reached on 202–395–3897. collection request to the Office of Office of the Secretary Management and Budget (OMB) for Dated: July 23, 2002. approval in accordance with the Catherine J. Russell, Notice of Applications for Certificates Paperwork Reduction Act of 1995. Executive Director, Foreign Service Institute, of Public Convenience and Necessity Comments should be submitted to OMB Department of State. and Foreign Air Carrier Permits Filed within 30 days of the publication of this [FR Doc. 02–21000 Filed 8–16–02; 8:45 am] Under Subpart B (Formerly Subpart Q) notice. BILLING CODE 4710–34–P During the Week Ending August 9, The following summarizes the 2002 information collection proposal submitted to OMB: DEPARTMENT OF STATE The following Applications for Type of Request: New collection. Certificates of Public Convenience and Originating Office: Foreign Service [Public Notice 4100] Necessity and Foreign Air Carrier Institute (M/FSI). Permits were filed under subpart B Title of Information Collection: Culturally Significant Objects Imported (formerly subpart Q) of the Department Training Registration (For Non-U.S. for Exhibition Determinations: ‘‘Sacred of Transportation’s Procedural Government Persons). Treasures of Mount Koya: The Art of Regulations (See 14 CFR 301.201 et. Frequency: Continuously (as needed Japanese Shingon Buddhism’’ seq.). The due date for Answers, for covered individuals to enroll in AGENCY: Department of State. Conforming Applications, or Motions to training courses provided by the Foreign Modify Scope are set forth below for ACTION: Notice. Service Institute, Department of State). each application. Following the Answer
VerDate Aug<2,>2002 13:32 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 E:\FR\FM\19AUN1.SGM pfrm15 PsN: 19AUN1 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Notices 53831
period DOT may process the application Denise Emrick (202) 267–5174, Office of Description of Relief Sought/ by expedited procedures. Such Rulemaking (ARM–1), Federal Aviation Disposition: To permit Capital to procedures may consist of the adoption Administration, 800 Independence operate certain aircraft under part 135 of a show-cause order, a tentative order, Avenue, SW., Washington, DC 20591. without a TSO–C112 (Modes S) or in appropriate cases a final order This notice is published pursuant to transponder installed in the aircraft. without further proceedings. 14 CFR 11.85 and 11.91. Grant/June 4, 2002, Exemption No. 7792 Docket Number: OST–1997–2646. Issued in Washington, DC on August 1, Docket No.: FAA–2002–11575. Date Filed: August 9, 2002. 2002. Petitioner: Rhinelander Flying Due Date for Answers, Conforming Donald P. Byrne, Service, Inc. Applications, or Motion to Modify Assistant Chief Counsel for Regulations. Section of 14 CFR Affected: 14 CFR Scope: August 30, 2002. § 135.143(c)(2). Description: Application of Florida Dispositions of Petitions Description of Relief Sought/ West International Airways, Inc. Docket No.: FAA–2002–11925. Disposition: To permit Rhinelander to (FWIA), pursuant to 49 U.S.C. 41102 Petitioner: Helicopters, Inc. operate certain aircraft under part 135 and subpart B, requesting renewal of its Section of 14 CFR Affected: without a TSO–C112 (Modes S) certificate of public convenience and 14 CFR § 135.143(c)(2). transponder installed in the aircraft. necessity, authorizing it to engage in the Description of Relief Sought/ Grant/June 4, 2002, Exemption No. foreign air transportation of property Disposition: To permit Helicopters to 7793 and mail between the coterminal points operate certain aircraft under part 135 Docket No.: FAA–2002–12252. Houston, Texas and Miami, Florida, on without a TSO–C112 (Modes S) Petitioner: Biplane Adventures, Inc. the one hand, and Lima and Iquitos, transponder installed in the aircraft. Section of 14 CFR Affected: 14 CFR Peru, on the other hand, with beyond Grant/June 3, 2002, Exemption No. 7788 § 135.143(c)(2). service to Santiago, Chile. FWIA also Docket No.: FAA–2002–12110. Description of Relief Sought/ requests, that this authority be Petitioner: Nassau Helicopter. Disposition: To permit Biplane integrated with all other services it is Section of 14 CFR Affected: 14 CFR Adventures Inc to operate certain otherwise authorized to conduct § 135.143(c)(2). aircraft under part 135 without a TSO- pursuant to its exemption and certificate Description of Relief Sought/ C112 (Modes S) transponder installed in authorities, consistent with applicable Disposition: To permit Nassau to the aircraft. Grant/June 4, 2002, agreements between the U.S. and operate certain aircraft under part 135 Exemption No. 7797 foreign countries. without a TSO–C112 (Modes S) Docket No.: FAA–2002–11576. Dorothy Y. Beard, transponder installed in the aircraft. Grant/June 3, 2002, Exemption No. 7787 Petitioner: Averitt Air, Inc. Federal Register Liaison. Section of 14 CFR Affected: 14 CFR [FR Doc. 02–21030 Filed 8–16–02; 8:45 am] Docket No.: FAA–2002–12255. § 135.143(c)(2). Petitioner: Rogers Helicopters, Inc. BILLING CODE 4910–62–P Description of Relief Sought/ Section of 14 CFR Affected: 14 CFR Disposition: To permit Averitt to operate 135.152(a). certain aircraft under part 135 without Description of Relief Sought/ DEPARTMENT OF TRANSPORTATION a TSO–C112 (Modes S) transponder Disposition: To permit Rogers to operate installed in the aircraft. Grant/June 4, 6 Bell 212 helicopters (Registration Nos. Federal Aviation Administration 2002, Exemption No. 7796 N911HW, N911VR, N911KW, N873HL, [Summary Notice No. PE–2002–49] N811KA, and N212HL; and Serial Nos. Docket No.: FAA–2002–12336. 31101, 30998, 30592, 30873, 30656, and Petitioner: Womack Aviation. Petitions for Exemption; Dispositions Section of 14 CFR Affected: 14 CFR of Petitions Issued 30621, respectively) under part 135 without those helicopters being § 135.143(c)(2). AGENCY: Federal Aviation equipped with an approved digital flight Description of Relief Sought/ Administration (FAA), DOT. data recorder (DFDR). Grant/May 31, Disposition: To permit Womack to operate certain aircraft under part 135 ACTION: Notice of dispositions of prior 2002, Exemption No. 7789 without a TSO-C112 (Modes S) petitions for exemption. Docket No.: FAA–2002–12340. Petitioner: Moody Aviation. transponder installed in the aircraft. SUMMARY: Pursuant to FAA’s rulemaking Section of 14 CFR Affected: 14 CFR Grant/June 4, 2002, Exemption No. 7795 provisions governing the application, §§ 135.251, 135.255, and 135.353, and Docket No.: FAA–2002–12124. processing, and disposition of petitions appendices I and J to part 121. Petitioner: Wright Air Service, Inc. for exemption part 11 of Title 14, Code Description of Relief Sought/ Section of 14 CFR Affected: 14 CFR of Federal Regulations (14 CFR), this Disposition: To permit Moody to § 135.143(c)(2). notice contains a summary of conduct local sightseeing flights at the Description of Relief Sought/ dispositions of certain petitions Elizabethton Municipal Airport, for Disposition: To permit Wright to operate previously received. The purpose of this sightseeing flights during its annual certain aircraft under part 135 without notice is to improve the public’s community event on June 8, 2002, for a TSO-C112 (Modes S) transponder awareness of, and participation in, this compensation or hire without installed in the aircraft. Grant/June 4, aspect of FAA’s regulatory activities. complying with certain anti-drug and 2002, Exemption No. 7794 Neither publication of this notice nor alcohol misuse prevention requirements Docket No.: FAA–2002–12254. the inclusion or omission of information of part 135. Grant/June 4, 2002, Petitioner: North Flight EMS. in the summary is intended to affect the Exemption No. 7791 Section of 14 CFR Affected: 14 CFR legal status of any petition. Docket No.: FAA–2002–11572. § 135.143(c)(2). FOR FURTHER INFORMATION CONTACT: Petitioner: Capital City Air Carrier, Description of Relief Sought/ Forest Rawls (202) 267–8033, Sandy Inc. Disposition: To permit North Flight Buchanan-Sumter (202) 267–7271, Section of 14 CFR Affected: 14 CFR EMS to operate certain aircraft under Vanessa Wilkins (202) 267–8029, or § 135.143(c)(2). part 135 without a TSO-C112 (Modes S)
VerDate Aug<2,>2002 17:07 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 E:\FR\FM\19AUN1.SGM pfrm17 PsN: 19AUN1 53832 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Notices
transponder installed in the aircraft. Petitioner: Priority Air, Inc. Docket No.: FAA–2002–11595. Grant/June 6, 2002, Exemption No. 7803 Section of 14 CFR Affected: 14 CFR Petitioner: American Eagle Airlines, Docket No.: FAA–2002–11929. § 135.143(c)(2). Inc. Petitioner: Delta Aviation, LLC. Description of Relief Sought/ Section of 14 CFR Affected: 14 CFR Section of 14 CFR Affected: 14 CFR Disposition: To permit Priority to § 121.434(c)(1)(ii). § 135.143(c)(2). operate certain aircraft under part 135 Description of Relief Sought/ Description of Relief Sought/ without a TSO-C112 (Modes S) Disposition: To permit American Eagle Disposition: To permit Delta to operate transponder installed in the aircraft. to substitute a qualified and authorized certain aircraft under part 135 without Grant/June 6, 2002, Exemption No. 7806 check airman in place of an FAA a TSO-C112 (Modes S) transponder Docket No.: FAA–2002–11495. inspector to observe a qualifying pilot in installed in the aircraft. Grant/June 6, Petitioner: Federal Express command (PIC) while that PIC is 2002, Exemption No. 7802 Corporation. performing prescribed duties during at least one flight leg that includes a Docket No.: FAA–2000–8141. Section of 14 CFR Affected: 14 CFR takeoff and a landing when completing Petitioner: Mr. Leon C. Braswell. § 121.345(c)(2). initial or upgrade training as specified Section of 14 CFR Affected: 14 CFR Description of Relief Sought/ in § 121.424. Grant/June 13, 2002, § 135.143(c)(2). Disposition: To permit Mountain Air Description of Relief Sought/ Cargo to operate certain aircraft under Exemption No. 7252A Disposition: To permit Mr. Leon C. part 135 without a TSO-C112 (Modes S) Docket No.: FAA–2002–12168. Braswell to operate certain aircraft transponder installed in the aircraft. Petitioner: West Bend Air, Inc. under part 135 without a TSO-C112 Grant/June 6, 2002, Exemption No. 7801 Section of 14 CFR Affected: 14 CFR (Modes S) transponder installed in the Docket No.: FAA–2002–11424. §§ 135.251, 135.255, 135.353, and aircraft. Grant/June 6, 2002, Exemption Petitioner: Empire Airlines. appendices I and J to part 121. No. 7398A Section of 14 CFR Affected: 14 CFR Description of Relief Sought/ § 121.345(c)(2). Disposition: To permit West Bend to Docket No.: FAA–2001–11059. Description of Relief Sought/ conduct local sightseeing flights without Petitioner: Jerrold W. Braswell. Disposition: To permit Empire to complying with certain anti-drug and Section of 14 CFR Affected: 14 CFR operate certain aircraft under part 121 alcohol misuse prevention requirements § 135.143(c)(2). without a TSO-C112 (Modes S) of part 135. Denial/June 14, 2002, Description of Relief Sought/ transponder installed in the aircraft. Exemption No. 7786A Disposition: To permit Mr. Jerrold W. Grant/June 6, 2002, Exemption No. 7800 Braswell to operate certain aircraft Docket No.: FAA–2002–12455 under part 135 without a TSO-C112 Docket No.: FAA–2002–11938. Petitioner: Air Transport Association (Modes S) transponder installed in the Petitioner: Friends of Allen County of American. aircraft. Grant/June 6, 2002, Exemption Airport. Section of 14 CFR Affected: 14 CFR No. 7674A Section of 14 CFR Affected: 14 CFR §§ 61.3(a) and (c), 63.3(a) and §§ 135.251, 135.255, and 135.353, and 121.383(a)(2) Description of Relief Docket No.: FAA–2002–11949. appendices I and J to part 121. Sought/Disposition: To permit an air Petitioner: Aviation Services Group, Description of Relief Sought/ carrier to issue written confirmation of Inc. Disposition: To permit Friends of Allen an FAA-issued crewmember certificate Section of 14 CFR Affected: 14 CFR County Airport to conduct local to a flight crewmember employed by § 135.143(c)(2). sightseeing flights at Allen County that air carrier based on information in Description of Relief Sought/ Airport, Iola, Kansas, for a fly-in and the air carrier’s approved record system. Disposition: To permit Aviation open house on June 15, 2002, for Grant/June 13, 2002, Exemption No. Services Group to operate certain compensation or hire, without 5487E aircraft under part 135 without a TSO- complying with certain anti-drug and C112 (Modes S) transponder installed in Docket No.: FAA–2002–12123. alcohol misuse prevention requirements Petitioner: Bonanza/Baron Pilot the aircraft. Grant/June 6, 2002, of part 135. Grant/June 12, 2002, Proficiency Programs, Inc. Exemption No. 7807 Exemption No. 7808 Section of 14 CFR Affected: 14 CFR Docket No.: FAA–2002–12400. Docket No.: FAA–2002–11988. § 91.109(a) and (b)(3) Petitioner: Kelso Flight Service, Inc. Petitioner: Alpine Air, Inc. Description of Relief Sought/ Section of 14 CFR Affected: 14 CFR Section of 14 CFR Affected: 14 CFR Disposition: To permit Bonanza/Baron § 135.143(c)(2). § 135.143(c)(2). Pilot Proficiency Programs, Inc. and Description of Relief Sought/ Description of Relief Sought/ American Bonanza Society/Air Safety Disposition: To permit Kelso to operate Disposition: To permit Alpine to operate Foundation to conduct certain flight certain aircraft under part 135 without certain aircraft under part 135 without instruction and simulated instrument a TSO-C112 (Modes S) transponder a TSO-C112 (Modes S) transponder flights to meet the recent experience installed in the aircraft. Grant/June 6, installed in the aircraft. Grant/June 12, requirements in Beechcraft Bonanza, 2002, Exemption No. 7804 2002, Exemption No. 7267A Baron and Travel Air airplanes Docket No.: FAA–2002–12125. Docket No.: FAA–2002–12465. equipped with a functioning throwover Petitioner: Air Logistics of Alaska, Inc. Petitioner: Air Methods Corporation. control wheel in place of functioning Section of 14 CFR Affected: 14 CFR Section of 14 CFR Affected: 14 CFR dual controls. Grant/June 13, 2002, § 135.143(c)(2). § 135.143(c)(2). Exemption No. 7810 Description of Relief Sought/ Description of Relief Sought/ Docket No.: FAA–2002–11578. Disposition: To permit Air Logistics to Disposition: To permit Air Methods Petitioner: Northwest Seaplanes, Inc. operate certain aircraft under part 135 Corporation to operate certain aircraft Section of 14 CFR Affected: 14 CFR without a TSO-C112 (Modes S) under part 135 without a TSO-C112 § 135.203(a)(1). transponder installed in the aircraft. (Modes S) transponder installed in the Description of Relief Sought/ Grant/June 6, 2002, Exemption No. 7805 aircraft. Grant/June 12, 2002, Exemption Disposition: To permit Northwest Docket No.: FAA–2002–12251. No. 5720D Seaplanes to conduct operations outside
VerDate Aug<2,>2002 13:32 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 E:\FR\FM\19AUN1.SGM pfrm15 PsN: 19AUN1 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Notices 53833
controlled airspace, over water, at an at Houston County Airport, Caledonia, Docket No.: FAA–2002–11756. altitude below 500 feet above the Minnesota, for it’s annual fly-in Petitioner: Continental Airlines, Inc. surface but not less than 200 feet above breakfast on June 30, 2002, for Section of 14 CFR Affected: 14 CFR the surface. Grant/June 18, 2002, compensation or hire, without § 121.434(c)(1)(ii). Exemption No. 6461D complying with certain anti-drug and Description of Relief Sought/ Docket No.: FAA–2001–10967. alcohol misuse prevention requirements Disposition: To permit Continental to Petitioner: Experimental Aircraft of part 135. Grant/June 26, 2002, substitute a qualified and authorized Association. Exemption No. 7824 check airman in place of a FAA Section of 14 CFR Affected: 14 CFR Docket No.: FAA–2002–12431. inspector to observe a qualifying pilot in §§ 135.251, 135.255, and 135.353, and Petitioner: Plainwell Pilots command who is completing the initial appendixes I and J to part 121 Association. or upgrade training specified in Description of Relief Sought/ Section of 14 CFR Affected: 14 CFR § 121.424 during at least one flight leg Disposition: To permit EAA members to §§ 135.251, 135.255, and 135.353, and that includes a takeoff and a landing, conduct local sightseeing flights at appendices I and J to part 121 subject to certain conditions and charity or community events, for Description of Relief Sought/ limitations. Grant/June 28, 2002, compensation or hire, without Disposition: To permit Plainwell Pilots Exemption No. 6783B complying with certain anti-drug and Association to conduct local sightseeing Docket No.: FAA–2002–12343. alcohol misuse prevention program flights in the vicinity of Plainwell, Petitioner: Federal Express requirements of part 135. Grant/June 25, Michigan, for fundraising events on July Corporation. 2002, Exemption No. 7111B 4, 27, and 28, 2002, for compensation or Section of 14 CFR Affected: 14 CFR hire, without complying with certain § 121.434(c)(1)(ii). Docket No.: FAA–2002–12416. anti-drug and alcohol misuse prevention Description of Relief Sought/ Petitioner: Air Transport Association requirements of part 135. Grant/June 26, Disposition: To permit FedEx to of America substitute a qualified and authorized Section of 14 CFR Affected: 14 CFR 2002, Exemption No. 7823 Docket No.: FAA–2002–11927. check airman in place of a FAA 121.309(f)(2). inspector to observe a qualifying pilot in Description of Relief Sought/ Petitioner: ERA Aviation, Inc. command who is completing the initial Disposition: To permit ATA-member Section of 14 CFR Affected: 14 CFR or upgrade training specified in airlines to located the aft megaphone at § 121.313(f). Description of Relief Sought/ § 121.424 during at least one flight leg door 4-left on their Boeing 747 aircraft. Disposition: To permit Era to operate that includes a takeoff and a landing, Grant/June 21, 2002, Exemption No. two Douglas DC–3 (DC–3) airplanes subject to certain conditions and 7818 with the flightdeck door open during all limitations. Grant/June 28, 2002, Docket No.: FAA–2002–11851. phases of flight. Denial/June 20, 2002, Exemption No. 6473C Petitioner: IFL Group, Inc. Exemption No. 7819 Docket No.: FAA–2002–12484. Section of 14 CFR Affected: 14 CFR Docket No.: FAA–2001–10622. Petitioner: Dynamic Aviation Group, § 135.152. Petitioner: Papillon Airways, Inc., dba Inc. Description of Relief Sought/ Papillon Grand Canyon Helicopters. Section of 14 CFR Affected: 14 CFR Disposition: To permit IFL to operate Section of 14 CFR Affected: 14 CFR § 137.53(c)(2). one General Dynamics Convair 440/580 § 135.265(d). Description of Relief Sought/ airplane under part 135 without that Description of Relief Sought/ Disposition: To permit pilots employed airplane being equipped with an 18- Disposition: To permit Papillon to by Dynamic to conduct aerial parameter digital flight data recorder schedule its flight crewmembers to work applications of insecticides or (DFDR). Denial/June 21, 2002, 7 consecutive days then relieve them pheromones from aircraft not equipped Exemption No. 7817 from all further duty for 7 consecutive with a load jettisoning system. Grant/ Docket No.: FAA–2002–12119. days. Denial/June 20, 2002, Exemption July 1, 2002, Exemption No. 7827 Petitioner: Wadsworth Airport No. 7820 Docket No.: FAA–2002–12474. Management Corporation Docket No.: FAA–2001–9500. Petitioner: Michael T. Kane. Section of 14 CFR Affected: 14 CFR Petitioner: Stephen J. Walsh. Section of 14 CFR Affected: 14 CFR §§ 135.251, 135.255, and 135.353, and Section of 14 CFR Affected: 14 CFR § 61.153(a). appendixes I and J to part 121. § 61.159(c)(2)(ii) and (iii). Description of Relief Sought/ Description of Relief Sought/ Description of Relief Sought/ Disposition: To permit Michael T. Kane Disposition: To permit Wadsworth to Disposition: To permit Mr. Walsh to use to obtain an airline transport pilot (ATP) conduct local sightseeing flights at the his military flight engineer time toward certificate before reaching 23 years of Wadsworth Municipal Airport in the 1,500-hour flight time requirement age. Denial/July 1, 2002, Exemption No. Wadsworth, Ohio, for the Wadsworth for an airline transport pilot (ATO) 7828 Balloon Festival on September 20, 21, certificate. Denial/June 24, 2002, Docket No.: FAA–200–12171. and 22, 2002, for compensation or hire, Exemption No. 7825 Petitioner: Universal Airlines, Inc. without complying with certain anti- Docket No.: FAA–2002–12590. Section of 14 CFR Affected: 14 CFR drug and alcohol misuse prevention Petitioner: United States Hang Gliding § 91.9(a). requirements of part 135. Grant/June 26, Association. Description of Relief Sought/ 2002, Exemption No. 7822 Section of 14 CFR Affected: 14 CFR Disposition: To permit Universal Docket No.: FAA–2001–9812. §§ 91.309 and 103.1(b). Airlines Inc to operate its DC–6A and Petitioner: Red Baron Flyers, Inc. Description of Relief Sought/ DC–6B aircraft, registration Nos. Section of 14 CFR Affected: 14 CFR Disposition: To permit United States N170UA(45518), N500UA (44597), and §§ 135.251, 135.255, and 135.353, and Hang Gliding Association members to N600UA (44894), at a 5 percent appendices I and J to part 121. tow unpowered ultralight vehicles (hang increased zero fuel and landing weight Description of Relief Sought/ gliders) using powered ultralight for the purpose or operating all cargo Disposition: To permit Red Baron Flyers vehicles. Grant/June 28, 2002, aircraft under the terms of part 125. Inc to conduct local sightseeing flights Exemption No. 4144I Grant/July 1, 2002, Exemption No. 7829
VerDate Aug<2,>2002 13:32 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 E:\FR\FM\19AUN1.SGM pfrm15 PsN: 19AUN1 53834 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Notices
Docket No.: FAA–2002–12133. Helicopters Inc and Air Logistics to electronically via the Internet at http:// Petitioner: SkyWest Airlines, Inc. consider the Bell Model 212, 412, and dmses.dot.gov/submit/. All comments Section of 14 CFR Affected: 14 CFR 412EP helicopters as a single type will become part of this docket and will § 121.463(c) helicopter for pilot testing, training, and be available for inspection and copying Description of Relief Sought/ checking. Denial/July 12, 2002, at the above address between 10 a.m. Disposition: To permit SkyWest to Exemption No. 7834 and 5 p.m., E.T., Monday through substitute the Canadair Regional Jet Docket No.: FAA–2001–9925. Friday, except federal holidays. An Bombardier CRJ CL–65 airplane (CL–65) Petitioner: James I. Hamilton, Jr. and electronic version of this document and in place of the Embraer EMB–120 Arctic Air Alaska, Inc. all documents entered into this docket Brasilia airplane (EMB–120) for the Section of 14 CFR Affected: 14 CFR is available on the World Wide Web at purpose of allowing certain dispatchers § 135.203(a)(1). http://dms.dot.gov. to accomplish the operating Description of Relief Sought/ FOR FURTHER INFORMATION CONTACT: familiarization during the completion of Disposition: To permit James I. Kathleen Dunn, U.S. Department of recurrent training. Grant/July 11, 2002, Hamilton Jr., and Arctic Air Alaska to Transportation, Maritime Exemption No. 7780A conduct operations less than 500 feet Administration, MAR–832 Room 7201, Docket No.: FAA–2002–12485. above the ground. Denial/June 13, 2002, 400 Seventh Street, SW., Washington, Petitioner: Joseph Castasus. Exemption No. 7809 DC 20590. Telephone 202–366–2307. Section of 14 CFR Affected: 14 CFR [FR Doc. 02–19851 Filed 8–16–02; 8:45 am] §§ 121.311(b) and 135.128(a). SUPPLEMENTARY INFORMATION: Title V of Description of Relief Sought/ BILLING CODE 4910–13–P Public Law 105–383 provides authority Disposition: To permit Joseph to travel to the Secretary of Transportation to administratively waive the U.S.-build in either an Ortho Kinetics Travel Chair DEPARTMENT OF TRANSPORTATION Model 6332 or a Meru Travel Chair requirements of the Jones Act, and other statutes, for small commercial passenger rather than in an individual seat with a Maritime Administration seatbelt about him while traveling on an vessels (no more than 12 passengers). air carrier certificated under part 119 for [Docket Number: MARAD–2002–13137] This authority has been delegated to the Maritime Administration per 49 CFR part 121 or 135 service. Grant/July 2, Requested Administrative Waiver of 2002, Exemption No. 7831 1.66, Delegations to the Maritime the Coastwise Trade Laws Administrator, as amended. By this Docket No.: FAA–2002–11986. notice, MARAD is publishing Petitioner: Experimental Aircraft AGENCY: Maritime Administration, information on a vessel for which a Association, Inc. Department of Transportation. request for a U.S.-build waiver has been Section of 14 CFR Affected: 14 CFR ACTION: Invitation for public comments received, and for which MARAD §§ 61.101(a)(2) and 61.113(a). on a requested administrative waiver of requests comments from interested Description of Relief Sought/ the Coastwise Trade Laws for the vessel parties. Comments should refer to the Disposition: To permit volunteer pilots ALLANTE. who hold private or recreational pilot docket number of this notice and the certificates to conduct EAA Young SUMMARY: As authorized by Public Law vessel name in order for MARAD to Eagles flights for compensation to 105–383, the Secretary of properly consider the comments. include meals for the participants, Transportation, as represented by the Comments should also state the aircraft operating expenses, aircraft and Maritime Administration (MARAD), is commenter’s interest in the waiver airport security costs, and logging of authorized to grant waivers of the U.S.- application, and address the waiver flight time as pilot in command (PIC). build requirement of the coastwise laws criteria given in § 388.4 of MARAD’S Partial Grant/July 2, 2002, Exemption under certain circumstances. A request regulations at 46 CFR Part 388. No. 7830 for such a waiver has been received by Vessel Proposed for Waiver of the U.S.- Docket No.: FAA–2002–12721. MARAD. The vessel, and a description build Requirement Petitioner: Ashland County Airport. of the proposed service, is listed below. (1) Name of vessel and owner for Section of 14 CFR Affected: 14 CFR Interested parties may comment on the which waiver is requested. Name of §§ 135.251, 135.255, and 135.353, and effect this action may have on U.S. vessel: ALLANTE. Owner: Nield and appendices I and J to part 121. vessel builders or businesses in the U.S. Linda Montgomery. Description of Relief Sought/ that use U.S.-flag vessels. If MARAD Disposition: To permit Ashland and determines that in accordance with (2) Size, capacity and tonnage of Public Law 105–383 and MARAD’s vessel. According to the applicant: Johnston to conduct local sightseeing ′ ″ ′ ″ flights at Ashland County Airport, regulations at 46 CFR Part 388 (65 FR ‘‘LOA 76 6 , Beam 18 3 , Gross tons 87, Ashland, Ohio, for their annual Open 6905; February 11, 2000) that the Net registered tons 65, Four staterooms House and Fall Foilage flights on July issuance of the waiver will have an each with two berths plus berths for two 14, 2002, and October 12, 2002, for unduly adverse effect on a U.S.-vessel crew. Sleeping capacity for 8.’’ compensation or hire, without builder or a business that uses U.S.-flag (3) Intended use for vessel, including complying with certain anti-drug and vessels, a waiver will not be granted. geographic region of intended operation alcohol misuse prevention requirements DATES: Submit comments on or before and trade. According to the applicant: of part 135. Grant/July 12, 2002, September 18, 2002. ‘‘For charters from 1 day to 1 month in Exemption No. 7832 ADDRESSES: Comments should refer to length. Base of operation to be San Docket No.: FAA–2001–9237. docket number MARAD–2002–13137. Diego, CA. Area of charter to be from Petitioner: Petroleum Helicopters, Written comments may be submitted by Cabo San Lucas, MX to Vancouver, B.C. Inc., & Air Logistics, LLC hand or by mail to the Docket Clerk, with possible excursions to Southern Section of 14 CFR Affected: 14 CFR U.S. DOT Dockets, Room PL–401, Alaska.’’ § 135.293(b). Department of Transportation, 400 7th (4) Date and Place of construction and Description of Relief Sought/ St., SW., Washington, DC 20590–0001. (if applicable) rebuilding. Date of Disposition: To permit Petroleum You may also send comments construction: 1998. Place of
VerDate Aug<2,>2002 13:32 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 E:\FR\FM\19AUN1.SGM pfrm15 PsN: 19AUN1 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Notices 53835
construction: Rayburn Custom Yachts, U.S.-vessel builder or a business that authorized to carry no more than 12 Vancouver, B.C. uses U.S.-flag vessels, a waiver will not passengers.’’ (5) A statement on the impact this be granted. (3) Intended use for vessel, including waiver will have on other commercial DATES: Submit comments on or before geographic region of intended operation passenger vessel operators. According to September 18, 2002. and trade. According to the applicant: the applicant: ‘‘I have reviewed the ‘‘The ANTARES will be docked at and ADDRESSES: following publications as well as all Comments should refer to available for ‘‘Back-Bay’’ Day Cruises, referenced Internet sites within these docket number MARAD–2002–13136. on the Alabama and Florida Panhandle publications and found nothing shown Written comments may be submitted by Gulf Coast, out of SanRoc Cay Marina, as available for charter out of San Diego, hand or by mail to the Docket Clerk, in Orange Beach, Alabama. Local, USCG CA. The Log, Sea Magazine, Power & U.S. DOT Dockets, Room PL–401, Licensed Captains will pilot the vessel, Motoryacht, ShowBoats Intentional, BI Department of Transportation, 400 7th for charter, a maximum of 72 days per Captain’s Log, Dupont Registry A St., SW., Washington, DC 20590–0001. year.’’ Buyers Guide to Fine Boats. I do not You may also send comments (4) Date and Place of construction and believe the chartering of my vessel will electronically via the Internet at http:// (if applicable) rebuilding. Date of impact any other commercial charter dmses.dot.gov/submit/. All comments construction: 1989. Place of service in my area.’’ will become part of this docket and will construction: Taiwan, ROC. (6) A statement on the impact this be available for inspection and copying (5) A statement on the impact this waiver will have on U.S. shipyards. at the above address between 10 a.m. waiver will have on other commercial According to the applicant: ‘‘The vessel and 5 p.m., E.T., Monday through passenger vessel operators. According to has been and continues to be serviced Friday, except federal holidays. An the applicant: ‘‘It is expected that this by Driscoll Marine and other marine electronic version of this document and waiver will have no impact on other service companies in the San Diego, CA all documents entered into this docket commercial passenger vessel operators; area. Its charter use will only increase is available on the World Wide Web at because it is believed that there are no the need to marine services in this http://dms.dot.gov. other ‘‘motor vessels,’’ in the area, area.’’ FOR FURTHER INFORMATION CONTACT: offering this type of charter service. Kathleen Dunn, U.S. Department of Dated: August 14, 2002. Existing operators offer ‘‘offshore’’ Transportation, Maritime By order of the Maritime Administrator. fishing charters or ‘‘scheduled’’ back- Administration, MAR–832 Room 7201, bay dolphin and sightseeing Joel C. Richard, 400 Seventh Street, SW., Washington, cruises.*** The ‘‘enterprise’’ will Secretary, Maritime Administration. DC 20590. Telephone 202–366–2307. provide employment opportunities for [FR Doc. 02–21004 Filed 8–16–02; 8:45 am] SUPPLEMENTARY INFORMATION: Title V of local Captains, First Mates and BILLING CODE 4910–81–P Pub. L. 105–383 provides authority to ‘‘Service’’ companies.’’ the Secretary of Transportation to (6) A statement on the impact this waiver will have on U.S. shipyards. DEPARTMENT OF TRANSPORTATION administratively waive the U.S.-build requirements of the Jones Act, and other According to the applicant: ‘‘It is also Maritime Administration statutes, for small commercial passenger expected that this waiver will have no vessels (no more than 12 passengers). impact on U.S. shipyards.’’ [Docket Number: MARAD–2002–13136] This authority has been delegated to the Dated: August 14, 2002. Maritime Administration per 49 CFR Requested Administrative Waiver of By order of the Maritime Administrator. 1.66, Delegations to the Maritime the Coastwise Trade Laws Joel C. Richard, Administrator, as amended. By this Secretary, Maritime Administration. AGENCY: Maritime Administration, notice, MARAD is publishing [FR Doc. 02–21003 Filed 8–16–02; 8:45 am] Department of Transportation. information on a vessel for which a BILLING CODE 4910–81–P ACTION: Invitation for public comments request for a U.S.-build waiver has been on a requested administrative waiver of received, and for which MARAD the Coastwise Trade Laws for the vessel requests comments from interested DEPARTMENT OF TRANSPORTATION ANTARES. parties. Comments should refer to the docket number of this notice and the Maritime Administration SUMMARY: As authorized by Pub. L. 105– vessel name in order for MARAD to 383, the Secretary of Transportation, as properly consider the comments. [Docket Number: MARAD–2002–13138] Comments should also state the represented by the Maritime Requested Administrative Waiver of commenter’s interest in the waiver Administration (MARAD), is authorized the Coastwise Trade Laws to grant waivers of the U.S.-build application, and address the waiver requirement of the coastwise laws under criteria given in § 388.4 of MARAD’S AGENCY: Maritime Administration, certain circumstances. A request for regulations at 46 CFR part 388. Department of Transportation. such a waiver has been received by Vessel Proposed for Waiver of the U.S.- ACTION: Invitation for public comments MARAD. The vessel, and a description build Requirement on a requested administrative waiver of of the proposed service, is listed below. the Coastwise Trade Laws for the vessel Interested parties may comment on the (1) Name of vessel and owner for DISCOVERY. effect this action may have on U.S. which waiver is requested. Name of vessel builders or businesses in the U.S. vessel: ANTARES. Owner: Antares SUMMARY: As authorized by Public Law that use U.S.-flag vessels. If MARAD Investment Co. 105–383, the Secretary of determines that in accordance with Pub. (2) Size, capacity and tonnage of Transportation, as represented by the L. 105–383 and MARAD’s regulations at vessel. According to the applicant: ‘‘The Maritime Administration (MARAD), is 46 CFR part 388 (65 FR 6905; February vessel is a ‘‘Golden Star’’ 42′ Aft Cabin, authorized to grant waivers of the U.S.- 11, 2000) that the issuance of the waiver Sun Deck, Motor Yacht (#992742) with build requirement of the coastwise laws will have an unduly adverse effect on a a 30,000 # displacement. She is under certain circumstances. A request
VerDate Aug<2,>2002 13:32 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 E:\FR\FM\19AUN1.SGM pfrm15 PsN: 19AUN1 53836 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Notices
for such a waiver has been received by Vessel Proposed for Waiver of the U.S.- the Coastwise Trade Laws for the vessel MARAD. The vessel, and a description build Requirement EAGLE 3. of the proposed service, is listed below. (1) Name of vessel and owner for Interested parties may comment on the SUMMARY: As authorized by Pub. L. 105– which waiver is requested. Name of 383, the Secretary of Transportation, as effect this action may have on U.S. vessel: DISCOVERY. Owner: John L. vessel builders or businesses in the U.S. represented by the Maritime Patterson. Administration (MARAD), is authorized that use U.S.-flag vessels. If MARAD (2) Size, capacity and tonnage of determines that in accordance with to grant waivers of the U.S.-build vessel. According to the applicant: ‘‘The requirement of the coastwise laws under Public Law 105–383 and MARAD’s ′ vessel measurements are: length: 50.9 , certain circumstances. A request for regulations at 46 CFR Part 388 (65 FR breadth: 16′, depth: 11.2′. The tonnages 6905; February 11, 2000) that the such a waiver has been received by are 60 gross and 48 net.’’ MARAD. The vessel, and a description issuance of the waiver will have an (3) Intended use for vessel, including unduly adverse effect on a U.S.-vessel of the proposed service, is listed below. geographic region of intended operation Interested parties may comment on the builder or a business that uses U.S.-flag and trade. According to the applicant: vessels, a waiver will not be granted. effect this action may have on U.S. This vessel will operate for short vessel builders or businesses in the U.S. DATES: Submit comments on or before periods of time with captain, crew and that use U.S.-flag vessels. If MARAD September 18, 2002. 12 or less passengers on sportfishing determines that in accordance with Pub. ADDRESSES: Comments should refer to trips, training cruises, burials at sea, and L. 105–383 and MARAD’s regulations at docket number MARAD–2002–13138. small pleasure cruises. The vessel will 46 CFR part 388 (65 FR 6905; February Written comments may be submitted by be used along the West Coast of the 11, 2000) that the issuance of the waiver hand or by mail to the Docket Clerk, United States, including Alaska, and will have an unduly adverse effect on a U.S. DOT Dockets, Room PL–401, within the harbors along the West Coast U.S.-vessel builder or a business that Department of Transportation, 400 7th of the United States, including Alaska.’’ uses U.S.-flag vessels, a waiver will not St., SW., Washington, DC 20590–0001. (4) Date and Place of construction and be granted. You may also send comments (if applicable) rebuilding. Date of DATES: Submit comments on or before electronically via the Internet at http:// construction: 1973. Place of September 18, 2002. construction: Hong Kong. dmses.dot.gov/submit/. All comments ADDRESSES: Comments should refer to (5) A statement on the impact this will become part of this docket and will docket number MARAD–2002–13135. waiver will have on other commercial be available for inspection and copying Written comments may be submitted by passenger vessel operators. According to at the above address between 10 a.m. hand or by mail to the Docket Clerk, the applicant: ‘‘The impact will be and 5 p.m., E.T., Monday through U.S. DOT Dockets, Room PL–401, negligible as we will address the charter Friday, except federal holidays. An Department of Transportation, 400 7th needs of smaller groups than most of the electronic version of this document and St., SW., Washington, DC 20590–0001. vessels in our area. Most of the all documents entered into this docket You may also send comments commercial passenger vessels have is available on the World Wide Web at electronically via the Internet at http:// capacities of 50 to 500 passengers.’’ http://dms.dot.gov. dmses.dot.gov/submit/. All comments (6) A statement on the impact this FOR FURTHER INFORMATION CONTACT: will become part of this docket and will waiver will have on U.S. shipyards. Kathleen Dunn, U.S. Department of be available for inspection and copying According to the applicant: ‘‘There is no Transportation, Maritime at the above address between 10 a.m. negative impact on our U.S. shipyards Administration, MAR–832 Room 7201, and 5 p.m., E.T., Monday through and we anticipate that all of the repair 400 Seventh Street, SW, Washington, Friday, except federal holidays. An work to this vessel will be done in U.S. DC 20590. Telephone 202–366–2307. electronic version of this document and shipyards. A majority of the all documents entered into this docket SUPPLEMENTARY INFORMATION: Title V of components, including engines, is available on the World Wide Web at Public Law 105–383 provides authority generators, navigation equipment, http://dms.dot.gov. to the Secretary of Transportation to propellers, running gear, etc. are all U.S. administratively waive the U.S.-build built.’’ FOR FURTHER INFORMATION CONTACT: requirements of the Jones Act, and other Kathleen Dunn, U.S. Department of Dated: August 14, 2002 statutes, for small commercial passenger Transportation, Maritime vessels (no more than 12 passengers). By order of the Maritime Administrator. Administration, MAR–832 Room 7201, This authority has been delegated to the Joel C. Richard, 400 Seventh Street, SW., Washington, Maritime Administration per 49 CFR Secretary, Maritime Administration. DC 20590. Telephone 202–366–2307. 1.66, Delegations to the Maritime [FR Doc. 02–21005 Filed 8–16–02; 8:45 am] SUPPLEMENTARY INFORMATION: Title V of Administrator, as amended. By this BILLING CODE 4910–81–P Pub. L. 105–383 provides authority to notice, MARAD is publishing the Secretary of Transportation to information on a vessel for which a administratively waive the U.S.-build request for a U.S.-build waiver has been DEPARTMENT OF TRANSPORTATION requirements of the Jones Act, and other received, and for which MARAD statutes, for small commercial passenger requests comments from interested Maritime Administration vessels (no more than 12 passengers). parties. Comments should refer to the [Docket Number: MARAD–2002–13135] This authority has been delegated to the docket number of this notice and the Maritime Administration per 49 CFR vessel name in order for MARAD to Requested Administrative Waiver of 1.66, Delegations to the Maritime properly consider the comments. the Coastwise Trade Laws Administrator, as amended. By this Comments should also state the notice, MARAD is publishing commenter’s interest in the waiver AGENCY: Maritime Administration, information on a vessel for which a application, and address the waiver Department of Transportation. request for a U.S.-build waiver has been criteria given in § 388.4 of MARAD’S ACTION: Invitation for public comments received, and for which MARAD regulations at 46 CFR Part 388. on a requested administrative waiver of requests comments from interested
VerDate Aug<2,>2002 13:32 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 E:\FR\FM\19AUN1.SGM pfrm15 PsN: 19AUN1 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Notices 53837
parties. Comments should refer to the Transportation, as represented by the commenter’s interest in the waiver docket number of this notice and the Maritime Administration (MARAD), is application, and address the waiver vessel name in order for MARAD to authorized to grant waivers of the U.S.- criteria given in § 388.4 of MARAD’S properly consider the comments. build requirement of the coastwise laws regulations at 46 CFR part 388. under certain circumstances. A request Comments should also state the Vessel Proposed for Waiver of the U.S.- for such a waiver has been received by commenter’s interest in the waiver build Requirement application, and address the waiver MARAD. The vessel, and a description criteria given in § 388.4 of MARAD’S of the proposed service, is listed below. (1) Name of vessel and owner for regulations at 46 CFR part 388. Interested parties may comment on the which waiver is requested. Name of effect this action may have on U.S. vessel: HOT TAMALE II. Owner: Vessel Proposed for Waiver of the U.S.- vessel builders or businesses in the U.S. Eldridge Management Corporation. build Requirement that use U.S.-flag vessels. If MARAD (2) Size, capacity and tonnage of (1) Name of vessel and owner for determines that in accordance with vessel. According to the applicant: ′ ″ which waiver is requested. Name of Public Law 105–383 and MARAD’s ‘‘50 6 LOA * * *49 gross tons and 39 vessel: EAGLE 3. Owner: Four Q, Inc. regulations at 46 CFR part 388 (65 FR net tons.’’ (2) Size, capacity and tonnage of 6905; February 11, 2000) that the (3) Intended use for vessel, including vessel. According to the applicant: issuance of the waiver will have an geographic region of intended operation ‘‘Size: 52′.5 Gross Tonnage—40.’’ unduly adverse effect on a U.S.-vessel and trade. According to the applicant: (3) Intended use for vessel, including builder or a business that uses U.S.-flag ‘‘* * * sportfishing. The intended geographic region of intended operation vessels, a waiver will not be granted. geographic area would be in the waters off the South and Southeast coasts of and trade. According to the applicant: DATES: Submit comments on or before ‘‘Geographic Region—Primarily New September 18, 2002. Florida and the Florida Keys, from Ft. Lauderdale and all the way around to England & Caribbean.’’ ‘‘EAGLE 3 is ADDRESSES: Comments should refer to used for chartering purposes.’’ Key West.’’ docket number MARAD–2002–13140. (4) Date and Place of construction and (4) Date and Place of construction and Written comments may be submitted by (if applicable) rebuilding. Date of (if applicable) rebuilding. Date of hand or by mail to the Docket Clerk, construction: 1981. Place of construction: 1988. Place of U.S. DOT Dockets, Room PL–401, construction: Singapore. construction: Tan Shui, Taipei: Department of Transportation, 400 7th (5) A statement on the impact this Republic of China. St., SW., Washington, DC 20590–0001. waiver will have on other commercial (5) A statement on the impact this You may also send comments passenger vessel operators. According to waiver will have on other commercial electronically via the Internet at http:// the applicant: ‘‘As far as having a passenger vessel operators. According to dmses.dot.gov/submit/. All comments negative impact on the commercial the applicant: ‘‘Four Q should have no will become part of this docket and will fishing operators in the same areas of impact on other commercial passenger be available for inspection and copying operation, I think the day boats that vessel operators. The operation of this at the above address between 10 a.m. carry large numbers of passengers for vessel is by operators who have and 5 p.m., E.T., Monday through fishing are in an entirely different significant experience 20+ years or more Friday, except federal holidays. An category and fish in an entirely different by licensed USCG Captains.’’ electronic version of this document and manner.’’ (6) A statement on the impact this all documents entered into this docket (6) A statement on the impact this waiver will have on U.S. shipyards. is available on the World Wide Web at waiver will have on U.S. shipyards. According to the applicant: ‘‘This vessel http://dms.dot.gov. According to the applicant: ‘‘I cannot should have no impact on U.S. FOR FURTHER INFORMATION CONTACT: foresee any negative impact on US Shipyards.’’ Kathleen Dunn, U.S. Department of Shipyards by the granting of this waiver Dated: August 14, 2002. Transportation, Maritime * * * Perhaps if the general public By order of the Maritime Administrator. Administration, MAR–832 Room 7201, were not under the impression that Joel C. Richard, 400 Seventh Street, SW., Washington, owning a charter vessel were strictly for Secretary, Maritime Administration. DC 20590. Telephone 202–366–2307. retirees and the privileged few, than we SUPPLEMENTARY INFORMATION: might possibly see an increased demand [FR Doc. 02–21002 Filed 8–16–02; 8:45 am] Title V of Public Law 105–383 provides authority for construction in smaller type charter BILLING CODE 4910–81–P to the Secretary of Transportation to vessels.’’ administratively waive the U.S.-build Dated: August 14, 2002. DEPARTMENT OF TRANSPORTATION requirements of the Jones Act, and other By order of the Maritime Administrator. statutes, for small commercial passenger Joel C. Richard, vessels (no more than 12 passengers). Maritime Administration Secretary, Maritime Administration. This authority has been delegated to the [Docket Number: MARAD–2002–13140] Maritime Administration per 49 CFR [FR Doc. 02–21007 Filed 8–16–02; 8:45 am] BILLING CODE 4910–81–P Requested Administrative Waiver of 1.66, Delegations to the Maritime the Coastwise Trade Laws Administrator, as amended. By this notice, MARAD is publishing DEPARTMENT OF TRANSPORTATION AGENCY: Maritime Administration, information on a vessel for which a Department of Transportation. request for a U.S.-build waiver has been Maritime Administration ACTION: received, and for which MARAD Invitation for public comments [Docket Number: MARAD–2002–13142] on a requested administrative waiver of requests comments from interested the Coastwise Trade Laws for the vessel parties. Comments should refer to the Requested Administrative Waiver of HOT TAMALE II. docket number of this notice and the the Coastwise Trade Laws vessel name in order for MARAD to SUMMARY: As authorized by Public Law properly consider the comments. AGENCY: Maritime Administration, 105–383, the Secretary of Comments should also state the Department of Transportation.
VerDate Aug<2,>2002 13:32 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 E:\FR\FM\19AUN1.SGM pfrm15 PsN: 19AUN1 53838 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Notices
ACTION: Invitation for public comments received, and for which MARAD DEPARTMENT OF TRANSPORTATION on a requested administrative waiver of requests comments from interested the Coastwise Trade Laws for the vessel parties. Comments should refer to the Maritime Administration TEXAS CREWED. docket number of this notice and the [Docket Number: MARAD–2002–13139] vessel name in order for MARAD to SUMMARY: As authorized by Public Law properly consider the comments. Requested Administrative Waiver of 105–383, the Secretary of Comments should also state the the Coastwise Trade Laws Transportation, as represented by the commenter’s interest in the waiver Maritime Administration (MARAD), is application, and address the waiver AGENCY: Maritime Administration, authorized to grant waivers of the U.S.- criteria given in § 388.4 of MARAD’S Department of Transportation. build requirement of the coastwise laws regulations at 46 CFR part 388. ACTION: Invitation for public comments under certain circumstances. A request on a requested administrative waiver of for such a waiver has been received by Vessel Proposed for Waiver of the U.S.- the Coastwise Trade Laws for the vessel MARAD. The vessel, and a description build Requirement VILLOMEE. of the proposed service, is listed below. (1) Name of vessel and owner for SUMMARY: Interested parties may comment on the which waiver is requested. Name of As authorized by Public Law effect this action may have on U.S. vessel: TEXAS CREWED. Owner: David 105–383, the Secretary of vessel builders or businesses in the U.S. Michael Wells. Transportation, as represented by the Maritime Administration (MARAD), is that use U.S.-flag vessels. If MARAD (2) Size, capacity and tonnage of authorized to grant waivers of the U.S.- determines that in accordance with vessel. According to the applicant: build requirement of the coastwise laws Public Law 105–383 and MARAD’s ‘‘Gross tonnage is 29 Tons, 26 Net Tons, under certain circumstances. A request regulations at 46 CFR Part 388 (65 FR 46 feet in length overall.’’ 6905; February 11, 2000) that the for such a waiver has been received by (3) Intended use for vessel, including issuance of the waiver will have an MARAD. The vessel, and a description geographic region of intended operation unduly adverse effect on a U.S.-vessel of the proposed service, is listed below. and trade. According to the applicant: builder or a business that uses U.S.-flag Interested parties may comment on the ‘‘Intentions are to charter for hire with vessels, a waiver will not be granted. effect this action may have on U.S. not more than 12 passengers. DATES: Submit comments on or before vessel builders or businesses in the U.S. Geographic region to include if that use U.S.-flag vessels. If MARAD September 18, 2002. authorized, all Florida coastal waters ADDRESSES: Comments should refer to determines that in accordance with and U.S. Virgin Islands Coastal waters.’’ Public Law 105–383 and MARAD’s docket number MARAD–2002–13142. (4) Date and Place of construction and Written comments may be submitted by regulations at 46 CFR Part 388 (65 FR (if applicable) rebuilding. Date of 6905; February 11, 2000) that the hand or by mail to the Docket Clerk, construction: 1978. Place of U.S. DOT Dockets, Room PL–401, issuance of the waiver will have an construction: Caching, Republic of unduly adverse effect on a U.S.-vessel Department of Transportation, 400 7th Taiwan. St., SW., Washington, DC 20590–0001. builder or a business that uses U.S.-flag (5) A statement on the impact this vessels, a waiver will not be granted. You may also send comments waiver will have on other commercial electronically via the Internet at http:// DATES: Submit comments on or before passenger vessel operators. According to September 18, 2002. dmses.dot.gov/submit/. All comments the applicant: ‘‘I believe impact on other ADDRESSES: will become part of this docket and will passenger vessels within this region to Comments should refer to be available for inspection and copying be negligible, as there appears to be docket number MARAD–2002–13139. at the above address between 10 a.m. more business in the environment than Written comments may be submitted by and 5 p.m., E.T., Monday through operators can handle. It is difficult to hand or by mail to the Docket Clerk, Friday, except federal holidays. An determine the number of existing U.S. DOT Dockets, Room PL–401, electronic version of this document and operators within the applied for regions. Department of Transportation, 400 7th all documents entered into this docket Apparently there are not enough based St., SW., Washington, DC 20590–0001. is available on the World Wide Web at on the regular occurrence of invitations You may also send comments http://dms.dot.gov. I receive to sail for hire.’’ electronically via the Internet at http:// dmses.dot.gov/submit/. All comments FOR FURTHER INFORMATION CONTACT: (6) A statement on the impact this will become part of this docket and will Kathleen Dunn, U.S. Department of waiver will have on U.S. shipyards. be available for inspection and copying Transportation, Maritime According to the applicant: ‘‘U.S. at the above address between 10 a.m. Administration, MAR–832 Room 7201, Shipyards and boatyards will benefit and 5 p.m., E.T., Monday through 400 Seventh Street, SW., Washington, from this venture in the area of TEXAS Friday, except federal holidays. An DC 20590. Telephone 202–366–2307. CREWED’s normal haul out schedule of electronic version of this document and SUPPLEMENTARY INFORMATION: Title V of 1 year to 18 months for cleaning and all documents entered into this docket Public Law 105–383 provides authority anti fouling renewal. Increased wear is available on the World Wide Web at to the Secretary of Transportation to and tear from charter operations will http://dms.dot.gov. administratively waive the U.S.-build undoubtedly result in more extensive requirements of the Jones Act, and other and frequent haul outs thus increasing FOR FURTHER INFORMATION CONTACT: statutes, for small commercial passenger revenue gains to local U.S. shipyard and Kathleen Dunn, U.S. Department of vessels (no more than 12 passengers). repair facilities.’’ Transportation, Maritime This authority has been delegated to the Administration, MAR–832 Room 7201, Dated: August 14, 2002. Maritime Administration per 49 CFR 400 Seventh Street, SW., Washington, 1.66, Delegations to the Maritime By order of the Maritime Administrator. DC 20590. Telephone 202–366–2307. Administrator, as amended. By this Joel C. Richard, SUPPLEMENTARY INFORMATION: Title V of notice, MARAD is publishing Secretary, Maritime Administration. Public Law 105–383 provides authority information on a vessel for which a [FR Doc. 02–21008 Filed 8–16–02; 8:45 am] to the Secretary of Transportation to request for a U.S.-build waiver has been BILLING CODE 4910–81–P administratively waive the U.S.-build
VerDate Aug<2,>2002 13:32 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 E:\FR\FM\19AUN1.SGM pfrm15 PsN: 19AUN1 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Notices 53839
requirements of the Jones Act, and other DEPARTMENT OF TRANSPORTATION describing what must be included in statutes, for small commercial passenger such a document. Under OMB’s vessels (no more than 12 passengers). National Highway Traffic Safety regulation (at 5 CFR 1320.8(d), an This authority has been delegated to the Administration agency must ask for public comment on Maritime Administration per 49 CFR [U.S. DOT Docket Number NHTSA–2002– the following: 1.66, Delegations to the Maritime 12908] (i) Whether the proposed collection of Administrator, as amended. By this information is necessary for the proper notice, MARAD is publishing Reports, Forms and Recordkeeping performance of the functions of the information on a vessel for which a Requirements agency, including whether the request for a U.S.-build waiver has been information will have practical utility; AGENCY: National Highway Traffic received, and for which MARAD (ii) The accuracy of the agency’s Safety Administration (NHTSA), requests comments from interested estimate of the burden of the proposed Department of Transportation. parties. Comments should refer to the collection of information, including the docket number of this notice and the ACTION: Request for public comment on validity of the methodology and vessel name in order for MARAD to proposed collection of information. assumptions used; (iii) How to enhance the quality, properly consider the comments. SUMMARY: Before a Federal agency can Comments should also state the utility, and clarity of the information to collect certain information from the be collected; commenter’s interest in the waiver public, it must receive approval from application, and address the waiver (iv) How to minimize the burden of the Office of Management and Budget the collection of information on those criteria given in § 388.4 of MARAD’S (OMB). Under procedures established regulations at 46 CFR Part 388. who are to respond, including the use by the Paperwork Reduction Act of of appropriate automated, electronic, Vessel Proposed for Waiver of the U.S.- 1995, before seeking OMB approval, mechanical, or other technological build Requirement Federal agencies must solicit public collection techniques or other forms of comment on proposed collections of information technology, e.g., in (1) Name of vessel and owner for information, including extensions and submission of responses. which waiver is requested. Name of reinstatement of previously approved In compliance with these vessel: VILLOMEE. Owner: Charles W. collections. requirements, NHTSA asks for public Collins. This document describes one comments on the following proposed (2) Size, capacity and tonnage of collection of information for which collections of information: vessel. According to the applicant: NHTSA intends to seek OMB approval. Title: Vehicle Information for the ‘‘LOA: 51′ Beam: 15′ 4″; Capacity: 12 DATES: Comments must be received on General Public. persons; Gross Tonnage: 35.’’ or before October 18, 2002. OMB Control Number: 2127 New. Affected Public: Manufacturers that ADDRESSES: Comments must refer to the (3) Intended use for vessel, including sell motor vehicles in the United States docket notice numbers cited at the geographic region of intended operation under 10,000 lbs. and trade. According to the applicant: beginning of this notice and be Abstract: NHTSA currently collects ‘‘Recreational sailing charters and submitted to Docket Management, Room vehicle information through the Office coastwise cruising along the east coast PL–401, 400 Seventh Street, SW., of Vehicle Safety Compliance (OVSC). of the U.S.’’ Washington, DC 20590. Please identify This information collection is the proposed collection of information (4) Date and Place of construction and mandatory and is specific to for which a comment is provided, by (if applicable) rebuilding. Date of Compliance requirements of certain referencing its OMB Control Number. It construction: 1990. Place of Federal Motor Vehicle Safety Standards is requested, but not required, that 2 construction: Taiwan. (FMVSS). The information collected by copies of the comment be provided. The OVSC has been useful to the New Car (5) A statement on the impact this Docket Section is open on weekdays waiver will have on other commercial Assessment Program (NCAP) in from 10 a.m. to 5 p.m. selecting vehicles for it’s crash testing passenger vessel operators. According to FOR FURTHER INFORMATION CONTACT: the applicant: ‘‘Minimal impact; While programs, but more information is Complete copies of each request for needed. At the same time, the public’s there is a large demand, there are few collection of information may be vessels of this vintage capable of coastal interest in vehicle information obtained at no charge from Johanna continues to grow. The public is and bluewater cruising along the entire Lowrie, NHTSA, 400 Seventh Street, U.S. east coast.’’ interested not only in crash test results SW., Room 5311, NPS–10, Washington, and other vehicle ratings, but is also (6) A statement on the impact this DC 20590. Mrs. Lowrie’s telephone interested in information on the benefit waiver will have on U.S. shipyards. number is (202) 366–5269. Please and availability of safety features. According to the applicant: ‘‘Positive identify the relevant collection of NHTSA also needs safety feature impact: This vessel has already gone information by referring to its OMB information when it attempts to analyze through two major refits at U.S. yards, Control Number. petitions for rulemaking asking the and its intended use will require SUPPLEMENTARY INFORMATION: Under the agency to mandate certain safety constant upgrading and maintenance, Paperwork Reduction Act of 1995, features. all of which will be performed at U.S. before an agency submits a proposed An example of the type of information shipyards.’’ collection of information to OMB for we propose to collect includes: Specific Dated: August 14, 2002 approval, it must first publish a advanced frontal air bags information By order of the Maritime Administrator. document in the Federal Register that would include the number if air bag providing a 60-day comment period and deployment stages; technologies air bag Joel C. Richard, otherwise consult with members of the deployment is dependent upon; air bag Secretary, Maritime Administration. public and affected agencies concerning on/off switch information; child [FR Doc. 02–21006 Filed 8–16–02; 8:45 am] each proposed collection of information. restraint anchorages system information; BILLING CODE 4910–81–P The OMB has promulgated regulations seat belt information that would include
VerDate Aug<2,>2002 13:32 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 E:\FR\FM\19AUN1.SGM pfrm15 PsN: 19AUN1 53840 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Notices
pretensioner, load limiters or other DEPARTMENT OF VETERANS Frequency of Response: On occasion. energy management systems for the seat AFFAIRS Estimated Number of Respondents: 20,277. belt, seat belt extenders and adjustable [OMB Control No. 2900–0119] upper belt anchorages; dynamic head Dated: July 31, 2002. restraints; side air bag information that Agency Information Collection By direction of the Secretary. would include where the side air bag is Activities Under OMB Review Ernesto Castro, mounted, what type of side bag is AGENCY: Veterans Benefits Director, Records Management Service. mounted and whether the side air bags Administration, Department of Veterans [FR Doc. 02–21009 Filed 8–16–02; 8:45 am] meet the requirements of the Affairs. BILLING CODE 8320–01–P recommendations of the Technical ACTION: Notice. Working Group on Out of Position Occupants (TWG); Automatic Door Lock SUMMARY: In compliance with the DEPARTMENT OF VETERANS (ADL) information; crash avoidance Paperwork Reduction Act (PRA) of 1995 AFFAIRS information, anti-theft devices, and (44 U.S.C., 3501 et seq.), this notice [OMB Control No. 2900–0556] Static Stability Rating (SSF) announces that the Veterans Benefits information. Administration (VBA), Department of Agency Information Collection NHTSA will use this information on Veterans Affairs, has submitted the Activities Under OMB Review collection of information abstracted the NHTSA web site, in the ‘‘Buying a AGENCY: Veterans Health Safer Car’’ and ‘‘Buying a Safer Car for below to the Office of Management and Budget (OMB) for review and comment. Administration, Department of Veterans Child Passengers’’ brochures, other The PRA submission describes the Affairs. consumer publications, as well as nature of the information collection and ACTION: Notice. internally for benefit analysis. NHTSA its expected cost and burden; it includes SUMMARY: plans on making this burden easier by the actual data collection instrument. In compliance with the sending out electronic files with the Paperwork Reduction Act (PRA) of 1995 DATES: Comments must be submitted on (44 U.S.C., 3501 et seq.), this notice original letter requesting information. In or before September 18, 2002. the future, NHSTA plans on developing announces that the Veterans Health FOR FURTHER INFORMATION OR A COPY OF a process for the manufacturers to Administration (VHA), Department of THE SUBMISSION CONTACT: Denise Veterans Affairs, has submitted the submit the information on a secure McLamb, Information Management website. collection of information abstracted Service (045A4), Department of below to the Office of Management and Estimated Annual Burden: 2–5 hours Veterans Affairs, 810 Vermont Avenue, Budget (OMB) for review and comment. per vehicle model. Therefore, for a small NW., Washington, DC 20420, (202) 273– The PRA submission describes the manufacturer with only 6 vehicle 8030, FAX (202) 273–5981 or e-mail: nature of the information collection and models, the estimated burden would be [email protected]. Please its expected cost and burden; it includes 12–30 hours. For a large vehicle refer to ‘‘OMB Control No. 2900–0119.’’ the actual data collection instrument. Send comments and manufacturer with 100 vehicle models, DATES: Comments must be submitted on recommendations concerning any the estimated burden would be 200–500 or before September 18, 2002. hours. aspect of the information collection to VA’s OMB Desk Officer, OMB Human FOR FURTHER INFORMATION OR A COPY OF Number of Respondents: 45. Resources and Housing Branch, New THE SUBMISSION CONTACT: Denise Comments are invited on: Whether the Executive Office Building, Room 10235, McLamb, Information Management proposed collection of information is Washington, DC 20503 (202) 395–7316. Service (045A4), Department of necessary for the proper performance of Please refer to ‘‘OMB Control No. 2900– Veterans Affairs, 810 Vermont Avenue, the functions of the Department, 0119’’ in any correspondence. NW., Washington, DC 20420, (202) 273– 8030, FAX (202) 273–5981 or e-mail: including whether the information will SUPPLEMENTARY INFORMATION: have practical utility; the accuracy of Title: Report of Treatment in Hospital, [email protected]. Please the Department’s estimate of the burden VA FL 29–551. refer to ‘‘OMB Control No. 2900–0556.’’ of the proposed information collection; OMB Control Number: 2900–0119. Send comments and ways to enhance the quality, utility and Type of Review: Extension of a recommendations concerning any clarity of the information to be currently approved collection. aspect of the information collection to VA’s OMB Desk Officer, OMB Human collected; and ways to minimize the Abstract: This form letter is used to Resources and Housing Branch, New burden of the collection of information collect information from hospitals to Executive Office Building, Room 10235, on respondents, including the use of determine the insured’s eligibility for Washington, DC 20503 at (202) 395– automated collection techniques or disability insurance benefits. An agency may not conduct or 7316. Please refer to ‘‘OMB Control No. other forms of information technology. sponsor, and a person is not required to 2900–0556’’ in any correspondence. Issued on: August 14, 2002. respond to a collection of information SUPPLEMENTARY INFORMATION: Roger A. Saul, unless it displays a currently valid OMB Title: VA Advance Directive: Living Acting Associate Administrator for Safety control number. The Federal Register Will and Durable Power of Attorney for Performance Standards. Notice with a 60-day comment period Health Care, VA Form 10–0137. [FR Doc. 02–21028 Filed 8–16–02; 8:45 am] soliciting comments on this collection OMB Control Number: 2900–0556. of information was published on June 6, Type of Review: Extension of a BILLING CODE 4910–59–U 2002, at page 39100. currently approved collection. Affected Public: Individuals or Abstract: VA Form 10–0137 is used to households. record a patient’s specific instructions Estimated Annual Burden: 4,055. about health care decisions in the event Estimated Average Burden Per the patient no longer has decision- Respondent: 12 minutes. making capacity. The information will
VerDate Aug<2,>2002 13:32 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 E:\FR\FM\19AUN1.SGM pfrm15 PsN: 19AUN1 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Notices 53841
be used by health care professionals to soliciting comments on this collection Estimated Number of Respondents: make treatment decisions for the of information was published on June 3, 243,000. 2002, at page 38319. patient. Dated: August 5, 2002. Affected Public: Individuals or An agency may not conduct or households. By direction of the Secretary. sponsor, and a person is not required to Estimated Annual Burden: 101,250 Ernesto Castro, respond to a collection of information hours. Director, Records Management Service. unless it displays a currently valid OMB Estimated Average Burden Per [FR Doc. 02–21010 Filed 8–16–02; 8:45 am] control number. The Federal Register Respondent: 25 minutes. Notice with a 60-day comment period Frequency of Response: On occasion. BILLING CODE 8320–01–P
VerDate Aug<2,>2002 13:32 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 E:\FR\FM\19AUN1.SGM pfrm15 PsN: 19AUN1 53842
Corrections Federal Register Vol. 67, No. 160
Monday, August 19, 2002
This section of the FEDERAL REGISTER In the issue of Thursday, August 8, Friday, July 19, 2002, make the contains editorial corrections of previously 2002, on page 51583, in the first following corrections: published Presidential, Rule, Proposed Rule, column, under the meeting of 1. On page 47493, in the first column, and Notice documents. These corrections are ‘‘Thursday, August 15, 2002 at 10 prepared by the Office of the Federal under the SUMMARY section, in the A.M.’’, under ‘‘STATUS’’, ‘‘closed’’ Register. Agency prepared corrections are sixteenth line, ‘‘21 U.S.C. 804(40))’’ should read ‘‘open’’. issued as signed documents and appear in should read ‘‘21 U.S.C. 802(40))’’. the appropriate document categories [FR Doc. C2–20210 Filed 8–16–02; 8:45 am] elsewhere in the issue. 2. On the same page, in the second BILLING CODE 1505–01–D column, in the last paragraph, in the the eighth line, the word ‘‘be’’ should read ’’by’’. FEDERAL ELECTION COMMISSION DEPARTMENT OF JUSTICE [FR Doc. C2–17903 Filed 8–16–02; 8:45 am] Drug Enforcement Administration Sunshine Act Notices BILLING CODE 1505–01–D Correction 21 CFR Part 1310 The correction to notice document 02- [DEA–222A] 20210 appearing at 67 FR 53396, RIN 1117–AA64 Thursday, August 15, 2002 was incorrect. It is corrected to read as Chemical Mixtures Containing gamma- follows: Butyrolactone In notice document 02-20210 appearing on page 51583, in the issue of Correction August 8, 2002, make the following In proposed rule document 02–17903 correction: beginning on page 47493 in the issue of
VerDate Aug<2,>2002 13:40 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00001 Fmt 4734 Sfmt 4734 E:\FR\FM\19AUCX.SGM pfrm15 PsN: 19AUCX Monday, August 19, 2002
Part II
Department of Agriculture Animal Plant Health Inspection Service
7 CFR Parts 319 and 322 Bees and Related Articles; Notice of Public Hearings; Proposed Rule
VerDate Aug<2,>2002 13:47 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\19AUP2.SGM pfrm15 PsN: 19AUP2 53844 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Proposed Rules
DEPARTMENT OF AGRICULTURE You may read any comments that we commenters’ oral presentations. receive on this docket in our reading However, neither the presiding officer Animal and Plant Health Inspection room. The reading room is located in nor any other representative of APHIS Service room 1141 of the USDA South Building, will respond to comments at the 14th Street and Independence Avenue hearings, except to clarify or explain 7 CFR Parts 319 and 322 SW., Washington, DC. Normal reading provisions of the proposed rule. [Docket No. 98–109–1] room hours are 8 a.m. to 4:30 p.m., The public hearings will begin at 9 Monday through Friday, except a.m. and are scheduled to end at 5 p.m., RIN 0579–AB20 holidays. To be sure someone is there to local time. The presiding officer may help you, please call (202) 690–2817 limit the time for each presentation so Bees and Related Articles before coming. that all interested persons appearing at AGENCY: Animal and Plant Health APHIS documents published in the each hearing have an opportunity to Inspection Service, USDA. Federal Register, and related participate. Each hearing may be ACTION: Proposed rule and notice of information, including the names of terminated at any time if all persons public hearings. organizations and individuals who have desiring to speak have been heard. commented on APHIS dockets, are Registration for the hearings may be SUMMARY: We are proposing to amend available on the Internet at http:// accomplished by registering with the the regulations for the importation of www.aphis.usda.gov/ppd/rad/ presiding officer between 8:30 a.m. and honeybees and honeybee semen and the webrepor.html. 9 a.m. on the day of the hearing. Persons regulations established to prevent the Public hearings regarding this rule who wish to speak at a hearing will be introduction of exotic bee diseases and will be held at the following locations: asked to sign in with their name and organization to establish a record for the parasites through the importation of 1. Kailua-Kona, HI: Royal Kona Resort, hearing. We ask that anyone who reads bees other than honeybees, certain 75–5852 Alii Drive, Kailua-Kona, HI. beekeeping byproducts, and used 2. Fresno, CA: Piccadilly Inn Airport, a statement provide two copies to the presiding officer at the hearing. Those beekeeping equipment. Among other 5115 E. McKinley, Fresno, CA. things, our proposal would allow 3. Beltsville, MD: United States who wish to form a panel to present honeybees from Australia and Department of Agriculture, Beltsville their views will be asked to provide the name of each member of the panel and honeybees and honeybee germ plasm Agricultural Research Center, 10300 the organizations the panel members from New Zealand to be imported into Baltimore Avenue (Rte. 1), Circle the United States under certain represent. Drive, Building 003—Basement Persons or panels wishing to speak at conditions, impose certain conditions Auditorium, Beltsville, MD. on the importation into the United one or more of the public hearings may FOR FURTHER INFORMATION CONTACT: Dr. States of bees and related articles from register in advance by phone or e-mail. Wayne F. Wehling, Entomologist, Canada, and prohibit the interstate Persons wishing to register by phone Permits and Risk Assessments, PPQ, movement of honeybees into Hawaii. It should call the Regulatory Analysis and APHIS, 4700 River Road Unit 133, also would consolidate all of our Development voice mail at (301) 734– Riverdale, MD 20737–1236; (301) 734– regulations concerning bees. These 8138. Callers must leave a message 8757. changes would make these regulations clearly stating (1) the location of the more consistent with international SUPPLEMENTARY INFORMATION: hearing the registrant wishes to speak at, standards, update them to reflect Public Hearings (2) the registrant’s name and current research and terminology, and organization, and, if registering for a We are advising the public that we are simplify them and make them more panel, (3) the name of each member of hosting three public hearings on this useful. the panel and the organization each proposed rule. The first public hearing panel member represents. Persons DATES: We will consider all comments will be held in Kailua-Kona, HI, on wishing to register by e-mail must send that we receive on or before November Tuesday, October 22, 2002. The second an e-mail with the same information 18, 2002. We will also consider public hearing will be held in Fresno, described above to comments made at public hearings to be CA, on Thursday, October 24, 2002. The [email protected]. Please held in Kailua-Kona, HI, on October 22, third public hearing will be held in write ‘‘Public Hearing Registration’’ in 2002; Fresno, CA, on October 24, 2002; Beltsville, MD, on Tuesday, October 29, the subject line of your e-mail. Advance and Beltsville, MD, on October 29, 2002. 2002. registration for any hearing must be ADDRESSES: You may submit comments A representative of the Animal and received by 3 p.m. on Friday, October by postal mail/commercial delivery or Plant Health Inspection Service 18, 2002. by e-mail. If you use postal mail/ (APHIS), U.S. Department of Agriculture If you require special commercial delivery, please send four (USDA), will preside at the public accommodations, such as a sign copies of your comment (an original and hearings. Any interested person may language interpreter, please contact the three copies) to: Docket No. 98–109–1, appear and be heard in person, by person listed under FOR FURTHER Regulatory Analysis and Development, attorney, or by other representative. INFORMATION CONTACT. PPD, APHIS, Station 3C71, 4700 River Written statements may be submitted Road Unit 118, Riverdale, MD 20737– and will be made part of the hearing Background 1238. Please state that your comment record. A transcript of the public Under the Honeybee Act (7 U.S.C. refers to Docket No. 98–109–1. If you hearings will be placed in the 281–286), the Secretary of Agriculture is use e-mail, address your comment to rulemaking record and will be available authorized to prohibit or restrict the [email protected]. Your for public inspection. importation of honeybees and honeybee comment must be contained in the body The purpose of the hearings is to give semen to prevent the introduction into of your message; do not send attached interested persons an opportunity for the United States of diseases and files. Please include your name and presentation of data, views, and parasites harmful to honeybees and of address in your message and ‘‘Docket arguments. Questions about the content undesirable species such as the African No. 98–109–1’’ on the subject line. of the proposed rule may be part of the honeybee. The Secretary has delegated
VerDate Aug<2,>2002 13:47 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\19AUP2.SGM pfrm15 PsN: 19AUP2 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Proposed Rules 53845
responsibility for administering the indirectly cause serious damage to crops scientific evidence. The WTO Honeybee Act to the Administrator of and other plants. Agreement requires that any sanitary or APHIS of the USDA. Regulations The pollinator regulations allow bees phytosanitary measure taken by a established under the Honeybee Act are other than honeybees; dead bees; used member country be based on a risk contained in the Code of Federal bee boards, hives, nests, and nesting assessment. Risk assessment involves an Regulations (CFR), title 7, part 322 material; used beekeeping equipment; evaluation of the likelihood of entry, (referred to below as the ‘‘honeybee beeswax; pollen for bee feed; and honey establishment, and spread of a pest or regulations’’). for bee feed to be imported into the disease within the territory of an The honeybee regulations allow the United States from Canada without importing member country given the unrestricted importation into the United restriction but restrict the importation of sanitary or phytosanitary measures States of honeybees and honeybee these articles from other countries. which may be applied, and an semen from Canada but place stringent Specifically, the pollinator regulations evaluation of the associated potential requirements on the importation of provide for the importation of these biological and economic consequences. these products from other countries. articles from any country other than The WTO Agreement also requires Specifically, the honeybee regulations Canada only if they are imported by member countries to recognize the provide for the importation of USDA for experimental or scientific concepts of low pest or disease honeybees from any country other than purposes or if they are imported under prevalence and ensure that sanitary or Canada only if they are imported by permit and meet certain documentation, phytosanitary measures are adapted to USDA for experimental or scientific inspection, treatment, packaging, take into account the characteristics of purposes. Honeybee semen may be notification, and port of entry regions from which products originate imported only: requirements. and to which products are destined. In • By USDA for experimental or We propose to revise the honeybee addition, NAFTA and the WTO scientific purposes; or regulations and the pollinator Agreement provide that member regulations. Among other things, we • By a person or group other than countries should base their sanitary and propose to allow honeybees from USDA only if the semen is imported phytosanitary measures on international Australia and honeybees and honeybee from Australia, Bermuda, France, Great standards, guidelines, or germ plasm from New Zealand to be Britain, or Sweden and meets certain recommendations, where they exist. The imported into the United States under documentation, packaging, inspection, Office International des Epizooties, certain conditions, to impose certain notification, and port of entry which is the international standard- conditions on the importation into the setting body recognized by the WTO requirements. United States of bees and related articles In addition, the honeybee regulations Agreement for animal health, developed from Canada, and to prohibit the the international standards, guidelines, allow honeybees and honeybee semen interstate movement of honeybees into and recommendations that apply to the from New Zealand to transit the United Hawaii. We also propose to consolidate importation and exportation of bees and States en route to another destination in the honeybee regulations and the bee germ plasm. The WTO Agreement accordance with certain documentation, pollinator regulations. These changes further provides that countries may packaging, handling, notification, and would make these regulations more deviate from international standards, port of entry requirements. consistent with international standards, guidelines, and recommendations if a Under the Plant Protection Act (7 update them to reflect current research risk assessment demonstrates that U.S.C. 7701–7772), the Secretary of and terminology, and simplify them and additional measures are necessary to Agriculture is authorized to prohibit or make them more useful. provide appropriate sanitary and restrict the importation, entry, International Trade Agreements phytosanitary protection against pest exportation, or movement in interstate introduction. commerce of plant pests and other Both the North American Free Trade articles to prevent the introduction of Agreement (NAFTA) and the General Office International des Epizooties plant pests into the United States or Agreement on Tariffs and Trade (GATT) (OIE) their dissemination within the United contain provisions establishing the In chapter 2.9 of the International States. The Secretary has delegated rights and obligations of signatory Animal Health Code (2001 edition), OIE responsibility for administering the countries concerning sanitary and recommends that importing countries Plant Protection Act to the phytosanitary (SPS) regulation. SPS require specific health certifications for Administrator of APHIS. Regulations measures are generally defined as importations of bees. OIE recommends authorized by the Plant Protection Act governmental measures intended to that the health certifications address the concerning the importation of certain protect human, animal, or plant life and condition of the bees in relation to the bees, beekeeping byproducts, and used health. The applicable provisions are, following five diseases: Acariosis of beekeeping equipment are contained in respectively: Articles 709–724 of the bees (tracheal mite), American 7 CFR part 319, §§ 319.76 through NAFTA; and the World Trade foulbrood, European foulbrood, 319.76–8 (referred to below as the Organization (WTO) Agreement on the nosemosis of bees (Nosema disease), ‘‘pollinator regulations’’). Application of Sanitary and and Varroosis (Varroa mite). The pollinator regulations govern the Phytosanitary Measures (referred to All five of the bee diseases listed in importation of live bees other than below as ‘‘WTO Agreement’’). OIE’s International Animal Health Code honeybees, dead bees of the superfamily Although the two agreements differ in are established on the Continental Apoidea, certain beekeeping a few respects, both NAFTA and the United States, although other important byproducts, and beekeeping equipment. WTO Agreement provide that member bee diseases and parasites of economic These regulations help prevent the countries should ensure that any and environmental concern are not. introduction of exotic bee diseases and sanitary or phytosanitary measure is Therefore, our proposal incorporates a parasites that, if introduced into the applied only to the extent necessary to health inspection, rather than a health United States, could cause substantial protect human, animal, or plant life or certification, for bees imported into the reductions in pollination by bees. health; is based on scientific principles; Continental United States. This means Reductions in pollination by bees could and is not maintained without sufficient that rather than proposing to require a
VerDate Aug<2,>2002 13:47 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 E:\FR\FM\19AUP2.SGM pfrm15 PsN: 19AUP2 53846 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Proposed Rules
health certification that imported bees OIE standards for the approval of the United States, and to enable are free of the diseases listed in OIE’s breeding apiaries for export trade traceback of shipments should a bee International Animal Health Code, we include standards related to the disease disease or bee parasite outbreak occur in are proposing to require that the export status of apiaries, disease reporting by Canada or in the United States. Further, certificate accompanying bees imported beekeepers, controls on the introduction in accordance with NAFTA and the into the Continental United States of bees and beekeeping materials from WTO Agreement, these changes would identify any disease, parasite, or another apiary, recommendations for offer harmonization in the regulations undesirable species or subspecies of special techniques to ensure protection governing the importation of bees and honeybee found in the hive from which against outside contamination, and related articles into the United States the shipment was derived during the periodic collection of samples for from all foreign regions. The mandatory preexport inspection. If one, examination by an official laboratory. requirements related to Canada and or more, of the five diseases listed in Our proposal recognizes the value of other foreign regions are discussed in OIE’s International Animal Health Code permanent sanitary surveillance of more detail later in this document. is the only item, or items, identified on apiaries and the standards related to Proposed Format and Title of Revised the export certificate as occurring in the approving apiaries for export trade by 7 CFR Part 322 hive from which the shipment was providing for: derived, we would not refuse the • Evaluation during the risk Our proposal includes a new format shipment’s entry into the Continental assessment process of the surveillance for 7 CFR part 322. The proposed format United States. However, if another system of a region that requests combines, into this one part of the CFR, important bee disease or parasite of approval to export honeybees, honeybee the honeybee regulations and the economic and environmental concern to germ plasm, or bees other than pollinator regulations. The proposed the United States, including, but not honeybees to the United States; and format divides part 322 into five limited to, Thai sacbrood virus, • Health inspection, conducted by an subparts: A, B, C, D, and E. Subpart A Tropilaelaps clareae, and Euvarroa official of the appropriate regulatory would include definitions and general sinhai, or if an undesirable species or agency of the national government of requirements for the interstate subspecies of honeybee, including, but the approved exporting region, to movement within and importation into not limited to, the Cape honeybee (Apis identify the disease status of the apiary. the United States of bees, beekeeping byproducts, and used beekeeping mellifera capensis) and the Oriental Canada honeybee (Apis cerana), is identified on equipment. Subpart B would cover the export certificate as occurring in the This proposal would impose specific importation of honeybees, honeybee hive from which the shipment was requirements, including documentation, germ plasm, and bees other than derived, we would refuse the health inspection, packaging, port of honeybees from approved regions. shipment’s entry into the United States. entry inspection, and certain other Subpart C would cover importation of This information would help us monitor requirements, on the importation of restricted organisms (i.e., honeybee and document the health status of bees honeybees, honeybee germ plasm, bees brood in the comb and bees and intended for entry into the United States other than honeybees, and certain honeybee germ plasm from regions that and would provide important beekeeping byproducts into the United do not meet the criteria for importation information about the health status of States from Canada. This proposal under subpart B). Subpart D would imported bees to prospective buyers in would also prohibit the importation of cover shipments of restricted organisms the United States. Our proposed bee pollen for bee feed and restrict the transiting the United States en route to provisions for health inspection are importation of used beekeeping another destination. Subpart E would discussed in more detail later in this equipment into the United States from cover importation and transit of document. Canada. Currently, these commodities restricted articles (i.e., dead bees of the Because of Hawaii’s unique pest may be imported into the United States superfamily Apoidea; beeswax for status, honeybees imported into Hawaii from Canada without documentation or beekeeping, unless it has been liquefied; would be required to have a health any other conditions on their and honey for bee feed). We believe this certification. The certification would importation. The lack of documentation, format would make the regulations have to state, among other things, that as well as the lack of other means of easier to read and more useful by the honeybees were found free of Varroa monitoring and safeguarding these consolidating all of the requirements mite, tracheal mite, and African importations from Canada, increases the related to the importation of bees, honeybees during the mandatory pest risk associated with the beekeeping byproducts, and used preexport inspection. Other special importation of these commodities from beekeeping equipment. requirements for honeybees imported Canada. The most serious pest risk Based on this proposed consolidation into Hawaii are discussed later in this arises from the potential for shipments of the honeybee and pollinator document. from foreign regions that are not regulations, we also propose to change In appendix 3.4.2 of the International allowed to import bees and related the title of part 322 from ‘‘Honeybees Animal Health Code (2001 edition), OIE articles into the United States being and Honeybee Semen’’ to ‘‘Bees, recommends, among other things, that transshipped through Canada to the Beekeeping Byproducts, and Beekeeping member countries establish permanent United States. Therefore, we propose to Equipment.’’ The term ‘‘bee’’ would be sanitary surveillance of their apiaries impose specific requirements on the defined to include bee germ plasm. and approve breeding apiaries for export importation of honeybees, honeybee trade. OIE recommends that the sanitary germ plasm, bees other than honeybees, Proposed Subpart A—General surveillance include periodic visits to and certain beekeeping byproducts into Provisions apiaries to detect diseases, sampling of the United States from Canada to ensure Subpart A would provide: (1) bees to diagnose contagious diseases, that bees and related articles entering Definitions for the words we use in the and other sanitary measures (like the United States from Canada are of part, and (2) general requirements for treatment of bees and disinfection of Canadian origin, to discourage the interstate movement within and equipment) to ensure rapid eradication transshipment of bees from other foreign importation into the United States of of any outbreak of a contagious disease. countries and regions through Canada to bees, beekeeping byproducts, and used
VerDate Aug<2,>2002 13:47 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 E:\FR\FM\19AUP2.SGM pfrm15 PsN: 19AUP2 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Proposed Rules 53847
beekeeping equipment. All bees, only area in the United States that we equipment if that equipment will be beekeeping byproducts, and used propose to list as a pest-free area. used solely for indoor display purposes beekeeping equipment moved interstate Hawaii has demonstrated freedom from and will not come into contact with within or imported into the United Varroa mite, tracheal mite, and African indigenous bees, would enable States would be subject to the honeybee based on 10 years of export museums to import historical applicable general requirements inspection data. Although these pests beekeeping equipment for educational described in the proposed subpart A of have been established on the displays. The second exception we the regulations. continental United States for nearly a propose, to allow the importation of bee decade, they have not been introduced boards that contain a live brood of bees, Definitions (§ 322.1) into Hawaii. We believe this is largely other than honeybees, from regions Proposed § 322.1 would define the due to Hawaiian State law prohibiting listed in § 322.4(c), would facilitate the words we use in the part. The definition the movement of honeybees into that continued importation of certain species for United States would remain the State, together with the unique of bees from Canada for pollination of same as that currently in the honeybee biological barriers that prevent the U.S. crops. New beekeeping equipment regulations. The definitions for bee, natural spread of these pests from the would continue to be eligible for beekeeping byproduct, and beekeeping continental United States to Hawaii. We importation if it complied with all equipment would be added to reflect the believe that Federal regulations applicable regulations (such as the consolidation of the honeybee prohibiting the interstate movement of regulations pertaining to regulations and the pollinator honeybees to areas considered free from unmanufactured wood in 7 CFR part regulations. For clarity and consistency Varroa mite, tracheal mite, and African 319 and the plant pest regulations in 7 with other regulations in title 7 of the honeybee would strengthen our ability CFR part 330). CFR, the definition for inspector would to prevent the artificial spread of these In addition, paragraph (c) of § 322.2 be revised, the definition for Deputy pests into Hawaii. We would limit this would set forth the actions APHIS Administrator would be replaced with a prohibition to the interstate movement would take to prevent the introduction definition for Administrator, and the of honeybees because other bees do not of diseases, parasites, or undesirable definition for Plant Protection and carry Varroa mite or tracheal mite and, species or subspecies of honeybees into Quarantine would be replaced with a by definition, cannot be African the United States as a result of the definition for Animal and Plant Health honeybees. arrival in the United States of bees, Inspection Service. We would also Paragraph (b) of § 322.2 would beekeeping byproducts, or beekeeping update the definitions for honeybee and explain that our regulations are equipment that are not in compliance undesirable species or subspecies of designed to prevent the introduction of with part 322. Any honeybees, honeybee. Further, to explain bee diseases and parasites, and honeybee germ plasm, bees other than beekeeping terms we use in the undesirable species or subspecies of honeybees, or used beekeeping regulations, we would add definitions honeybees, into the United States equipment not in compliance with part for beekeeping establishment, brood, through the importation of bees, 322 that are imported into the United hive, germ plasm, package bees, and beekeeping byproducts, or used States would be required to be either queen. To explain the terms we use in beekeeping equipment. Paragraph (b)(1) immediately exported from the United accordance with international would require compliance with the States by the importer or destroyed at standards, we would add definitions for regulations for the importation of bees the importer’s expense. and beekeeping byproducts. This destination State and Office Costs and Charges (§ 322.3) International des Epizooties (OIE). See paragraph would also prohibit the § 322.1 of the rule portion of this importation of bee pollen for bee feed Proposed § 322.3 would clarify and document for the definitions. and the importation of used beekeeping combine information on costs and equipment unless that equipment either charges from 7 CFR 322.7 and 319.76– General Provisions will be used solely for indoor display 7. We would furnish, without cost, the The remainder of proposed subpart purposes and will not come into contact services of an inspector during normal A—§§ 322.2 and 322.3—would provide with indigenous bees or consists of bee business hours and at the usual places the general requirements for the boards that contain a live brood of bees, of duty. The importer would be interstate movement and importation of other than honeybees, from regions responsible for all costs and charges bees, beekeeping byproducts, and used listed in § 322.4(c). arising from inspection outside of beekeeping equipment and would In the current pollinator regulations, normal business hours or away from the prohibit the interstate movement of bee pollen for bee feed and used usual places of duty. The importer honeybees into Hawaii. These are beekeeping equipment may be imported would also be responsible for all costs explained below. into the United States only if they have and charges related to the export, been treated with ethylene oxide. destruction, or treatments required by General Requirements for Interstate Ethylene oxide is no longer routinely part 322. Further, if the importer Movement and Importation (§ 322.2) used as a quarantine treatment because imports bees or germ plasm into a Proposed § 322.2 would be divided it is likely carcinogenic to humans. containment facility for research or into two paragraphs: Paragraph (a), Because we do not have complete processing, the importer would be interstate movement, and paragraph (b), information supporting the adoption of responsible for all additional costs and importation. an alternative treatment for bee pollen charges associated with the importation. Paragraph (a) of § 322.2 would for bee feed or used beekeeping establish a list of areas in the United equipment, we would prohibit their Proposed Subpart B—Importation of States that are considered pest-free areas importation into the United States, with Adult Honeybees, Honeybee Germ for Varroa mite, tracheal mite, and two exceptions, to prevent the Plasm, and Bees Other Than Honeybees African honeybee and would prohibit introduction of bee diseases and From Approved Regions the interstate movement of honeybees, parasites on those commodities. The Subpart B would list approved including honeybee germ plasm, to first exception we propose, to allow the regions from which honeybees, those areas. Currently, Hawaii is the importation of used beekeeping honeybee germ plasm, and bees other
VerDate Aug<2,>2002 13:47 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00005 Fmt 4701 Sfmt 4702 E:\FR\FM\19AUP2.SGM pfrm15 PsN: 19AUP2 53848 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Proposed Rules
than honeybees may be imported into notice of availability for the New Island of New Zealand and qualitatively the United States under subpart B; set Zealand PRA. On May 3, 2000, we assesses the effect of that parasite on forth the requirements for importation published in the Federal Register (65 importations from New Zealand. We are from those regions; and establish the FR 25701, Docket No. 00–032–1) a accepting comments on the updated process by which regions may be notice of availability for the Australian New Zealand PRA concurrently with approved. PRA. We solicited public comment on comments on this proposed rule. Please each pest risk assessment for 60 days. send your comments on the updated Approved Regions (§ 322.4) During their respective 60-day comment New Zealand PRA to the address listed Proposed § 322.4(a), (b), and (c) would periods, we received 23 comments on under ADDRESSES near the beginning of list approved regions from which the New Zealand PRA and 6 comments this document. honeybees, honeybee germ plasm, and on the Australian PRA. Most of these Both pest risk assessments, with bees other than honeybees, respectively, comments, however, raised issues that addenda, are available on the Internet at may be imported into the United States are not directly related to the pest risk http://www.aphis.usda.gov/ppq/pra/ under subpart B. assessments, such as the quality of honeybees/, by calling the Plant Proposed § 322.4(a) would list honeybees and honeybee germ plasm Protection and Quarantine fax vault and Australia, Canada, and New Zealand as that may be imported from Australia requesting either document 0512 (New approved regions for the importation of and New Zealand and possible trade Zealand PRA) or document 0029 adult honeybees. Of these regions, only issues and their related economic (Australian PRA), or by contacting the Canada may currently export honeybees consequences for U.S. producers arising individual listed under FOR FURTHER to the United States. from those importations. We have INFORMATION CONTACT near the beginning Proposed § 322.4(b) would list responded to all comments received on of this document. Australia, Bermuda, Canada, France, a particular pest risk assessment, General Requirements (§ 322.5) Great Britain, New Zealand, and whether relevant to the pest risk Sweden as approved regions for the assessment or not, in an addendum to Proposed § 322.5(a) would require importation of honeybee germ plasm. that pest risk assessment. honeybees, honeybee germ plasm, and All of these countries except New We have also updated the New bees other than honeybees imported Zealand may currently export honeybee Zealand PRA because, since its from approved regions to be shipped germ plasm to the United States. publication, Varroa mite (Varroa directly from an approved region to the Proposed § 322.4(c) would list Canada jacobsoni) was detected on the North United States. This would ensure that as the only approved region for the Island of New Zealand. In response to honeybees, honeybee germ plasm, and importation of bees other than the detection of this bee parasite, the bees other than honeybees imported honeybees. This would not be a change New Zealand Ministry of Agriculture from approved regions would not transit to our regulations; Canada currently and Fisheries (MAF) immediately any nonapproved regions en route to the exports certain species of bees other restricted the movement of bees and bee United States. than honeybees into the United States to products from the North Island of New Proposed § 322.5(b) would provide pollinate crops. Imports from Australia Zealand. Then MAF conducted that adult honeybees may only be and New Zealand delimiting surveys to determine the imported under subpart B from Our proposal to allow, under certain extent of the infestation of Varroa mite approved regions listed in § 322.4(a) conditions, the importation of adult in that country. The delimiting surveys (i.e., Australia, Canada, and New honeybees from Australia and adult show that the infestation is contained to Zealand). It would also state that the honeybees and honeybee germ plasm a portion of the North Island of New honeybees must be package bees or from New Zealand is based on two pest Zealand and, at present, is extensive adult queens with attending adult risk assessments: ‘‘Pest Risk enough to prevent the eradication of honeybees. Adult bees, and particularly Assessment: Importation of Adult Varroa mite from that area. Therefore, package bees and adult queens with Queens, Package Bees, and Germ Plasm MAF, in consultation with New attending adult honeybees, which are of Honeybees (Apis mellifera L.) From Zealand’s beekeeping industry, generally produced by experienced Australia’’ (referred to below as the developed a national management plan beekeepers, are less susceptible to Australian PRA) and ‘‘Pest Risk for Varroa mite. Under the management diseases and parasites than other Assessment: Importation of Adult plan, the movement of bees and bee honeybee life stages. Other honeybee Queens, Package Bees, and Germ Plasm products within the North Island of life stages, as well as adult honeybees of Honeybees (Apis mellifera L.) From New Zealand is monitored and subject from nonapproved regions, would be New Zealand’’ (referred to below as the to certain restrictions. In addition, the allowed to be imported into the United New Zealand PRA). These pest risk movement of bees and bee products States only under subpart C, assessments conclude that importations from the North Island of New Zealand ‘‘Importation of Restricted Organisms.’’ of adult honeybees from Australia and to the South Island of New Zealand, Proposed § 322.5(c) would provide adult honeybees and honeybee germ which is considered a pest free area for that honeybee germ plasm may only be plasm from New Zealand would present Varroa mite, is subject to permit and imported under subpart B from a negligible risk of introducing exotic restrictions. The management plan also approved regions listed in § 322.4(b) bee diseases or pests or undesirable includes surveillance plans for the (i.e., Australia, Bermuda, Canada, species or subspecies of honeybees into South Island of New Zealand to ensure France, Great Britain, New Zealand, and the United States. early detection if Varroa mite is Sweden). Honeybee germ plasm from As a courtesy to the domestic introduced to that area of the country. nonapproved regions would be allowed beekeeping industry and our trading Detailed information on New Zealand’s to be imported into the United States partners, we made both pest risk Varroa mite management plan is located only under subpart C, ‘‘Importation of assessments available to the public for on the Internet at http:// Restricted Organisms.’’ comment prior to the publication of this www.maf.govt.nz/varroa. Proposed § 322.5(d) would provide proposed rule. On December 9, 1999, we Our updated New Zealand PRA that bees other than honeybees may published in the Federal Register (64 includes a discussion of the recent only be imported under subpart B from FR 68984, Docket No. 99–091–1) a detection of Varroa mite on the North approved regions listed in § 322.4(c)
VerDate Aug<2,>2002 13:47 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00006 Fmt 4701 Sfmt 4702 E:\FR\FM\19AUP2.SGM pfrm15 PsN: 19AUP2 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Proposed Rules 53849
(i.e., Canada). It would also state that the not be transshipped from a on the export certificate as occurring in bees must be live adults or live brood. nonapproved region through an the hive from which the shipment was Proposed § 322.5(d) would further approved region to the United States. derived, we would refuse the provide that only bees of the following Honeybees from nonapproved regions shipment’s entry into the United States. species may be imported under subpart would present an unacceptable risk of This would prevent the introduction of B: Bumblebees of the species Bombus introducing exotic bee diseases or exotic bee diseases and parasites, and impatiens; bumblebees of the species parasites or undesirable species or undesirable species and subspecies of Bombus occidentalis; alfalfa leafcutter subspecies of honeybees into the United honeybees, into the United States. bee (Megachile rotundata); blue orchard States. For honeybee germ plasm, the bee (Osmia lignaria); and horn-faced bee If adult honeybees were intended for requirements would be similar to the (Osmia cornifrons). These species importation into Hawaii, the export requirements for adult honeybees generally are commercially produced by certificate would also have to certify the imported into the continental United experienced beekeepers and are not following: States. The export certificate would commonly associated with bee disease • The honeybees in the shipment have to certify that the hives from which or parasite outbreaks. Other species of were inspected by an official of the the germ plasm in each shipment was bees other than honeybees, as well as appropriate regulatory agency of the derived were individually inspected by listed species of bees other than national government of the exporting an official of the appropriate regulatory honeybees from nonapproved regions, region on the day of export and showed agency of the national government of would be allowed to be imported into no sign of Varroa mite, tracheal mite, or the exporting region no more than 10 the United States only under subpart C, African honeybee; days prior to export; would have to ‘‘Importation of Restricted Organisms.’’ • The hives from which the identify any diseases, parasites, and undesirable species or subspecies of Export Certificate (§ 322.6) honeybees in the shipment are derived were individually inspected by an honeybees found in the hive during that Proposed § 322.6 would require that official of the appropriate regulatory preexport inspection; and would have to bees and honeybee germ plasm agency of the national government of certify that the bees in the hives from imported under subpart B be the exporting region no more than 10 which the shipment was derived were accompanied by an export certificate. days prior to export and showed no sign produced in the exporting region and The export certificate would have to be of the presence of Varroa mite, tracheal are the offspring of queens and drones issued by the appropriate regulatory mite, or African honeybee; or semen also produced in the exporting agency of the national government of • The honeybees in the shipment are region. Lastly, we would provide that if the exporting region. derived exclusively from an apiary an important bee disease or parasite of For adult honeybees, the export situated in the center of a zone of 50 economic and environmental concern to certificate would have to certify that the the United States, including, but not hives from which the honeybees in the kilometers (31 miles) in radius, in which special diagnostic tests, as set limited to, Thai sacbrood virus, shipment were derived were Tropilaelaps clareae, and Euvarroa individually inspected by an official of forth by OIE, did not reveal any sign of the presence of Varroa mite for at least sinhai, or if an undesirable species or the regulatory agency no more than 10 subspecies of honeybee, including, but days prior to export. In addition, the the past 2 years; • The honeybees in the shipment are not limited to, the Cape honeybee (Apis export certificate would have to identify mellifera capensis) and the Oriental derived exclusively from an apiary all diseases, parasites, and species or honeybee (Apis cerana), were identified situated in the center of a zone of 5 subspecies of honeybees found in the on the export certificate as occurring in kilometers (3.1 miles) in radius, in hive during that preexport inspection. the hive from which the shipment was which no case of tracheal mite has been Inspection of the hive would ensure that derived, we would refuse the reported for at least the past 8 months; any disease, parasite, or undesirable shipment’s entry into the United States. and species or subspecies of honeybee that Our reasons for these requirements are • The honeybees in the shipment may be present would be detected prior explained above. to that shipment’s departure from the were raised in and are derived For bees other than honeybees, the region of origin. The proposed time exclusively from an apiary that meets export certificate would have to certify limit of 10 days would ensure that even the standards of OIE for the application that the bees in the shipment were during peak periods of hive activity, of sanitary measures, special breeding produced in the exporting region and when diseases and parasites can move techniques, and sanitary surveillance are the offspring of queens and drones very rapidly through a hive, the related to Varroa mite and tracheal mite. or semen also produced in the exporting preexport inspection would offer an These inspections and other region. This requirement would help accurate assessment of the hive’s health requirements would ensure that Varroa ensure that the bees would not be status. The identification on the export mite and tracheal mite are not transshipped from a nonapproved certificate of all diseases, parasites, and introduced into Hawaii. The sizes of the region through an approved region to species or subspecies of honeybees zones described above are set by OIE the United States. Although bees other found in the hive during the preexport standards. than honeybees from approved regions inspection would offer us, as well as Lastly, this paragraph would provide present little risk of introducing exotic persons purchasing these imported bees, that if an important bee disease or bee diseases or parasites or undesirable important information on the status of parasite of economic and environmental species or subspecies of honeybees into the bees. concern to the United States, including, the United States, bees other than The export certificate would also have but not limited to, Thai sacbrood virus, honeybees from nonapproved regions to certify that the bees in the shipment Tropilaelaps clareae, and Euvarroa would present an unacceptable risk of were produced in the exporting region sinhai, or if an undesirable species or such introductions. and are the offspring of queens and subspecies of honeybee, including, but drones or semen also produced in the not limited to, the Cape honeybee (Apis Notice of Arrival (§ 322.7) exporting region. This requirement mellifera capensis) and the Oriental Proposed § 322.7 would require that would help ensure that the bees would honeybee (Apis cerana), were identified importers notify APHIS at least 10
VerDate Aug<2,>2002 13:47 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00007 Fmt 4701 Sfmt 4702 E:\FR\FM\19AUP2.SGM pfrm15 PsN: 19AUP2 53850 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Proposed Rules
business days prior to the arrival in the germ plasm that are imported from require that the person carrying the bees United States of any shipment of bees or approved regions through the mail or or honeybee germ plasm or the driver of honeybee germ plasm to be imported through commercial express delivery. the vehicle present the export certificate into the United States under subpart B. First, we would require that all sides of required by § 322.6 and an invoice or This notice would have to include the outside of each package be clearly packing slip accurately indicating the certain information about the importer, marked with the contents of the complete contents of the shipment to producer, and shipment. This shipment and the name of the exporting the inspector at the land border port in information would allow us to notify region. Second, we would require that the United States. This requirement the U.S. port of arrival and State importers using commercial express would also help facilitate the authorities in the State of destination delivery to import bees and honeybee importation of these products by about the impending shipment and germ plasm from approved regions providing our inspectors with ready would facilitate traceback of shipments would have to provide an accurate access to essential information about the if an outbreak of a disease or parasite description of the shipment’s contents shipment. for the shipment’s delivery manifest were to occur in the exporting region or Inspection; Refusal of Entry (§ 322.12) in the United States. entry. Third, we would require that, in addition to an export certificate, each Proposed § 322.12 would set forth Packaging of Shipments (§ 322.8) package be accompanied at the time of provisions for the port-of-entry Proposed § 322.8 would set forth arrival in the United States by an inspection of bees and honeybee germ requirements for packaging for invoice or packing list accurately plasm imported under subpart B. APHIS honeybees and bees other than indicating the complete contents of the inspectors would check to see that honeybees imported under subpart B. shipment. These requirements would importers had provided timely notice of We would not require any special help facilitate the importation of these arrival for a shipment and that packaging for honeybee germ plasm products by providing our inspectors shipments have the proper packaging imported under subpart B because with ready access to essential and documentation. This inspection honeybee germ plasm does not present information about the shipment. would help ensure that shipments have a risk of injury to our inspectors at U.S. been handled in accordance with the Packages That Are Hand-Carried or in regulations. ports. Personal Baggage Aboard Aircraft For adult honeybees, we would Arriving in the United States (§ 322.10) Ports of Entry (§ 322.13) require that packaging prevent the escape of the bees, and we would Proposed § 322.10 would provide Proposed § 322.13 would require that restrict the materials that may be labeling and additional documentation shipments arrive only at a U.S. port of included in the shipment with the bees. requirements for bees and honeybee entry staffed by an APHIS inspector. These requirements would ensure that germ plasm that are hand-carried or This would ensure that an APHIS bees are adequately contained during carried in personal baggage from inspector is present to determine shipping, therefore protecting our approved regions aboard aircraft. As whether shipments comply with the inspectors at U.S. ports, and would with mailed packages, we would require regulations. that the outside of each package be ensure that restricted articles are not Risk Assessment Procedures for clearly marked with the contents of the packaged with bees arriving in the Approving Countries (§ 322.14) United States from approved regions. shipment and the name of the exporting For bees other than honeybees, the region. In addition, we would require Proposed § 322.14 would set forth the adult bees would have to be shipped in that the person carrying the package risk assessment procedures we would packages that: declare it at the port of entry in the follow when we receive a request to • Are securely closed; United States by providing a copy of the approve a region to import honeybees, • Do not include any soil; and required export certificate to an honeybee germ plasm, or bees other • Include only packing materials that inspector at the port. These than honeybees into the United States. were grown or produced in the requirements would also help facilitate This information will make our review exporting region and that meet all other the importation of these products by process more transparent to our trading applicable requirements of title 7, providing our inspectors with ready partners. chapter III (such as the regulations access to essential information about the We would provide that, when we pertaining to unmanufactured wood in shipment. We recommend that receive a request to import honeybees, 7 CFR part 319 and the plant pest individuals who intend to import bees honeybee germ plasm, or bees other regulations in 7 CFR part 330). and honeybee germ plasm from than honeybees from a region that is not These requirements would help approved regions into the United States already approved for such imports, we ensure the safety of our inspectors and in this manner contact their airline of would perform a risk assessment. The prevent the introduction of exotic choice for any additional requirements risk assessment would identify bee diseases or parasites into the United the airline may have. diseases and parasites of quarantine States through packing materials. significance to the United States, as well Packages That Are Hand-Carried or in In addition, we would allow live as undesirable species and subspecies of a Personal or Commercial Vehicle brood of bees, other than honeybees, honeybees, associated with the Arriving at a Land Border Port in the imported under subpart B to enter the importation; assess the likelihood of the United States (§ 322.11) United States in new or used bee introduction of these diseases, parasites, boards, as long as those bee boards meet Proposed § 322.11 would provide and undesirable species and subspecies all applicable requirements of the additional documentation requirements of honeybees into the United States, as regulations. for bees and honeybee germ plasm that well as the consequences of are hand-carried or in a personal or introduction; and consider the Mailed Packages (§ 322.9) commercial vehicle, such as an effectiveness of the regulatory system of Proposed § 322.9 would provide automobile or truck, from approved the exporting region to control and labeling and additional documentation regions to a land border port in the prevent occurrences of diseases, requirements for bees and honeybee United States. Specifically, we would parasites, and undesirable species and
VerDate Aug<2,>2002 13:47 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00008 Fmt 4701 Sfmt 4702 E:\FR\FM\19AUP2.SGM pfrm15 PsN: 19AUP2 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Proposed Rules 53851
subspecies of honeybees. For detailed bees and bee germ plasm from approved Packaging of Shipments (§ 322.18) information about what we would regions. The packaging requirements for consider in our risk assessments, please In addition, if the applicant is not a restricted organisms would be contained refer to the rule portion of this U.S. resident, he or she would need a in proposed § 322.18. These document. sponsor who is a U.S. resident for the requirements would differ from the Proposed Subpart C—Importation of permit application. The sponsor would packaging requirements for bees and Restricted Organisms have to provide specific information honeybee germ plasm from approved Subpart C would provide the about himself or herself on the regions because, under our proposal, a conditions for the importation of application and would also have to sign restricted organism may be from a ‘‘restricted organisms.’’ The proposed the application, certifying that all nonapproved region and may be any life requirements in subpart C would be statements on the application are true stage of any number of species of bee. similar, with certain exceptions, to our and accurate. We propose this These organisms could present a health current regulations for importing requirement to identify the individual risk to indigenous bee populations if honeybees and honeybee semen from all in the United States who will be legally they escape. Therefore, to protect countries except Canada. responsible for adhering to the domestic bees, we propose to require conditions provided on the permit, and that restricted organisms be packed in a General Requirements (§ 322.15) in subpart C, for the importation of the container or combination of containers As provided in proposed § 322.15, specified restricted organisms. that will prevent the escape of the restricted organisms would be honeybee organisms and the leakage of any brood in the comb, all bees and bee Proposed § 322.16(b) would contain contained materials and that the germ plasm from nonapproved regions, the requirement that a restricted container be sufficiently strong and and species of bees other than organism be accompanied by an invoice durable enough to prevent it from honeybees that are not listed in or packing list accurately indicating the rupturing or breaking during shipment. § 322.5(d)(2). This section would also complete contents of the shipment. The In addition, because some life stages provide that restricted organisms would invoice would give essential of certain bees are routinely shipped in be allowed to be imported only for information to the inspector at the U.S. materials that are subject to other research or experimental purposes by port of entry. regulations, such as plant material or Federal, State, and university APHIS Review of Permit Applications; soil, proposed § 322.18 would list those researchers, only under permit, and Denial or Cancellation of Permits materials approved for packaging of restricted organisms. The list would only in accordance with strict (§ 322.17) packaging, handling, inspection, and consist of the following: Absorbent post-entry requirements. Proposed § 322.17 would offer cotton or processed cotton padding free of cottonseed; cages made of processed Documentation; Applying for a Permit information about the review of permit applications, explain why a permit wood; cellulose materials; excelsior; To Import a Restricted Organism felt; ground peat (peat moss); paper or (§ 322.16) application may be denied or a permit canceled, and provide the procedures paper products; phenolic resin foam; Proposed § 322.16 would require a for appealing the denial of a permit sawdust; sponge rubber; thread waste, restricted organism to be accompanied application or the cancellation of a twine, or cord; and vermiculite. We by a permit and an invoice or packing permit. Under paragraph (a) of this would require advance approval of any list accurately indicating the complete section, the review of each permit packaging materials that do not appear contents of the shipment. Under application would include, at a on this list. proposed § 322.16(a), to apply for a minimum, review by APHIS and review permit to import a restricted organism, Mailed Packages (§ 322.19) by the destination State. We propose an applicant would need to provide Proposed § 322.19 would provide that the destination State may make a specific information about himself or labeling and additional documentation herself, the organisms he or she would recommendation about the permit requirements for restricted organisms like to import, the method of shipment, application, but the final decision on that are imported through the mail or the intended U.S. port of entry, the the permit application would be made through commercial express delivery. approximate date of the shipment’s by APHIS. Under § 322.17(b), once a Specifically, § 322.19 would require arrival, the containment facility where decision is reached, we would notify the shipments to bear a special label the shipment is destined (including applicant of the approval or denial of provided with the permit to import a whether that facility has been approved the permit application. Paragraph (c) of restricted organism and would require by APHIS), and the intended use of the this section would provide the reasons each package containing a restricted restricted organisms. The application for why we would deny an application. organism to be addressed only for a permit would also need a certification Paragraph (d) would provide the reasons delivery to the containment facility or that all statements on the application why we would cancel a permit and apiary identified on the permit. We are true and accurate, and the applicant provide the steps that the owner of propose that, if these requirements are would be required to sign the permit restricted organisms would have to take not met, an inspector will refuse to application. The information on the if we cancel the owner’s permit. Finally, allow the restricted organism to enter permit application would help us paragraph (e) of this section would set the United States. These requirements determine whether the importation forth the procedures to appeal the would help ensure that a restricted presents a risk of introducing diseases denial of a permit application or the organism is properly routed to an or parasites harmful to bees, or cancellation of a permit. Overall, approved facility for containment, undesirable species and subspecies of § 322.17 would help make our permit would assist our inspectors by requiring honeybees, into the United States. This application process, including our easy access to essential information information also would preclude the criteria for permit application review, about the shipment, and would help need for a notice of arrival, as we more transparent to permit applicants ensure that the requirements of the propose to require for the importation of and permit holders. regulations are met.
VerDate Aug<2,>2002 13:47 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00009 Fmt 4701 Sfmt 4702 E:\FR\FM\19AUP2.SGM pfrm15 PsN: 19AUP2 53852 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Proposed Rules
Restricted Organisms That Are Hand- requirements are not met, an inspector application for release would have to Carried or in Personal Baggage Aboard will refuse to allow the restricted include complete information on the Aircraft Arriving in the United States organism to enter the United States. observation and inspection of the bees, (§ 322.20) These requirements would ensure that including, but not limited to, their Proposed § 322.20 would provide only those restricted organisms that health and behavior. This would ensure labeling and additional documentation meet the requirements of the regulations that only bees that do not present a risk requirements for restricted organisms are imported into the United States, of introducing diseases or parasites, and that are hand-carried or carried in while helping facilitate the importation that are not an undesirable species or personal baggage aboard aircraft. First, of restricted organisms by providing our subspecies of honeybee, would be we would require that the outside of inspectors with ready access to essential released from containment. information about the shipment. each package be clearly marked with the Proposed Subpart D—Transit of contents of the shipment and the name Inspection; Refusal of Entry (§ 322.22) Restricted Organisms Through the of the exporting region. Second, we Proposed § 322.22 would provide for United States would require that the person carrying the inspection of restricted organisms at Subpart D would provide the package declare it at the port of the port of entry. This provision would requirements for transiting restricted entry in the United States by providing help ensure that shipments have been organisms through the United States. a copy of the required permit and an handled in accordance with the The proposed provisions in this subpart invoice or packing list accurately regulations. are based on the current transit indicating the complete contents of the requirements for honeybees from New Ports of Entry (§ 322.23) shipment to an inspector at the U.S. Zealand (see current § 322.1(e)). port. Third, we would allow only the Proposed § 322.23 would require that person to whom the permit was issued, shipments arrive only at a U.S. port of General Requirements (§ 322.25) or another person also listed on the entry staffed by an APHIS inspector. Paragraph (a) of proposed § 322.25 permit, to hand-carry or carry in This would ensure that an APHIS would prohibit the transit of restricted personal baggage a restricted article into inspector is present to determine organisms through the United States the United States. Fourth, we propose whether shipments comply with the except in accordance with the proposed that, if these requirements are not met, regulations. subpart. Paragraph (b) of this section an inspector will refuse to allow the We also propose that, as soon as a would provide that transit shipments restricted organism to enter the United restricted organism is cleared for entry may only be shipped aboard aircraft to States. These requirements would help into the United States at the port, the the United States for transit to another ensure that a restricted organism is restricted organism must be taken country. Paragraph (c) would limit the properly routed to an approved facility directly to the containment facility or number of times a transit shipment may for containment, would assist our apiary identified on the permit. We be transloaded from one aircraft to inspectors by requiring easy access to would require that packages of another aircraft. Under paragraph (c), a essential information about the restricted organisms may be opened shipment of restricted organisms may shipment, and would help ensure that only in the containment facility or only be transloaded at an airport on the the requirements of the regulations are apiary identified on the permit. These continental United States and, met. We recommend that individuals requirements would prevent contact regardless of the number of stops the who intend to import restricted between restricted organisms and shipment makes at different airports on organisms into the United States in this indigenous bees and would, therefore, the continental United States, the manner contact their airline of choice reduce the potential for the introduction shipment may only be transloaded once for any additional requirements the of exotic bee diseases and parasites, and during its entire transit through the airline may have. undesirable species and subspecies of United States. We would prohibit the honeybees, into the U.S. bee population. transloading of restricted organisms at Restricted Organisms That Are Hand- any port in Hawaii; in Hawaii, the Carried or in a Personal or Commercial Post-Entry Handling (§ 322.24) restricted organisms would have to Vehicle Arriving at a Land Border Port Proposed § 322.24 would provide remain on, and depart for another in the United States (§ 322.21) performance standards that an apiary or destination from, the same aircraft on Proposed § 322.21 would provide facility must meet in order to be which the shipment arrived at the additional documentation requirements approved by APHIS to accept restricted Hawaiian port. Paragraph (d) of this for restricted organisms that are hand- organisms. These requirements would section would provide that if bees from carried or in a personal or commercial ensure that restricted organisms are approved regions may not enter Hawaii vehicle, such as an automobile or truck, adequately separated from indigenous because of the presence of Varroa mite, to a land border port in the United bees and that restricted organisms are tracheal mite, or African honeybee, States. Specifically, we would require observed and determined to be free of those bees may transit Hawaii en route that the person carrying the restricted diseases and parasites, and, if to another State or territory of the organisms or the driver of the vehicle applicable, determined to be a desirable United States only if the shipment of present a copy of the required permit species or subspecies of honeybee, bees meets the requirements of and an invoice or packing slip before release from containment. For the proposed subpart D, as well as other accurately indicating the complete specific performance standards, refer to applicable requirements in the part. contents of the shipment to the the rule portion of this document. This These requirements would help inspector at the land border port in the section would also provide the facilitate the monitoring and the United States. We would allow only the conditions under which restricted movement of transit shipments of person to whom the permit was issued, organisms may be released from restricted articles, while protecting or another person also listed on the containment. The conditions include against the introduction of exotic bee permit, to hand-carry or drive a rearing the restricted organisms through diseases and parasites, and undesirable restricted article into the United States. at least 4 months of active reproduction species and subspecies of honeybees, We also propose that, if these before applying for their release. The into the United States.
VerDate Aug<2,>2002 13:47 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00010 Fmt 4701 Sfmt 4702 E:\FR\FM\19AUP2.SGM pfrm15 PsN: 19AUP2 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Proposed Rules 53853
Documentation (§ 322.26) the United States occur under the accordance with the regulations. We Under proposed § 322.26, each supervision of an inspector. It would would require beeswax to be liquefied shipment of restricted organisms also require that if the adult bees cannot and honey for bee feed to be heated to ° ° transiting the United States must be be transloaded immediately to the 212 F (100 C) for 30 minutes. These accompanied by a document issued by subsequent flight, the bees must be treatments for beeswax and honey are the appropriate regulatory agency of the stored within a completely enclosed the same as those currently required by national government of the exporting building. Lastly, it would prohibit the § 319.76–4(c)(2) and (3), respectively, of region. The document must state that transloading of adult bees from an the pollinator regulations and help the packaging requirements of this aircraft to ground transportation for prevent the introduction of diseases subpart have been met. This provision subsequent movement through the through the importation of these would help ensure that the United States. These conditions are articles. The export certificate would requirements of the regulations have designed to ensure the safety of our help ensure that the treatments have been met. inspectors and to ensure that restricted been performed in accordance with the organisms transiting the United States regulations. Packaging of Transit Shipments do not come into contact with Because restricted articles must be (§ 322.27) indigenous bees. treated prior to importation into the Proposed § 322.27 would list the Eligible Ports for Transit Shipments United States, we are not proposing any packaging requirements for transit (§ 322.30) specific packaging requirements for shipments of restricted organisms. restricted articles. We recommend, Lastly, proposed § 322.30 would These requirements are similar to the however, that individuals who intend to require that transit shipments arrive in proposed packaging requirements for import restricted articles into the United the United States only at a U.S. port of restricted organisms for importation into States contact their shipper of choice for entry staffed by an APHIS inspector. the United States. However, we do not any requirements the shipper may This would ensure that an APHIS propose to place restrictions on the impose on the packaging of restricted inspector is present to determine materials that can be used for packaging articles. restricted organisms transiting the whether shipments comply with the United States because those shipments regulations and would be consistent Notice of Arrival (§ 322.34) with the requirements for the will not be unpacked in the United Proposed § 322.34 would require that States. These requirements would importation of bees in other subparts of the proposed regulations. importers notify APHIS at least 10 protect our inspectors and indigenous business days prior to the arrival in the bee populations and would provide Proposed Subpart E—Importation and United States of any shipment of essential information to inspectors at Transit of Restricted Articles restricted articles. This notice would the transit port. Subpart E would provide the have to include certain information Notice of Arrival (§ 322.28) conditions for the importation and about the importer, producer, recipient of the articles, and shipment. This We would also require a notice of transit of ‘‘restricted articles.’’ information would allow us to notify arrival for transit shipments of restricted General Requirements; Restricted the U.S. port of arrival about the organisms. In proposed § 322.28, we Articles (§ 322.31) would require importers to notify impending shipment and would Section 322.31 would list the APHIS at least 2 business days prior to facilitate traceback of shipments if an following as restricted articles: Dead the arrival in the United States of any outbreak of a disease or parasite were to bees, beeswax for beekeeping, and transit shipments of restricted occur in the exporting region or in the honey for bee feed.1 organisms. This notice would have to United States. include certain information about the Dead Bees (§ 322.32) Mailed Packages (§ 322.35) shipper, receiver, airline, shipment, and Under § 322.32, dead bees could be port(s) of arrival in the United States. Proposed § 322.35 would provide imported into the United States without labeling and additional documentation This information would allow us to further restriction if they are immersed notify the U.S. port(s) where the transit requirements for restricted articles that in a 70 percent alcohol solution or in are imported through the mail or shipment is due to arrive en route to liquid nitrogen, or if they are pinned another country. through commercial express delivery. and dried in the manner of scientific First, we would require that all sides of Inspection and Handling (§ 322.29) specimens. This requirement would the outside of each package be clearly ensure that exotic bee diseases and Proposed § 322.29 would provide marked with the contents of the requirements for inspection and parasites are not introduced through the shipment and the name of the exporting handling of transit shipments. importation of dead bees. region. Second, we would require that Paragraph (a) of this section would Export Certificate (§ 322.33) importers using commercial express delivery to import restricted articles provide that transit shipments would be For beeswax for beekeeping and would have to provide an accurate subject to inspection at the U.S. port honey for bee feed, we would require an description of the shipment’s contents and could be destroyed by us if the export certificate, in accordance with for the shipment’s delivery manifest shipment does not meet the proposed § 322.33. The export entry. Third, we would require that, in requirements of the regulations. certificate would have to be issued by addition to an export certificate, each Paragraph (b) would set forth the the appropriate regulatory agency of the package be accompanied at the time of conditions for transloading transit national government of the exporting arrival in the United States by an shipments of restricted organisms from region and would have to state that the invoice or packing list accurately one aircraft to another in the United restricted articles have been treated in States. This paragraph would require indicating the complete contents of the that the transloading of adult bees and 1 Honey for human consumption is regulated by shipment. These requirements would bee germ plasm from one aircraft to the Food and Drug Administration under 21 CFR facilitate the importation of restricted another aircraft at the port of arrival in part 168. articles by providing our inspectors
VerDate Aug<2,>2002 13:47 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00011 Fmt 4701 Sfmt 4702 E:\FR\FM\19AUP2.SGM pfrm15 PsN: 19AUP2 53854 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Proposed Rules
with ready access to essential requirement would also help facilitate set out below, discusses the economic information about the shipment. the importation of restricted articles by impact of this proposed rule on small providing our inspectors with ready entities. The discussion also serves as Restricted Articles That Are Hand- access to essential information about the our cost-benefit analysis under Carried or in Personal Baggage Aboard shipment. Executive Order 12866. Aircraft Arriving in the United States (§ 322.36) Inspection; Refusal of Entry (§ 322.38) We invite comments about this proposed rule as it relates to small Proposed § 322.38 would provide for Proposed § 322.36 would provide entities. In particular, we are interested the inspection of restricted articles. labeling and additional documentation in determining the number and kinds of requirements for restricted articles that Inspectors would check to see that importers provided notice of arrival for small entities that may incur benefits or are hand-carried or carried in personal costs from implementation of this baggage aboard aircraft. As with mailed the shipment and that shipments have proper documentation. These provisions proposed rule and the economic effects packages, we would require that the of those benefits or costs. outside of each package be clearly would help ensure that shipments have marked with the contents of the been handled in accordance with the We are proposing to consolidate and shipment and the name of the exporting regulations. amend the regulations for the importation of honeybees and honeybee region. In addition, we would require Ports of Entry (§ 322.39) that the person carrying the package semen and the regulations established to declare it at the port of entry in the Under § 322.39, we would also prevent the introduction of exotic bee United States by providing a copy of the require that shipments arrive only at a diseases and parasites through the required export certificate to an U.S. port of entry staffed by an APHIS importation of bees other than inspector. This would ensure that an inspector at the port. These honeybees, certain beekeeping APHIS inspector is present to determine requirements would also help facilitate byproducts, and used beekeeping whether shipments comply with the the importation of these products by equipment. Among other things, we are regulations. providing our inspectors with ready proposing to allow, under certain access to essential information about the Review of Existing Regulations conditions, the importation into the United States of honeybees from shipment. We recommend that This proposed rule is part of the individuals who intend to import Australia and honeybees and honeybee cyclical review of Part 322—Importation germ plasm from New Zealand. These restricted articles into the United States of Honeybees and Honeybee Semen to in this manner contact their airline of proposed changes would make these meet regulatory review requirements. regulations more consistent with choice for any additional requirements Executive Order 12866 and Department the airline may have. international standards, update them to Regulation 1512–1 require that agencies reflect current research and Restricted Articles That Are Hand- initiate reviews of currently effective terminology, and simplify them and Carried or in a Personal or Commercial rules to reduce regulatory burden and make them more useful. Vehicle Arriving at a Land Border Port minimize effects on small entities. Honey Production in the United States in the United States (§ 322.37) Executive Order 12866 and Regulatory Proposed § 322.37 would provide Flexibility Act The United States is the second additional documentation requirements This proposed rule has been reviewed largest honey producer in the world. In for restricted articles that are hand- under Executive Order 12866. The rule 2001, the United States had a registered carried or in a personal or commercial has been determined to be significant stock of about 2.5 million honeybee vehicle, such as an automobile or truck, for the purposes of Executive Order colonies, as shown below in Table 1. to a land border port in the United 12866 and, therefore, has been reviewed These honeybee colonies were owned States. Specifically, we would require by the Office of Management and by beekeepers with five or more that the person carrying the restricted Budget. colonies and produced nearly 186 article or the driver of the vehicle We do not have enough data for a million pounds of honey valued at $127 present the export certificate required comprehensive analysis of the economic million. Largely due to bee parasite by § 322.33, if applicable, and an effects of this proposed rule on small problems (i.e., varroa mite), the number invoice or packing slip accurately entities. Therefore, in accordance with 5 of honey bee colonies in the United indicating the complete contents of the U.S.C. 603, we have performed an initial States has been in decline, having shipment to the inspector at the land regulatory flexibility analysis for this decreased from 3.4 million in 1994 to border port in the United States. This proposed rule. This analysis, which is 2.5 million colonies in 2001.
TABLE 1.—HONEYBEE COLONIES, HONEY PRODUCTION, AND VALUE IN THE UNITED STATES, 1997–2001
Honeybee Value of Year Honeybee production production colonies (in pounds) (in U.S. Dollars)
1997 ...... 2,631,000 196,536,000 $147,795,000
1998 ...... 2,633,000 220,316,000 147,254,000
1999 ...... 2,688,000 205,250,000 126,075,000
2000 ...... 2,620,000 220,339,000 132,742,000
2001 ...... 2,513,000 185,926,000 127,060,000 Source: Honey Report (February 28, 2002), National Agricultural Statistics Service (NASS), Agricultural Statistics Board, U.S. Department of Agriculture.
VerDate Aug<2,>2002 16:29 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00012 Fmt 4701 Sfmt 4702 E:\FR\FM\19AUP2.SGM pfrm17 PsN: 19AUP2 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Proposed Rules 53855
An estimated 125,000 to 150,000 colonies). The remainder are part-time Florida, South Dakota, North Dakota, beekeepers in the United States operate (i.e., with 25 to 299 bee colonies). Minnesota, and Texas accounted for the 2.5 million honeybee colonies According to the 1997 U.S. Census of more than half of both U.S. bee colonies (NASS, Honey Report, 2002). Less than Agriculture, there were 7,688 and honey production. Hawaii, with 38 2 percent of these beekeepers in the commercial apiaries registered in the registered commercial apiaries in 1997, United States are full-time (commercial) United States in that year that sold was responsible for 0.5% of the U.S. operators (i.e., with 300 or more bee honey and 910 commercial apiaries that domestic commercial sales. However, colonies). More than 90 percent are offered their honeybees for pollination Hawaii is the only U.S. State that is able services (Table 2). Total annual sales of hobbyists (i.e., with fewer than 25 bee to export honeybees because of its honey and other bee products amounted disease-free status. to $138.23 million that year. California,
TABLE 2.—HONEYBEE COLONIES AND HONEY, INVENTORY AND SALES IN MAJOR STATES AND HAWAII IN 1997
Commercial sales of bee colonies and honey Inventory of all State U.S. registered (a) Colonies of bees (b) Honey Value of sales % of U.S. apiaries 1 Apiaries Number Apiaries Pounds (a + b) sales
California ...... 1,021 68 79,239 733 28,305,056 $23,167,000 16.8
Florida ...... 645 35 5,524 482 16,471,427 13,461,000 9.7
S. Dakota ...... 219 16 8,305 132 14,225,757 11,351,000 8.2
N. Dakota ...... 144 11 2,184 120 12,803,245 10,330,000 7.5
Texas ...... 989 57 106,028 360 8,418,792 7,906,000 5.7
Minnesota ...... 428 37 9,813 258 9,311,475 7,744,000 5.6
Sum of 6 ...... 3,446 224 211,093 2,085 89,535,752 73,959,000 53.5
Hawaii ...... 75 4 16 34 949,769 735,000 0.5
United States ...... 17,469 910 380,463 7,688 158,943,634 138,228,000 Source: National Agricultural Statistics Service (NASS), 1997 U.S. Census of Agriculture, USDA. 1 Both commercial and hobbyists’ apiaries.
Bee Pollination in the United States Other bees besides honeybees also products increases, so too does the provide important pollination services. corresponding demand for bee Honeybees, in addition to producing The alfalfa leafcutter bee (Megachile pollination services. honey, play a vital role in the rotundata), for example, has become the pollination of U.S. agricultural crops. In principal alfalfa pollinator in several International Bee Trade 1987, the annual value of agricultural Western States. Other bee species that Reported data on U.S. imports of bees production dependent upon pollination are commonly used for pollination exist only for the alfalfa leafcutter bee, by honeybees in the United States was purposes are bumblebees (Bombus a species used only for crop pollination. $9.6 billion; by 1999, that value had occidentalis and Bombus impatiens), The value of U.S. imports of alfalfa risen to $14.6 billion. More than 40 blue orchard bees (Osmia lignaria), and leafcutter bees from Canada increased percent of fruit and nut production in horn-faced bees (Osmia cornifrons). from $6.5 million in 1996, to $11.4 the United States depends upon Bumblebees are pollinators of many million in 1999, and has since declined honeybee pollination ($4.76 billion out plants, especially those growing at high to $5 million in 2001 (Table 3). Alfalfa of $10.94 billion average annual value), elevations and in greenhouses. Blue leafcutter bee larvae are generally as does more than 70 percent of orchard bees are an alternate pollinator imported into the United States vegetable and melon production ($2.98 species of orchard crops such as exclusively from Canada; however, in billion out of $3.96 billion), and around almonds. Apiculture pollination is especially vital to the fruit, nut, and 1996, small amounts of alfalfa leafcutter 21 percent of field crop production vegetable production of California and bee larvae were imported illegally from ($6.82 billion out of $32.06 billion).2 Florida. As the demand for these Colombia and Ghana.
2 ‘‘The Value of Honey Bees as Pollinators of U.S. Crops in 2000.’’ Bee Culture Magazine, March 2000.
VerDate Aug<2,>2002 13:47 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00013 Fmt 4701 Sfmt 4702 E:\FR\FM\19AUP2.SGM pfrm15 PsN: 19AUP2 53856 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Proposed Rules
TABLE 3.—U.S. IMPORTS OF LIVE LEAFCUTTER BEE (NON-APIS) LARVAE, 1996–2001
U.S. Customs Year Exporting country value (in U.S. dollars)
1996 ...... (1) Canada ...... $6,526,580 (2) Ghana ...... 2,100 World ...... 6,528,680
1997 ...... (1) Canada ...... 9,319,641 World ...... 9,319,641
1998 ...... (1) Canada ...... 10,382,341 World ...... 10,382,341
1999 ...... (1) Canada ...... 11,393,247 World ...... 11,393,247
2000 ...... (1) Canada ...... 7,169,000 (2) United Kingdom ...... 5,000 World ...... 1,174,000
2001 ...... (1) Canada ...... 5,033,000 (2) Belgium ...... 3,000 World ...... 5,036,000 Source: U.S. Department of Commerce and World Trade Atlas. Commodity code (0106005030), Leaf Cutter Bee Larvae, Live.
There are no data available on traded for honeybee workers.3 International not require import permits for most honeybees and honeybee queens, except trade data on honeybees are not readily imports of bees and bee products. Under for exports from New Zealand (Table 4) available, because only when a country this proposal, an import permit would and imports into Canada (Tables 5a and requires an import or an export be required for restricted organisms 5b). These data provide an indication of certificate does it report the (honey brood in the comb, all bees and the size of trade of honeybees amongst corresponding data. For example, bee germ plasm from nonapproved the biggest traders. Canada’s largest Canada requires import certificates for regions, and species of honeybees not trading partners are the United States honeybees and thus reports only import listed in § 322.5(d)(2)). There is no cost for honeybee queens and New Zealand data. The United States currently does for an import permit.
TABLE 4.—NEW ZEALAND’S EXPORTS OF HONEYBEE QUEENS AND HONEYBEE PACKAGES, 1996–2000
Honeybee Year Honeybee packages queens (1.5 kg)
1996 ...... 500 55,181 1997 ...... 1,300 45,865 1998 ...... 10,724 52,704 1999 ...... 10,965 15,908 2000 ...... 21,120 19,344 Source: Data have been provided by AgriQuality New Zealand and published annually in ‘‘New Zealand Beekeeper’’ magazine, August issues; Web site: http//www.beekeeping.co.nz/nzbkpg/glance.htm.
TABLE 5A.—CANADIAN IMPORTS OF LIVE HONEYBEE QUEENS FROM MAJOR SUPPLIERS, 1996–2001 (In Canadian dollars)
Countries 1996 1997 1998 1999 2000 2001
United States ...... $545,392 $708,279 $2,241,361 $1,616,708 $1,758,663 $1,805,442 (52%) (71%) (81%) (82%) (82%) (82%)
New Zealand ...... $325,864 $143,953 $225,176 $102,849 $62,436 $27,475 (31%) (14%) (8%) (5%) (3%) (1%)
Australia ...... $183,540 $150,870 $99,915 $168,356 $77,170 $79,436 (17%) (15%) (4%) (9%) (4%) (4%)
People’s Republic of China ...... $178,886 $59,058 $85,483 $125,815 (7%) (3%) (4%) (6%)
3 Hawaii is the only U.S. State that may export honeybees.
VerDate Aug<2,>2002 16:29 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00014 Fmt 4701 Sfmt 4702 E:\FR\FM\19AUP2.SGM pfrm17 PsN: 19AUP2 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Proposed Rules 53857
TABLE 5A.—CANADIAN IMPORTS OF LIVE HONEYBEE QUEENS FROM MAJOR SUPPLIERS, 1996–2001—Continued (In Canadian dollars)
Countries 1996 1997 1998 1999 2000 2001
Italy ...... $7,417 $17,065 $7,835 $8,620
Argentina ...... 0 0 $28,219 0
France ...... 0 $187 $6,446 $13,014
Germany ...... $2,228 $12,104 $800 $3,390
United Kingdom ...... $1,384 $4,818 $1,033 $3,304
Taiwan ...... $3,353 $1,114 $2,254 0
Togo ...... $5,832 0 0 0
Denmark ...... $274 0 $67 $4,477
Brazil ...... 0 0 0 $2,431
Norway ...... 0 $419 $1,951 0
Netherlands ...... $413 0 $1,267 0
Malaysia ...... 0 0 $404 0
Japan ...... 0 $145 0 $153
India ...... 0 $93 0 0
Total ...... $1,054,796 $1,003,102 $2,766,239 $1,982,916 $2,034,020 $2,073,557 Source: Agricultural Canada, Horticulture and Special Crops Division, Commodity HS Code 0106.000030.
TABLE 5B.—CANADIAN IMPORTS OF LIVE HONEYBEES, EXCEPT QUEENS, 1996–2001 [In Canadian dollars]
Countries 1996 1997 1998 1999 2000 2001
New Zealand ...... $1,240,178 $1,931,210 $1,659,455 $778,019 $295,089 $304,074 (83%) (73%) (74%) (56%) (43%) (41%)
United States* ...... $161,077 $346,642 $368,430 $195,102 $166,364 $179,974 (11%) (13%) (16%) (14%) (24%) (24%)
Australia ...... $93,551 $375,476 $176,165 $423,729 $229,089 $262,365 (6%) (14%) (8%) (30%) (43%) (35%)
Netherlands ...... 0 0 $45,490 0 0 0
Total ...... $1,494,806 $2,653,328 $2,249,540 $1,396,850 $691,398 $746,413 Source: Agricultural Canada, Horticulture and Special Crops Division, Commodity HS Code 0106.0000. *The State of Hawaii only.
Potential Effects for U.S. Entities $10 to $12 per queen, but their price March/early April) and the end of May. may range between $3 and $40, Because of seasonal differences between In 1997, California honeybee depending on the season. Queens the United States and Australia and producers sold $18.4 million worth of possessing unique or exceptional New Zealand, the adoption of this rule honeybee queens, package bees, and characteristics are occasionally is expected to have a small, if any, nucs (i.e., 3, 4, or 5 frames of bees with auctioned off for hundreds of dollars. negative impact on continental U.S. brood and a laying queen). Sales from Domestically produced package bees apiarists whose bees are ready to the rest of the United States brought the currently sell for between $30 and $42 pollinate crops just as Australian and U.S. total sales of honeybee queens, for a 3-pound colony. New Zealand bee imports cease with the package bees, and nucs to about $30 This rule places U.S. produced beginning of winter in the southern million for 1997. Since then, there have queens and package bees, for the first hemisphere. been slight increases in prices for time, in direct competition in the Because of the expected shipping honeybee queens and package bees, domestic market with imports of these season for honey bees from Australia reflecting increased demand. types of bees from Australia and New and New Zealand, the greatest potential Domestically produced honeybee Zealand. Imported bees are expected to impact of the proposed rule would queens currently sell for an average of arrive between early spring (end of likely be on bee producers in Hawaii
VerDate Aug<2,>2002 13:47 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00015 Fmt 4701 Sfmt 4702 E:\FR\FM\19AUP2.SGM pfrm15 PsN: 19AUP2 53858 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Proposed Rules
who produce honey bees year-round. quantitatively assess the effects those species of honeybees, associated with Honey bees, particularly queen bees, imports would have on U.S. producers imports of bees from the regions we from Australia and New Zealand would of queen and package bees. We request propose to designate as approved probably enter the U.S. market during information on such potential import regions. Further, the changes to the early spring (i.e., the beginning of active volumes. regulations proposed in this document reproduction in bee colonies and a Foreign government inspectors visit would bring the regulations into accord critical time for queen introduction). their countries’ apiaries twice a year and with international standards for the Traditionally, only Hawaii, because of provide their honeybee producers with trade of bees and with international its tropical climate, has been able to health certificates for exporting these trade agreements entered into by the provide queens to U.S. beekeepers bees. The price of the export certificate United States. during this time period. Therefore, is included in the sale price of these This proposed rule contains various imports of queens from Australia and honeybees. The fees that the Australian, recordkeeping and reporting New Zealand may affect the prices of all New Zealand, and Canadian requirements. These requirements are queens sold during early spring. Governments charge their bee producers described in this document under the However, we do not expect this for the certificates are small, to help heading ‘‘Paperwork Reduction Act.’’ allow their honeybee export prices to be proposed rule to have a significant Executive Order 12988 economic effect on Hawaiian queen competitive with foreign prices. We producers or other U.S. beekeepers for request information on potential costs This proposed rule has been reviewed two reasons. First, data from imports associated with issuing health under Executive Order 12988, Civil into Canada of queens and package bees certificates for bees. Justice Reform. If this proposed rule is adopted: (1) All State and local laws and demonstrate that Hawaiian queens have Economic Effect on Small Entities a strong marketability; of the queens regulations that are inconsistent with According to the North American imported into Canada between 1997 and this rule will be preempted; (2) no industry classification used by the 2001, Hawaii supplied on average 80 retroactive effect will be given to this Small Business Administration, percent, while Australia and New rule; and (3) administrative proceedings honeybee farms and honey production Zealand supplied on average only 7 will not be required before parties may are included under the ‘‘other animal percent and 6 percent, respectively file suit in court challenging this rule. production’’ category 1129, as sub (Table 5a). Second, there have been category 112910 ‘‘apiculture.’’ This National Environmental Policy Act reports from U.S. beekeepers of an industry comprises establishments APHIS’ National Environmental insufficient supply of queens that are primarily engaged in raising bees; Policy Act implementing procedures (7 needed to revitalize bee colonies in collecting honey; and/or selling queen CFR part 372) identify actions that early spring. California fruit and nut bees, packages of bees, royal jelly, bees’ normally require environmental producers, in particular, also experience wax, propolis, venom, or other bee assessments, including rulemakings shortages of pollinators as honey bees products. Such entities are considered designed to remedy specific animal and from the continental United States are small if they have annual receipts of plant health risks. The pest risk still in winter hibernation and those $750,000 or less. Therefore, most of the assessments supporting this proposed from Hawaii are not enough to meet apiaries that would be affected by this rule indicate that no new animal or demand at that time of the year. proposed rule qualify under this plant health risks would result from the Therefore, based on the high demand for definition of a ‘‘small entity.’’ adoption of the provisions outlined in pollination services and the uncertainty Specifically, only 20 to 50 apiaries out this proposed rule. Further, the in the amount of imports to fulfill this of 17,469 total apiaries in 1997 had proposed regulations would not demand, the price of Hawaiian early more than $750,000 of annual sales. We irrevocably commit the Agency to allow spring honey bees is not expected to fall do not expect that U.S. apiarists, or the movement or environmental release significantly with the importation of importers and distributors of bees and of any organisms or articles for which honey bees. In general, expanded bee equipment, large or small, would be APHIS has jurisdiction under the supplies of honey bees made possible significantly affected by this rule. Honeybee Act or Plant Protection Act. through this action might reduce their As discussed above, the number of Consequently, we have determined that price only slightly if demand is elastic, honeybee colonies in the United States an environmental assessment is not with greater price decreases possible if has fallen from 3.4 million in 1994, to necessary for this proposed rule. If demand is inelastic. We request 2.5 million in 2001, due to Varroa mites, APHIS were to consider a permit information on demand elasticity for an exotic bee parasite. Meanwhile, the application to release a regulated bees for the purpose of estimating demand for honeybees and other organism into the environment under impacts on U.S. bee suppliers and pollinating bees continues to increase, the provisions of this proposed rule, an purchasers. especially during the early spring environmental assessment or While Hawaiian suppliers may months when continental U.S. bees are environmental impact statement may be witness some price decline, such losses not available to pollinate almonds and prepared as part of APHIS’ to suppliers would not be expected to plums in California. Therefore, greater decisionmaking process. exceed gains to purchasers of bees, who access to bee imports from more Paperwork Reduction Act in general would benefit by increased countries will benefit U.S. agriculture in availability of honey bees, particularly general. In accordance with section 3507(d) of queens, during early spring. However, the Paperwork Reduction Act of 1995 we do not have information on the Alternatives Considered (44 U.S.C. 3501 et seq.), the information volume of queens or package bees that An alternative to this proposed rule collection or recordkeeping may be imported into the United States was to make no changes in the requirements included in this proposed from Australia and New Zealand or on regulations. After consideration, we rule have been submitted for approval to the potential demand for imports of rejected this alternative because there the Office of Management and Budget queens and package bees from Australia appears to be no disease or parasite risk, (OMB). Please send written comments and New Zealand. Therefore, we cannot or risk of introduction of undesirable to the Office of Information and
VerDate Aug<2,>2002 13:47 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00016 Fmt 4701 Sfmt 4702 E:\FR\FM\19AUP2.SGM pfrm15 PsN: 19AUP2 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Proposed Rules 53859
Regulatory Affairs, OMB, Attention: Estimated annual number of 322.14 Risk assessment procedures for Desk Officer for APHIS, Washington, DC responses: 1,618. approving countries. 20503. Please state that your comments Estimated total annual burden on Subpart C—Importation of Restricted refer to Docket No. 98–109–1. Please respondents: 282 hours. (Due to Organisms send a copy of your comments to: (1) averaging, the total annual burden hours 322.15 General requirements; restricted Docket No. 98–109–1, Regulatory may not equal the product of the annual organisms. Analysis and Development, PPD, number of responses multiplied by the 322.16 Documentation; applying for a APHIS, suite 3C03, 4700 River Road reporting burden per response.) permit to import a restricted organism. Unit 118, Riverdale, MD 20737–1238, Copies of this information collection 322.17 APHIS review of permit and (2) Clearance Officer, OCIO, USDA, can be obtained from Mrs. Celeste applications; denial or cancellation of room 404–W, 14th Street and Sickles, APHIS’ Information Collection permits. Independence Avenue SW., Coordinator, at (301) 734–7477. 322.18 Packaging of shipments. 322.19 Mailed packages. Washington, DC 20250. A comment to List of Subjects 322.20 Restricted organisms that are hand- OMB is best assured of having its full carried or in personal baggage aboard effect if OMB receives it within 30 days 7 CFR Part 319 aircraft arriving in the United States. of publication of this proposed rule. Bees, Coffee, Cotton, Fruits, Honey, 322.21 Restricted organisms that are hand- The implementation of the proposal Imports, Logs, Nursery stock, Plant carried or in a personal or commercial would require us to engage in certain diseases and pests, Quarantine, vehicle arriving at a land border port in information collection activities, which the United States. Reporting and recordkeeping 322.22 Inspection; refusal of entry. in turn would necessitate the use of requirements, Rice, Vegetables. forms and other information collection 322.23 Ports of entry. and recordkeeping documents. These 7 CFR Part 322 322.24 Post-entry handling. forms and other documents would Bees, Honey, Imports, Reporting and Subpart D—Transit of Restricted Organisms include export certificates, notices of recordkeeping requirements. Through the United States arrival, applications for permits to Accordingly, we propose to amend 7 322.25 General requirements. import restricted organisms, transit CFR chapter III as follows: 322.26 Documentation. documentation, labeling of shipments, 322.27 Packaging of transit shipments. risk assessments, and records kept by PART 319—FOREIGN QUARANTINE 322.28 Notice of arrival. containment facilities. We are asking NOTICES 322.29 Inspection and handling. OMB to approve this information 322.30 Eligible ports for transit shipments. collection. 1. The authority citation for part 319 Subpart E—Importation and Transit of We are soliciting comments from the would continue to read as follows: Restricted Articles public (as well as affected agencies) Authority: 7 U.S.C. 166, 450, 7711–7714, 322.31 General requirements; restricted concerning our proposed information 7718, 7731, 7732, and 7751–7754; 21 U.S.C. articles. collection and recordkeeping 136 and 136a; 7 CFR 2.22, 2.80, and 371.3. 322.32 Dead bees. requirements. These comments will 2. In part 319, ‘‘Subpart Exotic Bee 322.33 Export certificate. 322.34 Notice of arrival. help us: Diseases and Parasites,’’ §§ 319.76 (1) Evaluate whether the proposed 322.35 Mailed packages. through 319.76–8, would be removed. 322.36 Restricted articles that are hand- information collection is necessary for 3. Part 322 would be revised to read the proper performance of our agency’s carried or in personal baggage aboard as follows: aircraft arriving in the United States. functions, including whether the 322.37 Restricted articles that are hand- information will have practical utility; PART 322—BEES, BEEKEEPING carried or in a personal or commercial (2) Evaluate the accuracy of our BYPRODUCTS, AND BEEKEEPING vehicle arriving at a land border port in estimate of the burden of the proposed EQUIPMENT the United States. information collection, including the 322.38 Inspection; refusal of entry. validity of the methodology and Subpart A—General Provisions 322.39 Ports of entry. assumptions used; Sec. Authority: 7 U.S.C. 281; 7 U.S.C. 7701– (3) Enhance the quality, utility, and 322.1 Definitions. 7772; 7 CFR 2.22, 2.80, and 371.3. clarity of the information to be 322.2 General requirements for interstate collected; and movement and importation. Subpart A—General Provisions (4) Minimize the burden of the 322.3 Costs and charges. § 322.1 Definitions. information collection on those who are Subpart B—Importation of Adult to respond (such as through the use of Honeybees, Honeybee Germ Plasm, and Administrator. The Administrator, appropriate automated, electronic, Bees Other Than Honeybees From Animal and Plant Health Inspection mechanical, or other technological Approved Regions Service, or an individual authorized to collection techniques or other forms of 322.4 Approved regions. act for the Administrator. information technology; e.g., permitting 322.5 General requirements. Animal and Plant Health Inspection electronic submission of responses). 322.6 Export certificate. Service (APHIS). The Animal and Plant Estimate of burden: Public reporting 322.7 Notice of arrival. Health Inspection Service of the United burden for this collection of information 322.8 Packaging of shipments. States Department of Agriculture. is estimated to average 0.1742 hours per 322.9 Mailed packages. Bee. Any member of the superfamily response. 322.10 Packages that are hand-carried or in Apoidea in any life stage, including Respondents: Importers of bees and personal baggage aboard aircraft arriving germ plasm. in the United States. Beekeeping byproduct. Material for related articles, foreign governments, 322.11 Packages that are hand-carried or in and containment facilities. a personal or commercial vehicle use in hives, including, but not limited Estimated annual number of arriving at a land border port in the to, beeswax for beekeeping, pollen for respondents: 95. United States. bee feed, or honey for bee feed. Estimated annual number of 322.12 Inspection; refusal of entry. Beekeeping equipment. Equipment responses per respondent: 17.03. 322.13 Ports of entry. used to house and manage bees,
VerDate Aug<2,>2002 13:47 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00017 Fmt 4701 Sfmt 4702 E:\FR\FM\19AUP2.SGM pfrm15 PsN: 19AUP2 53860 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Proposed Rules
including, but not limited to, bee honeybees, including honeybee germ import bees or germ plasm into a boards, hive bodies, bee nests and plasm, into those areas is prohibited. containment facility for research or nesting material, smokers, hive tools, (b) Importation. In order to prevent processing, you will be responsible for gloves or other clothing, and shipping the introduction into the United States all additional costs and charges containers. of bee diseases and parasites, and associated with the importation. Beekeeping establishment. All of the undesirable species and subspecies of facilities, including apiaries, honey honeybees: Subpart B—Importation of Adult houses, and other facilities, and land (1) You may import bees, honeybee Honeybees, Honeybee Germ Plasm, that comprise a proprietor’s beekeeping germ plasm, and beekeeping byproducts and Bees Other Than Honeybees From business. into the United States only in Approved Regions Brood. The larvae, pupae, or accordance with this part. § 322.4 Approved regions. postovipositional ova (including (2) You may not import pollen embryos) of bees. derived from bee colonies and intended (a) Adult honeybees. The following Destination State. The State, district, for use as bee feed into the United regions are approved for the importation or territory of the United States that is States. of adult honeybees into the United the final destination of imported bees, (3)(i) You may not import used States under the conditions of this beekeeping byproducts, or beekeeping beekeeping equipment into the United subpart: equipment. States, unless that used beekeeping Australia Hive. A box or other shelter equipment either: Canada containing a colony of bees. (A) Will be used solely for indoor New Zealand Honeybee. Any live bee of the genus display purposes and will not come into (b) Honeybee germ plasm. The Apis in any life stage except germ contact with indigenous bees; or following regions are approved for the plasm. (B) Consists of bee boards that contain importation of honeybee germ plasm Germ plasm. The semen and live brood of bees, other than into the United States under the preovipositional ova of bees. honeybees, from a region listed in conditions of this subpart: Inspector. Any employee of the § 322.4(c). Australia Animal and Plant Health Inspection (ii) New, unused beekeeping Bermuda Service, or other individual authorized equipment is eligible for importation Canada by the Administrator to carry out the into the United States if it complies France provisions of this part. with all applicable regulations in this Great Britain Office International des Epizooties chapter. New Zealand (OIE). The organization in the Food and (c) Movements not in compliance. Sweden Agriculture Organization of the United (1) Any honeybees, honeybee germ (c) Bees other than honeybees. The Nations responsible for the International plasm, bees other than honeybees, following regions are approved for the Animal Health Code, which includes a beekeeping byproducts, or used importation of bees other than section regarding bee diseases in beekeeping equipment not in honeybees into the United States under international trade. compliance with this part that are the conditions of this subpart: Package bees. Queen honeybees with imported into the United States will be Canada attendant adult honeybees placed in a either: (d) If the name of the region from shipping container, such as a tube or (i) Immediately exported from the which you want to import adult cage. United States by you at your expense; or honeybees, honeybee germ plasm, or Queen. The actively reproducing (ii) Destroyed by us at your expense. bees other than honeybees into the adult female in a colony of bees. (2) Pending exportation or United States does not appear in Undesirable species or subspecies of destruction, we will immediately apply paragraphs (a), (b), or (c), respectively, honeybees. Honeybee species or any necessary safeguards to the bees, of this section, refer to subpart C of this subspecies including, but not limited to, beekeeping byproducts, or used part, ‘‘Importation of Restricted Apis mellifera scutellata, commonly beekeeping equipment to prevent the Organisms,’’ for requirements. known as the African honeybee, and its introduction of bee diseases and (e) For information on approving hybrids; and Apis mellifera capensis, parasites, and undesirable species and other regions for the importation of commonly known as the Cape subspecies of honeybees, into the adult honeybees, honeybee germ plasm, honeybee. United States. or bees other than honeybees into the United States. The States, District of United States, see § 322.14 of this Columbia, American Samoa, Guam, § 322.3 Costs and charges. subpart. Northern Mariana Islands, Puerto Rico, We will furnish, without cost, the and the Virgin Islands of the United services of an inspector during normal § 322.5 General requirements. States. business hours and at the inspector’s (a) All shipments of bees and places of duty. You will be responsible honeybee germ plasm imported into the § 322.2 General requirements for interstate for all costs and charges arising from United States under this subpart must movement and importation. inspection outside of normal business be shipped directly to the United States (a) Interstate movement. hours or away from the inspector’s from an approved region. (1) The following regions of the places of duty.1 You are also responsible (b) Adult honeybees. United States are considered pest-free for all costs and charges related to any (1) You may import adult honeybees areas for Varroa mite, tracheal mite, and exportation or destruction of shipments, under this subpart only from regions African honeybee: Hawaii. in accordance with § 322.2(c)(1) of this listed in § 322.4(a) of this subpart. (2) In order to prevent the part, and treatments required by (2) The honeybees must be package introduction of Varroa mite, tracheal § 322.32 of this part. Further, if you bees or queens with attending adult mite, and African honeybee into the bees. pest-free areas listed in paragraph (a)(1) 1 Information on costs for services of an inspector (c) Honeybee germ plasm. You may of this section, interstate movement of are contained in 7 CFR part 354. import honeybee germ plasm under this
VerDate Aug<2,>2002 13:47 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00018 Fmt 4701 Sfmt 4702 E:\FR\FM\19AUP2.SGM pfrm15 PsN: 19AUP2 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Proposed Rules 53861
subpart only from regions listed in (iii) The honeybees in the shipment derived, we will refuse the shipment’s § 322.4(b) of this subpart. are derived exclusively from an apiary entry into the United States. (d) Bees other than honeybees. situated in the center of a zone of 50 (c) Bees other than honeybees. For (1) You may import live adult bees or kilometers (31 miles) in radius, in bees other than honeybees, the export live brood under this subpart only from which special diagnostic tests, as set certificate must certify that the bees in regions listed in § 322.4(c) of this forth by the Office International des the shipment were produced in the subpart. Epizooties, did not reveal any sign of exporting region and are the offspring of (2) The live bees or brood must belong the presence of Varroa mite for at least queens and drones or semen also to one of the following species: the past 2 years; produced in the exporting region. (i) Bumblebees of the species Bombus (iv) The honeybees in the shipment § 322.7 Notice of arrival. impatiens; are derived exclusively from an apiary (ii) Bumblebees of the species Bombus situated in the center of a zone of 5 (a) At least 10 business days prior to occidentalis; the arrival in the United States of any (iii) Alfalfa leafcutter bee (Megachile kilometers (3.1 miles) in radius, in which no case of tracheal mite has been shipment of bees or honeybee germ rotundata); plasm imported into the United States (iv) Blue orchard bee (Osmia lignaria); reported for at least the past 8 months; and under this subpart, you must notify or APHIS of the impending arrival. Your (v) Horn-faced bee (Osmia cornifrons). (v) The honeybees in the shipment (3) If you want to import species of were raised in and are derived notification must include the following bees other than those listed in paragraph exclusively from an apiary that meets information: (d)(2) of this section, refer to subpart C the standards of the Office International (1) Your name, address, and of this part, ‘‘Importation of Restricted des Epizooties for the application of telephone number; Organisms,’’ for requirements. sanitary measures, special breeding (2) The name and address of the techniques, and sanitary surveillance receiving apiary; § 322.6 Export certificate. related to Varroa mite and tracheal mite. (3) The name, address, and telephone Each shipment of bees and honeybee (3) If the export certificate identifies number of the producer; germ plasm arriving in the United States an important bee disease or parasite of (4) The U.S. port where you expect from an approved region must be economic and environmental concern to the shipment to arrive; accompanied by an export certificate the United States, including, but not (5) The date you expect the shipment issued by the appropriate regulatory limited to, Thai sacbrood virus, to arrive at that U.S. port; agency of the national government of Tropilaelaps clareae, and Euvarroa (6) The scientific name(s) of the the exporting region. sinhai, or an undesirable species or organisms in the shipment; (7) A description of the shipment (i.e., (a) Adult honeybees. subspecies of honeybee, including, but package bees, queen bees, nest boxes, (1) For adult honeybees, the export not limited to, the Cape honeybee (Apis etc.); and certificate must: mellifera capensis) and the Oriental (i) Certify that the hives from which (8) The total number of organisms you honeybee (Apis cerana), as occurring in the honeybees in the shipment were expect to receive. the hive from which the shipment was derived were individually inspected by (b) You must provide the notification derived, we will refuse the shipment’s an official of the regulatory agency no to APHIS through one of the following entry into the United States. more than 10 days prior to export; means: (b) Honeybee germ plasm. (ii) Identify any diseases, parasites, or (1) By mail to the Permit Unit, undesirable species or subspecies of (1) For honeybee germ plasm, the Scientific Services, PPQ, APHIS, 4700 honeybee found in the hive during that export certificate must: River Road Unit 133, Riverdale, MD preexport inspection; and (i) Certify that the hives from which 20737–1236; or (iii) Certify that the bees in the the germ plasm in each shipment was (2) By facsimile at (301) 734–8700; or shipment were produced in the derived were individually inspected by (3) By electronic mail to exporting region and are the offspring of an official of the regulatory agency no [email protected]. queens and drones or semen also more than 10 days prior to export; produced in the exporting region. (ii) Identify any diseases, parasites, or § 322.8 Packaging of shipments. (2) In addition, for the importation of undesirable species or subspecies of (a) Adult honeybees. All shipments of adult honeybees into Hawaii, the export honeybee found in the hive during that adult honeybees imported into the certificate must also certify to the preexport inspection; and United States under this subpart: following: (iii) Certify that the bees in the hives (1) Must be packaged to prevent the (i) The honeybees in the shipment from which the shipment was derived escape of any bees; were inspected by an official of the were produced in the exporting region (2) Must not include any brood, comb, appropriate regulatory agency of the and are the offspring of queens and pollen, or honey; and national government of the exporting drones or semen also produced in the (3) May include sugar water or region and showed no sign of Varroa exporting region. crystallized sugar (e.g., candy) as food mite (Varroa spp.), tracheal mite (2) If the export certificate identifies during transit. (Acarapis woodi), or African honeybee an important bee disease or parasite of (b) Bees other than honeybees. (Apis mellifera scutellata) on the day of economic and environmental concern to (1) Adult bees. All adult bees other export; the United States, including, but not than honeybees imported into the (ii) The hives from which the limited to, Thai sacbrood virus, United States must be packaged to honeybees in the shipment are derived Tropilaelaps clareae, and Euvarroa prevent the escape of any bees. were individually inspected by an sinhai, or an undesirable species or (2) Live brood. For live brood of bees official of the appropriate regulatory subspecies of honeybee, including, but other than honeybees, packages: agency of the national government of not limited to, the Cape honeybee (Apis (i) Must be securely closed; the exporting region and showed no mellifera capensis) and the Oriental (ii) May not include any soil; sign of the presence of Varroa mite, honeybee (Apis cerana), as occurring in (iii) May include only packing tracheal mite, or African honeybee; the hive from which the shipment was materials that were grown or produced
VerDate Aug<2,>2002 13:47 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00019 Fmt 4701 Sfmt 4702 E:\FR\FM\19AUP2.SGM pfrm15 PsN: 19AUP2 53862 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Proposed Rules
in the exporting region and that meet all through a land border port in the United the exporting region. The risk other applicable requirements of this States either by hand-carrying or in a assessment will include: chapter, such as the regulations personal or commercial vehicle (i.e., (1) Identification of all bee diseases, pertaining to unmanufactured wood in automobile or truck), then the person including fungi, bacteria, viruses, 7 CFR part 319 and the plant pest carrying the package or the driver of the mycoplasmas, and protozoa, that occur regulations in 7 CFR part 330; and vehicle must present the export in the exporting region but not in the (iv) May consist of brood housed in certificate required by § 322.6 of this United States or that are listed as new or used bee boards, provided the subpart and an invoice or packing slip significant for international trade by the bee boards meet all applicable accurately indicating the complete Office International des Epizooties requirements of this part. contents of the shipment to the (OIE); inspector at the land border port. § 322.9 Mailed packages. (2) Identification of all bee parasites, (a) If you import a package of § 322.12 Inspection; refusal of entry. including mites, that occur in the honeybees, honeybee germ plasm, or (a) Shipments of honeybees, honeybee exporting region but not in the United bees other than honeybees under this germ plasm, and bees other than States or that are listed as significant for subpart through the mail or through honeybees imported into the United international trade by the OIE; commercial express delivery, you must States under this subpart will be (3) Identification of all species and mark all sides of the outside of that inspected at the port of entry in the subspecies of honeybees that occur in package with the contents of the United States for: the exporting region but not in the shipment, i.e., ‘‘Live Bees,’’ ‘‘Bee Germ (1) Proper documentation (see § 322.6 United States or that are listed as Plasm,’’ or ‘‘Live Bee Brood,’’ and the of this subpart); significant for international trade by the name of the exporting region. The (2) Timely notice of arrival (see OIE, if applicable; marking must be clearly visible using § 322.7 of this subpart); and black letters at least 1 inch in height on (4) Identification of all pests of bee (3) Adequate packaging (see § 322.8 of culture, such as the small hive beetle, a white background. this subpart). (b) If you import a package of that occur in the exporting region but (b) If, upon inspection, any shipment not in the United States or that are listed honeybees, honeybee germ plasm, or fails to meet the requirements of this bees other than honeybees under this as significant for international trade by part, that shipment will be refused entry the OIE; subpart through commercial express into the United States. In accordance delivery, you must provide an accurate with § 322.2(c) of this part, the inspector (5) Evaluation of the probability of description of the complete contents of will offer you, or in your absence the establishment, including pathway, the shipment, i.e., ‘‘Live Bees,’’ ‘‘Bee shipper, the opportunity to immediately entry, colonization, and spread Germ Plasm,’’ or ‘‘Live Bee Brood,’’ for export any refused shipments. If you, or potentials, of any diseases, parasites, the shipment’s delivery manifest entry. in your absence the shipper, decline to undesirable species or subspecies of (c) In addition to the export certificate immediately export the shipment, we honeybees, or pests identified in required in § 322.6 of this subpart, a will destroy the shipment at your accordance with paragraphs (b)(1), (2), package of honeybees, honeybee germ expense. (3), or (4) of this section; plasm, or bees other than honeybees (6) Evaluation of the potential imported under this subpart by § 322.13 Ports of entry. consequences of establishment, commercial express delivery must be Shipments of honeybees, honeybee including economic, environmental, accompanied at the time of arrival in the germ plasm, and bees other than and perceived social and political United States by an invoice or packing honeybees imported under this subpart effects, of each disease, parasite, list accurately indicating the complete may enter the United States only at a undesirable species or subspecies of contents of the shipment. port of entry staffed by an APHIS honeybees, or pest identified in 2 § 322.10 Packages that are hand-carried or inspector. accordance with paragraphs (b)(1), (2), in personal baggage aboard aircraft arriving § 322.14 Risk assessment procedures for (3), or (4) of this section; and in the United States. approving countries. (7) Consideration of the effectiveness If you import a package of honeybees, (a) The national government of the of the regulatory system of the exporting honeybee germ plasm, or bees other region wishing to export must request region to control bee diseases, parasites, than honeybees under this subpart via that we perform a risk assessment for undesirable species and subspecies of an international flight by hand-carrying the importation into the United States of honeybees, and pests that occur there the package or carrying it in your honeybees, honeybee germ plasm, or and to prevent occurrences of new bee personal baggage, then: bees other than honeybees from that diseases, parasites, undesirable species (a) That package must be clearly region. and subspecies of honeybees, and pests. marked with the contents of the (b) When we receive a request, we (c) Based on the conclusions of the shipment, i.e., ‘‘Live Bees,’’ ‘‘Bee Germ will evaluate the science-based risks risk assessment, we will either: Plasm,’’ or ‘‘Live Bee Brood,’’ and the associated with such importation. Our name of the exporting region; and (1) Publish in the Federal Register a (b) You must declare it at the port of risk assessment will be based on notice of proposed rulemaking to allow entry in the United States by providing information provided by the exporting honeybees, honeybee germ plasm, or a copy of the export certificate required region, information from topical bees other than honeybees to be in § 322.6 to an inspector at the port. scientific literature, and, if applicable, imported into the United States from information we gain from a site visit to that region; or § 322.11 Packages that are hand-carried or in a personal or commercial vehicle arriving 2 To find out if a specific port is staffed by an (2) Deny the request in writing, stating at a land border port in the United States. APHIS inspector, or for a list of ports staffed by the specific reasons for that action. AHPIS inspectors, contact Permit Unit, Scientific If you import a package of honeybees, Services, PPQ, APHIS, 4700 River Road Unit 133, (d) We will publish a notice of honeybee germ plasm, or bees other Riverdale, Maryland 20737–1236; toll-free (877) availability of all completed risk than honeybees under this subpart 770–5990; fax (301) 734–8700. assessments for public comment.
VerDate Aug<2,>2002 13:47 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00020 Fmt 4701 Sfmt 4702 E:\FR\FM\19AUP2.SGM pfrm15 PsN: 19AUP2 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Proposed Rules 53863
Subpart C—Importation of Restricted (2) Application type. New permit, indicating the complete contents of the Organisms permit renewal, or amendment to shipment and the exporting region. existing permit (if a renewal or § 322.15 General requirements; restricted amendment, provide the current permit § 322.17 APHIS review of permit organisms. applications; denial or cancellation of number). permits. (a) For the purposes of this part, the (3) Type of movement. Select ‘‘Import following are restricted organisms: into the United States.’’ (a) Review of permit applications to (1) Honeybee brood in the comb; (4) Scientific name of organism. import restricted organisms. (2) Adult honeybees from any region Genus, species, subspecies or strain, and (1) Consultation. During our review of other than those listed in § 322.4(a) of author (if known). your permit application, we may this part; (5) Type of organism. Select ‘‘Bees consult with any Federal officials; (3) Honeybee germ plasm from any and/or bee semen.’’ appropriate officials of any State, region other than those listed in (6) Taxonomic classification. Family Territory, or other jurisdiction in the § 322.4(b) of this part; and of restricted organisms. United States in charge of research or (4) Bees other than honeybees, in any (7) Life stage(s). Semen, regulatory programs relative to bees; and life stage, from any region other than preovipositional eggs, embryos, any other qualified governmental or those listed in § 322.4(c) of this part or postovipositional eggs, larvae, pupae, or private research laboratory, institution, any species of bee other than those adults. If adult queens, please specify. or individual. We will conduct these listed in § 322.5(d)(2) of this part. (8) Number of shipments. consultations to gain information on the (b) Restricted organisms may be (9) Number of specimens per risks associated with the importation of imported into the United States only by shipment. the restricted organisms. Federal, State, or university researchers (10) Is the organism established in the (2) Review by destination State. We for research or experimental purposes United States? will transmit a copy of your permit and in accordance with this part. (11) Is the organism established in the application, along with our anticipated destination State? decision on the application, to the § 322.16 Documentation; applying for a (12) Media or species of host material appropriate regulatory official in the permit to import a restricted organism. accompanying the organism (e.g., destination State for review and Any restricted organism imported into pollen, honey, wax, nesting material). recommendation. A State’s response, the United States must be accompanied (13) Source of organism (include any which we will consider before taking by both a permit, in accordance with that apply, and list region of origin). final action on the permit application, paragraph (a) of this section, and an Supplier (provide supplier’s name and may take one of the following forms: invoice or packing list accurately address), wild collected, or reared under (i) The State recommends that we indicating the complete contents of the controlled conditions. issue the permit; shipment, in accordance with paragraph (14) Method of shipment. Airmail, (ii) The State recommends that we (b) of this section. express delivery (list company name), issue the permit with specified (a) Permit. You must submit a baggage, auto. additional conditions; completed application for a permit to (15) Port(s) of entry. (iii) The State recommends that we import restricted organisms at least 30 (16) Approximate date(s) of arrival at deny the permit application and days prior to scheduling arrival of those the port of entry. provides scientific, risk-based reasons organisms. You may import a restricted (17) Destination. Provide the address supporting that recommendation; or organism only if we approve your of the location where the organism will (iv) The State makes no application and issue you a permit. Our be received and maintained. recommendation, thereby concurring procedures for reviewing permit (18) Intended use (include any that with our decision regarding the issuance 4 applications are provided in § 322.17. apply). Select ‘‘Scientific Study.’’ of the permit. (b) Results of review. After a complete To apply for a permit, you must supply, (19) Has your facility been inspected review of your application, we will either on a completed PPQ Form 526 or by APHIS? If yes, list date(s) of either: in some other written form, the approval. Is your facility approved for (1) Issue you a written permit with, if following information:3 the species of bees or bee germ plasm applicable, certain specific conditions (1) Applicant information. Your for which you are seeking a permit? listed for the importation of the name, title, organization, address, (20) Provide your signature and the restricted organisms you applied to telephone number, facsimile number, date of your signature under the import. You must acknowledge and electronic mail address (provide all following certification: ‘‘I certify that all acceptance of the permit and, if that are applicable). You must also state statements and entries I have made on applicable, the specified conditions by whether you are a U.S. resident. If you this document are true and accurate to signing the acknowledgment card that are not a U.S. resident, you must also the best of my knowledge and belief. I you will receive with your permit. The supply the name, title, organization, understand that any intentional false written permit does not become valid address, telephone number, facsimile statement or misrepresentation made on until we receive a signed number, and electronic mail address this document is a violation of law and acknowledgment card from you; or (provide all that are applicable) of a U.S. punishable by a fine of not more than $10,000, or imprisonment of not more (2) Notify you that your application resident who will act as a sponsor for has been denied and provide reasons for the permit application. than 5 years, or both. (18 U.S.C. 1001).’’ If you are required to have a sponsor for the denial. your permit application, your sponsor (c) Denial of permit applications. 3 Mail your completed application to Permit Unit, APHIS will deny an application for a Scientific Services, PPQ, APHIS, 4700 River Road, must also sign and date under the same Unit 133, Riverdale, Maryland 20737–1236. A PPQ certification. permit to import a restricted organism Form 526 may be obtained by writing to the same (b) Invoice. Any restricted organism address, calling toll-free (877) 770–5990, faxing 4 If a State regulatory official does not respond your request to (301) 734–8700, or downloading the must be accompanied at the time of within 10 business days, we will conclude that the form from http://www.aphis.usda.gov/ppq/ss/ arrival in the United States by an State has chosen to make no recommendation permits/pests/. invoice or packing list accurately regarding the issuance of the permit.
VerDate Aug<2,>2002 13:47 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00021 Fmt 4701 Sfmt 4702 E:\FR\FM\19AUP2.SGM pfrm15 PsN: 19AUP2 53864 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Proposed Rules
regulated under this subpart when, in Rules of practice concerning the hearing (2) You must declare it at the port of its opinion, such movement would will be adopted by the Administrator. entry to the United States by providing involve a danger of dissemination of an a copy of the appropriate permit and an exotic bee disease or parasite, or an § 322.18 Packaging of shipments. invoice or packing list accurately undesirable species or subspecies of (a) Restricted organisms must be indicating the complete contents of the honeybee. Danger of such dissemination packed in a container or combination of shipment to an inspector at the port of may be deemed to exist when: containers that will prevent the escape entry. (1) Existing safeguards against of the organisms and the leakage of any (b) Only you or your representative dissemination are inadequate and no contained materials. The container must (as stated on the application and permit) adequate safeguards can be arranged; or be sufficiently strong and durable may import a restricted organism via an (2) The potential for disseminating an enough to prevent it from rupturing or international flight by hand-carrying or exotic bee disease or parasite, or an breaking during shipment. carrying it in your personal baggage. undesirable species or subspecies of (b) The outer container must be (c) If you fail to declare the restricted honeybee, with the restricted organism clearly marked with the contents of the organism or present a copy of the permit outweighs the probable benefits that shipment, i.e., either ‘‘Live Bees,’’ ‘‘Bee and an invoice or packing list accurately could be derived from the proposed Germ Plasm,’’ or ‘‘Live Bee Brood,’’ and indicating the complete contents of the movement and use of the restricted the name of the region of origin. shipment at the port of entry, or if the organism; or (c) Only approved packing materials restricted organism is carried by an (3) When you, as a previous may be used in a shipment of restricted individual not identified on the permittee, failed to maintain the organisms. application or permit, an inspector will safeguards or otherwise observe the (1) The following materials are refuse the organism’s entry to the conditions prescribed in a previous approved as packing materials: United States. permit and have failed to demonstrate Absorbent cotton or processed cotton § 322.21 Restricted organisms that are your ability or intent to observe them in padding free of cottonseed; cages made of processed wood; cellulose materials; hand-carried or in a personal or commercial the future; or vehicle arriving at a land border port in the (4) The proposed movement of the excelsior; felt; ground peat (peat moss); United States. paper or paper products; phenolic resin restricted organism is adverse to the (a) If you import a restricted organism conduct of an eradication, suppression, foam; sawdust; sponge rubber; thread waste, twine, or cord; and vermiculite. through a land border port in the United control, or regulatory program of APHIS. States either by hand-carrying or in a (d) Cancellation of permits. (2) Other materials, such as host material for the organism, soil, or other personal or commercial vehicle (i.e., (1) APHIS may cancel any automobile or truck), then the person outstanding permit whenever: types of packing material, may be included in a container only if carrying the restricted organism or the (i) We receive information subsequent driver of the vehicle must present the to the issuance of the permit of identified in the permit application and approved by APHIS on the permit. permit required by § 322.16 of this circumstances that would constitute subpart and an invoice or packing slip cause for the denial of an application for § 322.19 Mailed packages. accurately indicating the complete permit under paragraph (c) of this (a) If you import a restricted organism contents of the shipment to the section; or through the mail or through commercial inspector at the land border port. (ii) You, as the permittee, fail to express delivery, you must attach a (b) Only you or your representative maintain the safeguards or otherwise special mailing label, which APHIS will (as stated on the application and permit) observe the conditions specified in the provide with your permit, to the may import a restricted organism permit or in any applicable regulations. package or container. The mailing label through a land border port in the United (2) Upon cancellation of a permit, you indicates that APHIS has authorized the States either by hand-carrying or in a must either: shipment. personal or commercial vehicle (i.e., (i) Surrender all restricted organisms (b) You must address the package automobile or truck). to an APHIS inspector; or containing the restricted organism to the (c) If you fail to present a copy of the (ii) Destroy all restricted organisms containment facility or apiary identified permit and an invoice or packing list under the supervision of an APHIS on the permit. accurately indicating the complete inspector. (c) If the restricted organism arrives in contents of the shipment at the port of (e) Appealing the denial of permit the mail without the mailing label entry, or if the restricted organism is applications or cancellation of permits. described in paragraph (a) of this carried by an individual not identified If your permit application has been section or addressed to a facility or on the application or permit, an denied or your permit has been apiary other than the one listed on the inspector will refuse the organism’s canceled, APHIS will promptly inform permit, an inspector will refuse to allow entry to the United States. you, in writing, of the reasons for the the organism to enter the United States. denial or cancellation. You may appeal § 322.22 Inspection; refusal of entry. the decision by writing to the § 322.20 Restricted organisms that are (a) APHIS may inspect any restricted Administrator and providing all of the hand-carried or in personal baggage aboard organism at the time of importation to facts and reasons upon which you are aircraft arriving in the United States. determine if the organism meets all of relying to show that your permit (a) If you import restricted organisms the requirements of this part. application was wrongfully denied or via an international flight by hand- (b) If, upon inspection, any shipment your permit was wrongfully canceled. carrying the package or carrying it in fails to meet the requirements of the The Administrator will grant or deny your personal baggage, then: regulations, that shipment will be the appeal as promptly as circumstances (1) The outer container must be refused entry into the United States. In allow and will state, in writing, the clearly marked with the contents of the accordance with § 322.2(c) of this part, reasons for the decision. If there is a shipment, i.e., either ‘‘Live Bees,’’ ‘‘Bee the inspector will offer you, or in your conflict as to any material fact, you may Germ Plasm,’’ or ‘‘Live Bee Brood,’’ and absence the shipper, the opportunity to request a hearing to resolve the conflict. the name of the region of origin; and immediately export any refused
VerDate Aug<2,>2002 13:47 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00022 Fmt 4701 Sfmt 4702 E:\FR\FM\19AUP2.SGM pfrm15 PsN: 19AUP2 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Proposed Rules 53865
shipments. If you, or in your absence pathogens, parasites, containers, or (d) Release from containment apiary the shipper, decline to immediately other material? or facility. export the shipment, we will destroy the (2) Containment apiaries. (1) After rearing the restricted shipment at your expense. (i) Is the apiary located in an area organisms in an approved containment devoid of indigenous bees and facility through at least 4 months of § 322.23 Ports of entry. sufficiently isolated to prevent contact active reproduction with no evidence of A restricted organism may be between indigenous bees and imported nonindigenous parasites or pathogens or imported only at a port of entry staffed restricted organisms? Is the area of undesirable characteristics, you may 5 by an APHIS inspector. After a extending from the apiary to the nearest submit a request to us for the release of restricted organism has been cleared for indigenous bees constantly unsuitable the bees. The request must include: importation at the port of entry, you for foraging individuals of the imported (i) Inspection protocols; must mail or hand-carry the organism restricted organisms? (ii) Inspection frequencies; immediately and directly from the port (ii) Does the apiary have sufficient (iii) Names and titles of inspectors; of entry to the containment facility or physical barriers to prevent the entry of (iv) Complete information, including apiary identified on the permit. You unauthorized visitors? laboratory reports, on detection of may open the package containing the (iii) Does the apiary have operational diseases and parasites in the population; restricted organism only within the and procedural safeguards in place to (v) Complete notes and observations containment facility or apiary identified prevent the escape of the restricted on behavior, such as aggressiveness and on the permit. organisms, parasites, and pathogens, swarming; and (vi) Any other information or data § 322.24 Post-entry handling. and to prevent the entry of other organisms and unauthorized visitors? relating to bee diseases, parasites, or (a) Immediately following clearance at adverse species or subspecies. the port of entry, a restricted organism (iv) Does the apiary have a means of inactivating or sterilizing restricted (2) Mail your request for release to the must move directly to a containment Permit Unit, Scientific Services, PPQ, facility that has been inspected and organisms, and any hives, wax, pathogens, parasites, containers, or APHIS, 4700 River Road Unit 133, approved by APHIS.6 We must inspect Riverdale, MD 20737–1236, or fax to and approve the facility before we will other materials? (3) Containment apiaries for (301) 734–8700. issue a permit to import a restricted (3) When we receive a complete organism. honeybees resulting from germ plasm imported from nonapproved regions. request for release from containment, (b) Inspection of premises. Prior to we will evaluate the request and issuing a permit to import restricted (i) Does the apiary have sufficient physical barriers to prevent the entry of determine whether the bees may be organisms, we will inspect the apiary or released. Our evaluation may include an facility where you intend to contain the unauthorized visitors? (ii) Are there sufficient physical environmental assessment or restricted organisms. In order to approve environmental impact statement the apiary or facility, an inspector must barriers (e.g., excluders) in hives in the apiary to prevent the escape of all adult prepared in accordance with the determine that adequate safeguards are National Environmental Policy Act. We in place to prevent the release of queen and drone honeybees resulting from the germ plasm? may conduct an additional inspection of diseases or parasites of bees, or of the bees during our evaluation of the undesirable species or strains of (iii) Does the apiary have operational and procedural safeguards in place to request. You will receive a written honeybees. We will use the following statement as soon as circumstances criteria to determine whether adequate prevent the escape of all queen and drone honeybees resulting from the allow that approves or denies your safeguards are in place: request for release of the bees. (1) Enclosed containment facilities. germ plasm? (i) Will the facility’s entryways, (iv) Does the apiary have a means of Subpart D—Transit of Restricted windows, and other structures, destroying colonies of honeybees with Organisms Through the United States including water, air, and waste handling undesirable characteristics that may systems, contain the restricted result from imported germ plasm? § 322.25 General requirements. organisms, parasites and pathogens, and (c) Holding in containment. (a) You may transit restricted prevent the entry of other organisms and (1) If we issue a permit for importing organisms from any region through the unauthorized visitors? restricted organisms into an approved United States to another region only in (ii) Does the facility have operational containment facility or apiary, you may accordance with this part. For a list of and procedural safeguards in place to not remove or release the restricted restricted organisms, see § 322.15(a). prevent the escape of the restricted organisms, or the progeny or germ (b) You may ship restricted organisms organisms, parasites, and pathogens, plasm resulting from the restricted only aboard aircraft to the United States and to prevent the entry of other organisms, from the apiary or facility for transit to another country. organisms and unauthorized visitors? without our prior approval. (c) You may transload a shipment of (iii) Does the facility have a means of (2) You must allow us to inspect the restricted organisms only once during inactivating or sterilizing restricted apiary or facility and all documents the shipment’s entire transit through the organisms and any breeding materials, associated with the importation or United States and only at an airport on holding of restricted organisms at any the continental United States. You may 5 To find out if a specific port is staffed by an time to determine whether safeguards not transload restricted organisms in APHIS inspector, or for a list of ports staffed by are being maintained to prevent the Hawaii. In Hawaii, the restricted APHIS inspectors, contact Permit Unit, Scientific Services, PPQ, APHIS, 4700 River Road Unit 133, release of the restricted organisms, their organisms must remain on, and depart Riverdale, Maryland 20737–1236; toll-free (877) progeny and germ plasm, parasites, and for another destination from, the same 770–5990; fax (301) 734–8700. pathogens. aircraft on which the shipment arrived 6 For a list of approved facilities, or to arrange to (3) You must inform us immediately, at the Hawaiian airport. have a facility inspected by APHIS, contact Permit Unit, Scientific Services, PPQ, APHIS, 4700 River but no later than 24 hours after (d) If adult bees from approved Road Unit 133, Riverdale, MD 20737–1236; toll-free detection, if restricted organisms escape regions may not enter Hawaii because of (877) 770–5990. from the facilityl. the presence of Varroa mite, tracheal
VerDate Aug<2,>2002 13:47 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00023 Fmt 4701 Sfmt 4702 E:\FR\FM\19AUP2.SGM pfrm15 PsN: 19AUP2 53866 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Proposed Rules
mite, or African honeybee, those bees to inspection at the port in the United accompanied by an export certificate may transit Hawaii en route to another States for compliance with this part. If, issued by the appropriate regulatory State or territory of the United States upon inspection, a transit shipment of agency of the national government of only if the shipment of bees meets the restricted articles is found not to meet the exporting region. The export requirements of this subpart, as well as the requirements of this part, we will certificate must state that the articles in other applicable requirements of this destroy the shipment at your expense. the shipment have been treated as part. (b) Transloading.—(1) Adult bees. follows: You may transload adult bees from one § 322.26 Documentation. (a) Beeswax. Liquefied. aircraft to another aircraft at the port of (b) Honey for bee feed. Heated to 212 Each shipment of restricted organisms arrival in the United States only under °F (100 °C) for 30 minutes. transiting the United States must be the supervision of an inspector. If the accompanied by a document issued by adult bees cannot be transloaded § 322.34 Notice of arrival. the appropriate regulatory authority of immediately to the subsequent flight, (a) At least 10 business days prior to the national government of the region of you must store them within a the arrival in the United States of any origin stating that the shipment has completely enclosed building. Adult shipment of restricted articles, you must been inspected and determined to meet bees may not be transloaded from an notify APHIS of the impending arrival. the packaging requirements in § 322.27. aircraft to ground transportation for Your notification must include the § 322.27 Packaging of transit shipments. subsequent movement through the following information: United States. (a) Restricted organisms transiting the (2) Bee germ plasm. You may (1) Your name, address, and United States must be packaged in transload bee germ plasm from one telephone number; securely closed and completely aircraft to another at the port of arrival (2) The name and address of the enclosed containers that prevent the in the United States only under the recipient of the restricted articles; escape of organisms and the leakage of supervision of an inspector. (3) The name, address, and telephone any contained materials. The container number of the producer; must be sufficiently strong and durable § 322.30 Eligible ports for transit shipments. (4) The date you expect to receive the to prevent it from rupturing or breaking shipment; during shipment. You may transit restricted organisms (5) A description of the contents of (b) In addition to the requirements in only at a port of entry staffed by an the shipment (i.e., dead bees, honey for paragraph (a) of this section, each pallet APHIS inspector.7 bee feed, etc.); and of cages containing honeybees transiting the United States must be covered by an Subpart E—Importation and Transit of (6) The total number of restricted escape-proof net that is secured to the Restricted Articles articles you expect to receive. (b) You must provide the notification pallet so that no honeybees can escape § 322.31 General requirements; restricted from underneath the net. articles. to APHIS through one of the following means: (c) The outside of the package must be (a) The following articles from any clearly marked with the contents of the region are restricted articles: (1) By mail to the Permit Unit, transit shipment, i.e., either ‘‘Live (1) Dead bees of any genus; Scientific Services, PPQ, APHIS, 4700 Bees,’’ ‘‘Bee Germ Plasm,’’ or ‘‘Live Bee (2) Beeswax for beekeeping; and River Road Unit 133, Riverdale, MD Brood,’’ and the name of the exporting (3) Honey for bee feed. 20737–1236; or region. (b) Restricted articles may only be (2) By facsimile at (301) 734–8700; or § 322.28 Notice of arrival. imported into or transit the United (3) By electronic mail to States in accordance with this part. [email protected]. At least 2 business days prior to the expected date of arrival of restricted § 322.32 Dead bees. § 322.35 Mailed packages. organisms at a port in the United States (a) Dead bees imported into or (a) If you import a restricted article for in-transit movement, you or your transiting the United States must be through the mail or through commercial shipper must contact the port to give the either: express delivery, you must mark all following information: (1) Immersed in a solution containing sides of the outside of that package with (a) The name of each U.S. airport at least 70 percent alcohol; the contents of the shipment and the where the shipment will arrive; (2) Immersed in liquid nitrogen; or name of the exporting region. The (b) The name of the U.S. airport where (3) Pinned and dried in the manner of marking must be clearly visible using the shipment will be transloaded (if scientific specimens. black letters at least 1 inch in height on applicable); (b) Dead bees are subject to inspection a white background. (c) The date of the shipment’s arrival at the port of entry in the United States at each U.S. airport; to confirm that the requirements of (b) If you import a restricted article (d) The date of the shipment’s paragraph (a) of this section have been through commercial express delivery, departure from each U.S. airport; met. you must provide an accurate (e) The names and addresses of both description of the complete contents of the shipper and receiver; § 322.33 Export certificate. the shipment for the shipment’s (f) The number of units in the Each shipment of restricted articles, delivery manifest entry. shipment (i.e., number of queens or except for dead bees, imported into or (c) In addition to the export certificate number of cages of package bees); and transiting the United States must be required in § 322.33 (if applicable) of (g) The name of the airline carrying this subpart, a restricted article that is the shipment. 7 To find out if a specific port is staffed by an imported by mail or commercial express APHIS inspector, or for a list of ports staffed by delivery must be accompanied by an § 322.29 Inspection and handling. AHPIS inspectors, contact Permit Unit, Scientific Services, PPQ, APHIS, 4700 River Road Unit 133, invoice or packing list accurately (a) All shipments of restricted articles Riverdale, Maryland 20737–1236; toll-free (877) indicating the complete contents of the transiting the United States are subject 770–5990; fax (301) 734–8700. shipment.
VerDate Aug<2,>2002 13:47 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00024 Fmt 4701 Sfmt 4702 E:\FR\FM\19AUP2.SGM pfrm15 PsN: 19AUP2 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Proposed Rules 53867
§ 322.36 Restricted articles that are hand- carrying the package containing the part, that shipment will be refused entry carried or in personal baggage aboard restricted article or the driver of the into the United States. In accordance aircraft arriving in the United States. vehicle must present the export with § 322.2(c) of this part, the inspector If you import a restricted article via an certificate required by § 322.33 (if will offer you, or in your absence the international flight by hand-carrying the applicable) of this subpart and an shipper, the opportunity to immediately package or carrying it in your personal invoice or packing slip accurately export any refused shipments. baggage, then: indicating the complete contents of the (a) That package containing the shipment to the inspector at the land § 322.39 Ports of entry. restricted article must be clearly marked border port. A restricted article may be imported with the contents of the shipment and only at a port of entry staffed by an the name of the exporting region; and § 322.38 Inspection; refusal of entry. APHIS inspector. To find out if a (b) You must declare it at the port of (a) You must present shipments of specific port is staffed by an APHIS entry in the United States by providing restricted articles to the inspector at the inspector, or for a list of ports staffed by a copy of the export certificate required port of entry in the United States. APHIS inspectors, contact Permit Unit, in § 322.33 (if applicable) to an Shipments of restricted articles must Scientific Services, PPQ, APHIS, 4700 inspector at the port. remain at the port of entry until released River Road Unit 133, Riverdale, by the inspector. Maryland 20737–1236; toll-free (877) § 322.37 Restricted articles that are hand- (b) The inspector at the port will 770–5990; fax (301) 734–8700. carried or in a personal or commercial confirm that all shipments of restricted vehicle arriving at a land border port in the articles have proper documentation (see Done in Washington, DC, this 13th day of United States. § 322.33 of this subpart) and that you August, 2002. If you import a restricted article provided notice of arrival for all Bill Hawks, through a land border port in the United shipments of restricted articles (see Under Secretary, Marketing and Regulatory States either by hand-carrying or in a § 322.34 of this subpart). Programs. personal or commercial vehicle (i.e., (c) If, upon inspection, any shipment [FR Doc. 02–20941 Filed 8–16–02; 8:45 am] automobile or truck), then the person fails to meet the requirements of this BILLING CODE 3410–34–P
VerDate Aug<2,>2002 13:47 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00025 Fmt 4701 Sfmt 4702 E:\FR\FM\19AUP2.SGM pfrm15 PsN: 19AUP2 Monday, August 19, 2002
Part III
Department of Education Rehabilitation Training: Rehabilitation Long-Term Training—Vocational Rehabilitation Counseling; Notice
VerDate Aug<2,>2002 13:49 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\19AUN2.SGM pfrm15 PsN: 19AUN2 53870 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Notices
DEPARTMENT OF EDUCATION invite you to assist us in complying Department. This notice does not with the specific requirements of preclude us from proposing or funding Rehabilitation Training: Rehabilitation Executive Order 12866 and its overall additional priorities, subject to meeting Long-Term Training—Vocational requirement of reducing regulatory applicable rulemaking requirements. Rehabilitation Counseling burden that might result from this Note: This notice does not solicit proposed priority. Please let us know of AGENCY: Office of Special Education and applications. In any year in which we choose Rehabilitative Services, Department of any further opportunities we should to use this proposed priority, we invite Education. take to reduce potential costs or increase applications through a notice in the Federal potential benefits while preserving the Register. When inviting applications we ACTION: Notice of proposed priority. effective and efficient administration of designate the priority as absolute, competitive preference, or invitational. The SUMMARY: The Assistant Secretary for the program. effect of each type of priority follows: the Office of Special Education and During and after the comment period, Rehabilitative Services proposes a you may inspect all public comments Absolute priority: Under an absolute priority under the Rehabilitation about this proposed priority in room priority, we consider only applications Training: Rehabilitation Long-Term 3414, Switzer Building, 330 C Street, that meet the priority (34 CFR Training program. The Assistant SW., Washington, DC, between the 75.105(c)(3)). hours of 8:30 a.m. and 4 p.m., Eastern Secretary may use this priority for Competitive preference priority: time, Monday through Friday of each competitions in fiscal year (FY) 2003 Under a competitive preference priority, week except Federal holidays. and in later years. We take this action we give competitive preference to an to focus on training in an identified area Assistance to Individuals With application by either (1) awarding of national need. The purpose of this Disabilities in Reviewing the additional points, depending on how priority is to increase the partnership Rulemaking Record well or the extent to which the activities between rehabilitation On request, we will supply an application meets the priority (34 CFR counseling programs and State 75.105(c)(2)(i)); or (2) selecting an vocational rehabilitation (VR) agencies appropriate aid, such as a reader or print magnifier, to an individual with a application that meets the priority over and to increase the number of an application of comparable merit that rehabilitation counseling programs that disability who needs assistance to review the comments or other does not meet the priority (34 CFR provide for students experiential 75.105(c)(2)(ii)). activities, such as formal internships or documents in the public rulemaking practicum agreements with State VR record for this proposed priority. If you Invitational priority: Under an agencies. We intend the priority to want to schedule an appointment for invitational priority, we are particularly increase the pool of qualified VR this type of aid, please contact the interested in applications that meet the counselors available for employment person listed under FOR FURTHER invitational priority. However, we do with State VR agencies. INFORMATION CONTACT. not give an application that meets the The Rehabilitation Long-Term priority a competitive or absolute DATES: We must receive your comments Training program provides financial preference over other applications (34 on or before September 18, 2002. assistance for— CFR 75.105(c)(1)). ADDRESSES: Address all comments about (1) Projects that provide basic or this proposed priority to Christine advanced training leading to an Priority Marschall, U.S. Department of academic degree in areas of personnel Proposed Priority—Partnership With the Education, 400 Maryland Avenue, SW., shortages in rehabilitation as identified State VR Agency Switzer Building, Room 3325, by the Secretary; Washington, DC 20202–2649. If you (2) Projects that provide a specified Background: According to State VR prefer to send your comments through series of courses or program of study agency data in the annual submission of the Internet, use the following address: leading to award of a certificate in areas the Comprehensive System of Personnel [email protected]. of personnel shortages in rehabilitation Development (CSPD) plan, a personnel You must include the term ‘‘Long- as identified by the Secretary; and survey conducted by the Council of Term Training Program: Vocational (3) Projects that provide support for State Administrators of Vocational Rehabilitation Counseling’’ in the medical residents enrolled in residency Rehabilitation (CSAVR), and the subject line of your electronic message. training programs in the specialty of proceedings of the 2002 CSPD national FOR FURTHER INFORMATION CONTACT: physical medicine and rehabilitation. meeting, State VR agencies throughout Christine Marschall. Telephone: (202) We propose this priority to increase the nation are experiencing a personnel 205–8926 or via Internet: the number of rehabilitation counseling shortage of qualified VR counselors. [email protected]. programs that provide experiential Rates of retirement and attrition in State If you use a telecommunications activities for students, such as formal VR agencies reported in the annual device for the deaf (TDD), you may call internships, practicum agreements, and CSPD plans indicate that this personnel the TDD number at (202) 205–8133. other partnership activities with State shortage will increase. A review by the Individuals with disabilities may VR agencies. This proposed priority Rehabilitation Services Administration obtain this document in an alternative supports a close relationship between (RSA) of employment locations chosen format (e.g., Braille, large print, the educational institution and the State by RSA-sponsored graduates, as audiotape, or computer diskette) on VR agency by creating or increasing reported by RSA training programs, request to the contact person listed ongoing collaboration in order to indicates that only a small percentage of under FOR FURTHER INFORMATION increase the number of graduates who RSA graduates seek employment with CONTACT. seek employment in State VR agencies. State VR agencies. However, State VR SUPPLEMENTARY INFORMATION: We will announce the final priority in agencies reported in the CSAVR survey a notice in the Federal Register. We will and at the CSPD national meeting that Invitation To Comment determine the final priority after individuals who are aware of the We invite you to submit comments considering responses to this notice and distinct role of the qualified VR regarding this proposed priority. We other information available to the counselor and benefits of employment
VerDate Aug<2,>2002 13:49 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4703 E:\FR\FM\19AUN2.SGM pfrm15 PsN: 19AUN2 Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Notices 53871
within a State VR agency are more likely Projects must include an evaluation of To use PDF you must have Adobe to seek employment with the State. the impact of project activities. Acrobat Reader, which is available free Priority: This priority supports Intergovernmental Review at this site. If you have questions about projects that will increase the using PDF, call the U.S. Government knowledge of students of the role and This program is subject to Executive Printing Office (GPO), toll free, at 1– responsibilities of the VR counselor and Order 12372 and the regulations in 34 888–293–6498; or in the Washington, CFR part 79. One of the objectives of the of the benefits of counseling in State VR DC, area at (202) 512–1530. agencies. This priority focuses attention Executive order is to foster an Note: The official version of this document on and intends to strengthen the unique intergovernmental partnership and a is the document published in the Federal role of rehabilitation educators and strengthened federalism. The Executive Register. Free Internet access to the official State VR agencies in the preparation of order relies on processes developed by State and local governments for edition of the Federal Register and the Code qualified VR counselors by increasing or of Federal Regulations is available on GPO creating ongoing collaboration between coordination and review of proposed Federal financial assistance. Access at: http://www.access.gpo.gov/nara/ institutions of higher education and This document provides early index.html. State VR agencies. notification of our specific plans and Projects funded under this priority (Catalog of Federal Domestic Assistance actions for this program. Number 84.129B Rehabilitation Long-Term must include within the degree program Applicable Program Regulations: 34 information about and experience in the Training—Vocational Rehabilitation CFR parts 385 and 386. Counseling) State VR system. Projects must include partnering activities for students with Electronic Access to This Document Program Authority: 29 U.S.C. 772. the State VR agency including You may view this document, as well Dated: August 14, 2002. experiential activities, such as formal as all other Department of Education Robert H. Pasternack, internship or practicum agreements. In documents published in the Federal addition, experiential activities for Register, in text or Adobe Portable Assistant Secretary for Special Education and students with community-based Document Format (PDF) on the Internet Rehabilitative Services. rehabilitation service providers are at the following site: www.ed.gov/ [FR Doc. 02–21025 Filed 8–16–02; 8:45 am] encouraged. legislation/FedRegister. BILLING CODE 4000–01–P
VerDate Aug<2,>2002 13:49 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4703 E:\FR\FM\19AUN2.SGM pfrm15 PsN: 19AUN2 i
Reader Aids Federal Register Vol. 67, No. 160 Monday, August 19, 2002
CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING AUGUST
Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202–523–5227 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 523–5227 the revision date of each title. 212...... 52627 Presidential Documents 3 CFR 240...... 52627 Executive orders and proclamations 523–5227 Proclamations: The United States Government Manual 523–5227 7582...... 53723 9 CFR Executive Orders: Other Services 77...... 50791 12722 (See Notice of 93...... 52393 Electronic and on-line services (voice) 523–3447 July 30, 2002) ...... 50341 121...... 52383 12724 (See Notice of Privacy Act Compilation 523–3187 Proposed Rules: July 30, 2002) ...... 50341 Public Laws Update Service (numbers, dates, etc.) 523–6641 112...... 49891 12866 (See 13272)...... 53461 TTY for the deaf-and-hard-of-hearing 523–5229 113...... 49891, 50606 13272...... 53461 Administrative Orders: 10 CFR ELECTRONIC RESEARCH Notices: 852...... 52841 World Wide Web Notice of July 30, Proposed Rules: 2002 ...... 50341 7...... 51501 Full text of the daily Federal Register, CFR and other publications Presidential is located at: http://www.access.gpo.gov/nara 50...... 50374, 51783 Determinations: 52...... 50374 Federal Register information and research tools, including Public No. 2002–26 of July Inspection List, indexes, and links to GPO Access are located at: 17, 2002 ...... 50343 11 CFR http://www.nara.gov/fedreg No. 2002–27 of August 100...... 50582, 51131 7, 2002 ...... 53725 E-mail 104...... 51131 5 CFR 105...... 51131 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 114...... 51131 an open e-mail service that provides subscribers with a digital 451...... 52595 form of the Federal Register Table of Contents. The digital form 532...... 49855 12 CFR of the Federal Register Table of Contents includes HTML and 2634...... 49856 563b...... 52010 PDF links to the full text of each document. Proposed Rules: 574...... 52010 532...... 49878, 49879 To join or leave, go to http://listserv.access.gpo.gov and select 575...... 52010 Online mailing list archives, FEDREGTOC-L, Join or leave the list 7 CFR 13 CFR (or change settings); then follow the instructions. 301...... 51459, 52383 121...... 52527 319...... 53727 PENS (Public Law Electronic Notification Service) is an e-mail Proposed Rules: 331...... 52383 service that notifies subscribers of recently enacted laws. 121...... 50383, 52633 457...... 52841 To subscribe, go to http://hydra.gsa.gov/archives/publaws-l.html 735...... 50778 and select Join or leave the list (or change settings); then follow 14 CFR 736...... 50778 23...... 52857, 52858 the instructions. 737...... 50778 25...... 53463 FEDREGTOC-L and PENS are mailing lists only. We cannot 738...... 50778 39 ...... 49858, 49859, 49861, respond to specific inquiries. 739...... 50778 50345, 50347, 50764, 50791, 740...... 50778 Reference questions. Send questions and comments about the 50793, 50799, 51065, 51068, Federal Register system to: [email protected] 741...... 50778 742...... 50778 51069, 51459, 52394, 52396, The Federal Register staff cannot interpret specific documents or 916...... 53281 52398, 52401, 52404, 52858, regulations. 917...... 53281 52860, 53296, 53398, 53410, 928...... 50581 53422, 53434, 53465, 53467, 53469, 53471, 53473, 53475, FEDERAL REGISTER PAGES AND DATE, AUGUST 930...... 51700 967...... 53290 53478, 53480, 53731, 53733 49855–50342...... 1 987...... 53291 71 ...... 51070, 51071, 51072, 50343–50580...... 2 989...... 52390 51073, 51074, 53299, 53482 50581–50790...... 5 993...... 53293 Proposed Rules: 39 ...... 50383, 51147, 51785, 50791–51064...... 6 1160...... 49857 51787, 51789, 51791, 51794, 51065–51458...... 7 Proposed Rules: 245...... 51779 51797, 52894, 52896, 52898, 51459–51750...... 8 319...... 52893, 53844 52899, 53523, 53525, 53527, 51751–52382...... 9 322...... 53844 53529, 53761, 53763 52383–52594...... 12 701...... 49879 71 ...... 51149, 53531, 53533, 52595–52840...... 13 920...... 53322 53534, 53535, 53536, 53537, 52841–53280...... 14 1001...... 49887, 53522 53538 53281–53460...... 15 8 CFR 15 CFR 53461–53722...... 16 53723–53872...... 19 214...... 52584 774...... 50348 264...... 52584 902...... 50292, 51074 Proposed Rules: Proposed Rules: 3...... 52627 930...... 51800
VerDate Aug 2, 2002 18:40 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00001 Fmt 4712 Sfmt 4712 E:\FR\FM\19AUCU.LOC pfrm15 PsN: 19AUCU ii Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Reader Aids
17 CFR 26 CFR 673...... 51720 410...... 52092 41...... 53146 1...... 49862, 52862 674...... 51036 419...... 52092 242...... 53146 301...... 49862 675...... 51720 Proposed Rules: 682...... 51036, 51720 Proposed Rules: Proposed Rules: 405...... 53644 1...... 52641 1 ...... 49892, 50386, 50510, 685...... 51036, 51720 410...... 53644 15...... 50608 50840, 53327, 53644 690...... 51720 419...... 53644 694...... 51720 190...... 52641 31...... 50386 44 CFR 230...... 50326 41...... 53539 36 CFR 232...... 51508 48...... 53539 62...... 51768 240...... 50326, 51508 145...... 53539 242...... 50597 64...... 50817 242...... 51510 301...... 50840 Proposed Rules: 65 ...... 50362, 53745, 53747 249...... 51508 61...... 52532 67...... 53750 27 CFR 242...... 50619 Proposed Rules: 18 CFR Proposed Rules: 67...... 53766, 53767 9...... 51156 38 CFR 375...... 52406 45 CFR 385...... 52410 9...... 52413 28 CFR 390...... 52406 160...... 53182 39 CFR Proposed Rules: 16 ...... 51754, 51755, 51756 164...... 53182 2...... 51516 79...... 51422 111...... 53454 Proposed Rules: 101...... 51150 542...... 50804 927...... 50353 13...... 52696 Proposed Rules: Proposed Rules: 201...... 51150 46 CFR 352...... 51150 79...... 51440 111...... 53328 Proposed Rules: 19 CFR 29 CFR 40 CFR 7...... 52906 4...... 52861 1626...... 52431 19...... 53743 28...... 52906 102...... 51751 1910...... 51524 27...... 53743 67...... 51804 122...... 51928 1926...... 50610 51...... 50600 221...... 50406 177...... 53483 4022...... 53307 52 ...... 50602, 51461, 51763, 4044...... 53307 47 CFR Proposed Rules: 52414, 52416, 52611, 52615, 4...... 51519 Proposed Rules: 53312, 53314 25 ...... 51105, 51110, 53508 12...... 51800 1926...... 53644 63...... 52616 54...... 50602 113...... 51519 72...... 53503 73 ...... 50603, 50819, 50820, 30 CFR 75...... 53503 50821, 50822, 51115, 51769, 21 CFR 250...... 51757 81...... 50805 52873, 52874, 52875, 52876, 52877, 52878, 53752 5...... 53305 Proposed Rules: 86...... 51464 74...... 53754 16...... 53305 915...... 52659, 52662 93...... 50808 78...... 53754 510 ...... 50802, 51079, 51080 917...... 53539 180 ...... 50354, 51083, 51088, 100...... 51110 520...... 50596, 51080 943...... 52664 51097, 51102, 52866, 53505 529...... 51079 948...... 53542 260...... 52617 Proposed Rules: 271...... 51478, 51765 25...... 53551 558...... 51080, 51081 33 CFR 1301...... 51988 272...... 49864 73 ...... 50850, 50851, 50852, 6...... 51082 281...... 53743 52920, 52921, 52922, 52923, Proposed Rules: 100...... 53308, 53735 300 ...... 53317, 53506, 53507 52924, 52925, 53769 5...... 53324 117...... 50349, 51761 16...... 53324 Proposed Rules: 125...... 51082 48 CFR 201...... 52429 49...... 51802 160...... 53735 1804...... 50823 872...... 52901 51...... 51525 161...... 53740 52 ...... 49895, 49897, 50391, 1813...... 50823 22 CFR 165 ...... 50351, 51083, 51761, 50847, 51527, 51803, 52433, 1815...... 50823 52606, 52607, 52609, 52864, 52665, 52666, 52913, 53329, 1819...... 50824 41...... 50349 53310, 53499, 53501 53765 1825...... 50823 42...... 51752 167...... 53740 55...... 53546 1852...... 50823 196...... 50802 Proposed Rules: 63 ...... 51928, 52674, 52780 49 CFR 23 CFR Ch. I ...... 50840 81...... 52666 2...... 52906 85...... 51402 1...... 52418 Proposed Rules: 26...... 52906 86 ...... 51402, 52696, 53060 107...... 51626 450...... 53326 62...... 52906 90...... 53050 171...... 51626, 53118 630...... 51802 64...... 52906 122...... 51527 172...... 51626, 53118 173...... 51626, 53118 24 CFR 95...... 52906 194 ...... 51930, 53330, 53331 100...... 52906 262...... 52674 177...... 51626, 53118 5...... 53450 117 ...... 50842, 50842, 51157 271...... 51803 178...... 51626, 53118 200...... 52378 120...... 52906 272...... 49900 179...... 51626 202...... 53450 148...... 53764 300 ...... 51528, 52918, 53332 180...... 51626 203...... 52378 149...... 53764 403...... 52674 192...... 50824 903...... 51030 150...... 53764 450...... 51527 393...... 51770, 53048 3284...... 52832 155...... 51159 1045...... 53050 1503...... 51480 Proposed Rules: 165...... 50846, 52906 1051...... 53050 541...... 53756 236...... 52526 334...... 50389, 50390 1068...... 53050 Proposed Rules: 902...... 53276 385...... 50340 571...... 51928 903...... 53276 42 CFR 594...... 53552 34 CFR 985...... 53276 405...... 49982 222...... 53680 412...... 49982 50 CFR 25 CFR Proposed Rules: 413...... 49982 17 ...... 51116, 52419, 52420, 39...... 52828 200...... 50986 485...... 49982 52879 Proposed Rules: 600...... 51720 68d...... 50622 92...... 53511 170...... 51328 668...... 51036, 51720 405...... 52092 216...... 49869
VerDate Aug 2, 2002 18:40 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00002 Fmt 4712 Sfmt 4712 E:\FR\FM\19AUCU.LOC pfrm15 PsN: 19AUCU Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Reader Aids iii
622...... 50367, 51074 52891, 52892 Proposed Rules: 226...... 51530 648 ...... 50292, 50368, 50604, 679 ...... 49877, 50604, 51129, 17 ...... 50626, 51530, 51948, 600...... 52926, 52927 53520 51130, 51499, 53321 53396 622...... 53769, 53771 660 ...... 49875, 50835, 52889, 20...... 53690 660...... 52928, 52929 100...... 50619
VerDate Aug 2, 2002 18:40 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00003 Fmt 4712 Sfmt 4712 E:\FR\FM\19AUCU.LOC pfrm15 PsN: 19AUCU iv Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Reader Aids
REMINDERS Government to non- Commercial shark The items in this list were government use; COMMENTS DUE NEXT management measures; editorially compiled as an aid reallocation; published 6- WEEK comments due by 8-27- to Federal Register users. 20-02 02; published 5-29-02 Radio stations; table of [FR 02-13407] Inclusion or exclusion from AGRICULTURE assignments: Magnuson-Stevens Act this list has no legal DEPARTMENT significance. Arkansas; published 7-16-02 provisions— Missouri; published 7-16-02 Agricultural Marketing Service Domestic fisheries; Oklahoma; published 7-16- exempted fishing permit RULES GOING INTO 02 Egg, poultry, and rabbit applications; comments EFFECT AUGUST 19, Texas; published 7-16-02 products; inspection and due by 8-29-02; grading: 2002 HOUSING AND URBAN published 8-14-02 [FR Fees and charges increase; DEVELOPMENT 02-20652] comments due by 8-26- DEPARTMENT Domestic fisheries; AGRICULTURE 02; published 7-26-02 [FR Federal claims collection: exempted fishing permit DEPARTMENT 02-18922] Agricultural Marketing Administrative wage applications; comments AGRICULTURE Service garnishment; published 7- due by 8-29-02; DEPARTMENT published 8-14-02 [FR Raisins produced from grapes 18-02 Animal and Plant Health 02-20657] grown in— Low income housing: Inspection Service West Coast States and California; published 7-19-02 Temporary Assistance for Needy Families Program; Exportation and importation of Western Pacific AGRICULTURE annual income animals and animal fisheries— DEPARTMENT requirements; published 7- products; West Coast salmon; Food and Nutrition Service 18-02 Bovine spongiform comments due by 8-29- Food Stamp Program: INTERIOR DEPARTMENT encephalopathy; disease 02; published 8-14-02 Balanced Budget Act of Indian Affairs Bureau status change— [FR 02-20653] 1997; implementation; and Education: Poland; comments due by West Coast salmon; Personal Responsibility Indian School Equalization 8-30-02; published 7-1- comments due by 8-29- and Work Opportunity Program; published 8-13- 02 [FR 02-16422] 02; published 8-14-02 Reconciliation Act of 02 Exportation and importation of [FR 02-20656] 1996; implementation— animals and animal TRANSPORTATION West Coast salmon; products: Time-limit extensions and DEPARTMENT comments due by 8-29- employment and Federal Aviation Standards for permanent, 02; published 8-14-02 training programs; and Administration privately owned horse [FR 02-20661] work provisions; quarantine facilities; Airworthiness directives: Marine mammals: published 6-19-02 comments due by 8-30- Bell; published 8-2-02 Taking and importation— COMMERCE DEPARTMENT 02; published 7-1-02 [FR TRANSPORTATION 02-16337] Eastern North Pacific National Oceanic and DEPARTMENT Southern Resident killer Atmospheric Administration AGRICULTURE Federal Highway DEPARTMENT whales; comments due Fishery conservation and Administration by 8-30-02; published Federal Crop Insurance management: Transportation Equity Act for 7-1-02 [FR 02-16528] Corporation Caribbean, Gulf of Mexico, 21st Century; DEFENSE DEPARTMENT and South Atlantic implementation: Crop insurance regulations: Federal Acquisition Regulation fisheries— Small grains and rapeseed Planning and research (FAR): Tortugas Marine Reserves program administration; crop insurance provisions; Individuals with disabilities; establishment; published published 7-18-02 comments due by 8-27- Section 508 contract 7-19-02 TRANSPORTATION 02; published 6-28-02 [FR 02-16482] clauses; comments due ENVIRONMENTAL DEPARTMENT COMMERCE DEPARTMENT by 8-26-02; published 6- PROTECTION AGENCY National Highway Traffic 27-02 [FR 02-15976] Safety Administration National Oceanic and Air quality implementation ENVIRONMENTAL Anthropomorphic test Atmospheric Administration plans; approval and PROTECTION AGENCY promulgation; various dummies: Endangered and threatened States: Occupant crash protection— species: Air quality implementation plans; √A√approval and Louisiana; published 6-20-02 Hybrid III test dummies; Findings on petitions, etc.— 6-year-old child dummy; promulgation; various Civil monetary penalties; Pacific salmon and States; air quality planning inflation adjustment design and performance steelhead; 16 specifications; response purposes; designation of Withdrawn; published 8-19- evolutionarily significant to reconsideration areas: 02 units; comments due by petitions; published 7- 8-26-02; published 7-25- Minnesota; comments due Superfund program: 18-02 02 [FR 02-18861] by 8-26-02; published 7- 26-02 [FR 02-18865] National oil and hazardous Fishery conservation and substances contingency RULES GOING INTO management: Air quality implementation plan— EFFECT AUGUST 19, Alaska; fisheries of plans; approval and National priorities list 2002 Exclusive Economic promulgation; various update; published 8-16- Zone— States: 02 TRANSPORTATION Electronic reporting Louisiana; comments due by FEDERAL DEPARTMENT requirements; comments 8-30-02; published 7-31- 02 [FR 02-19320] COMMUNICATIONS Transportation Security due by 8-26-02; COMMISSION Administration published 7-25-02 [FR FEDERAL Common carrier services: Private charter passenger 02-18862] COMMUNICATIONS 27 MHz of electromagnetic aircraft; security rules; Atlantic highly migratory COMMISSION spectrum transferred from published 6-19-02 species— Common carrier services:
VerDate Aug 2, 2002 18:40 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00004 Fmt 4712 Sfmt 4711 E:\FR\FM\19AUCU.LOC pfrm15 PsN: 19AUCU Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Reader Aids v
Satellite communications— Importation, exportation, and due by 8-30-02; Eurocopter Deutschland Multichannel video transportation of wildlife published 7-1-02 [FR GmbH; comments due by distribution and data Injurious wildlife— 02-16087] 8-27-02; published 6-28- service in 12 GHz Snakeheads (family NUCLEAR REGULATORY 02 [FR 02-16056] band; technical, service, Channidae); comments COMMISSION McDonnell Douglas; and licensing rules; due by 8-26-02; Practice and procedure: comments due by 8-26- comments due by 8-26- published 7-26-02 [FR National security related 02; published 8-19-02 [FR 02; published 6-26-02 02-19016] proceedings; contested 02-20932] [FR 02-15779] Migratory bird hunting: hearings; cost recovery; Teledyne Continental Digital television stations; table Motors; comments due by Seasons, limits, and comments due by 8-30- of assignments: 02; published 7-31-02 [FR 8-26-02; published 6-27- shooting hours; 02 [FR 02-16174] West Virginia; comments establishment, etc.; 02-19198] Vulcanair S.p.A.; comments due by 8-26-02; published comments due by 8-30- Rulemaking petitions: due by 8-26-02; published 7-12-02 [FR 02-17486] 02; published 8-16-02 [FR Performance Technology; 7-15-02 [FR 02-17601] FEDERAL ELECTION 02-20713] comments due by 8-27- COMMISSION 02; published 6-13-02 [FR Class D airspace; comments INTERIOR DEPARTMENT due by 8-30-02; published Bipartisan Campaign Reform 02-14906] Surface Mining Reclamation 7-16-02 [FR 02-17735] Act; implementation: POSTAL SERVICE and Enforcement Office Class E airspace; comments Electioneering Domestic Mail Manual: Permanent program and due by 8-30-02; published communications; Move update and address abandoned mine land 7-16-02 [FR 02-17736] comments due by 8-29- matching requirements; reclamation plan 02; published 8-7-02 [FR changes; comments due TRANSPORTATION submissions: 02-19996] by 8-29-02; published 5- DEPARTMENT Texas; comments due by 8- National Highway Traffic GENERAL SERVICES 31-02 [FR 02-13712] 28-02; published 8-13-02 Safety Administration ADMINISTRATION SECURITIES AND [FR 02-20466] Anthropomorphic test devices: Federal Acquisition Regulation EXCHANGE COMMISSION JUSTICE DEPARTMENT Occupant crash protection— (FAR): Securities: - Individuals with disabilities; Immigration and Form 8-K disclosure Hybrid III test dummies; Section 508 contract Naturalization Service requirements and filing fifth percentile female clauses; comments due Immigration: date acceleration; adult dummy; design by 8-26-02; published 6- Address notification to be comments due by 8-26- and performance 27-02 [FR 02-15976] filed with designated 02; published 6-25-02 [FR specifications; response applications; comments 02-15706] HEALTH AND HUMAN to reconsideration due by 8-26-02; published TRANSPORTATION SERVICES DEPARTMENT petitions; comments due 7-26-02 [FR 02-18896] DEPARTMENT Centers for Medicare & by 8-29-02; published Medicaid Services LABOR DEPARTMENT Coast Guard 7-15-02 [FR 02-15285] Medicare and medicaid: Occupational Safety and Ports and waterways safety: Motor vehicle safety Physician fee schedule; Health Administration Boston Marine Inspection standards: and Captain of Port practice expense survey Occupational injuries and Defect and noncompliance— Zones, MA; liquified data criteria for illnesses; recording and Recalled tires disposition; natural gas carrier transits submssion; comments due reporting requirements comments due by 8-26- and anchorage operations; by 8-27-02; published 6- 02; published 7-26-02 Effective date delay; safety and security zones; 28-02 [FR 02-16332] [FR 02-18996] comments request; comments due by 8-26- Medicare: comments due by 8-30- 02; published 7-26-02 [FR Motor vehicle theft prevention Physician fee schedule 02; published 7-1-02 [FR 02-18920] standard: (2003 CY); payment 02-16393] Kill Van Kull Channel et al., Parts marking requirements; policies and relative value NATIONAL AERONAUTICS NY and NJ; regulated extension; comments due unit adjustments; AND SPACE navigation area; by 8-26-02; published 6- comments due by 8-27- ADMINISTRATION comments due by 8-26- 26-02 [FR 02-15903] 02; published 6-28-02 [FR Federal Acquisition Regulation 02; published 6-25-02 [FR TREASURY DEPARTMENT 02-16146] (FAR): 02-15967] Alcohol, Tobacco and HOUSING AND URBAN Individuals with disabilities; TRANSPORTATION Firearms Bureau DEVELOPMENT Section 508 contract DEPARTMENT Alcoholic beverages: DEPARTMENT clauses; comments due Federal Aviation Malt beverages; labeling Environmental review by 8-26-02; published 6- Administration and advertising; procedures for entities 27-02 [FR 02-15976] Airworthiness directives: comments due by 8-26- assuming HUD’s 02; published 6-27-02 [FR NATIONAL ARCHIVES AND Air Tractor, Inc.; comments environmental 02-16026] due by 8-26-02; published responsibilities; comments RECORDS ADMINISTRATION 6-28-02 [FR 02-16309] TREASURY DEPARTMENT due by 8-26-02; published Records management: Bell; comments due by 8- Customs Service 6-26-02 [FR 02-15881] Electronic records; Air commerce: expanding transfer 27-02; published 6-28-02 INTERIOR DEPARTMENT Passenger name record options; comments due by [FR 02-16311] Fish and Wildlife Service information required for 8-26-02; published 6-26- Boeing; comments due by passengers on flights in Endangered and threatened 02 [FR 02-16047] 8-26-02; published 7-12- species: 02 [FR 02-17549] foreign air transportation NATIONAL CREDIT UNION Critical habitat designation— British Aerospace; to or from United States; ADMINISTRATION Abutilon eremitopetalum comments due by 8-30- comments due by 8-26- etc. (32 plant species Credit unions: 02; published 7-31-02 [FR 02; published 6-25-02 [FR from Lanai, HI); Investment and deposit 02-19255] 02-15935] comments due by 8-30- activities— Cessna; comments due by TREASURY DEPARTMENT 02; published 7-15-02 Revisions and 8-28-02; published 6-26- Internal Revenue Service [FR 02-17745] clarifications; comments 02 [FR 02-15804] Income taxes:
VerDate Aug 2, 2002 18:40 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00005 Fmt 4712 Sfmt 4711 E:\FR\FM\19AUCU.LOC pfrm15 PsN: 19AUCU vi Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Reader Aids
Cost recovery (deductions) have become Federal laws. It available on the Internet from enacted public laws. To under income forecast may be used in conjunction GPO Access at http:// subscribe, go to http:// method of depreciation; with ‘‘PLUS’’ (Public Laws www.access.gpo.gov/nara/ hydra.gsa.gov/archives/ guidance; comments due Update Service) on 202–523– nara005.html. Some laws may publaws-l.html or send E-mail by 8-29-02; published 5- 6641. This list is also not yet be available. to [email protected] 31-02 [FR 02-13578] available online at http:// with the following text Insurance companies; sale www.nara.gov/fedreg/ H.R. 3009/P.L. 107–210 message: or acquisition of assets plawcurr.html. Trade Act of 2002 (Aug. 6, under section 338; public 2002; 116 Stat. 933) The text of laws is not SUBSCRIBE PUBLAWS-L hearing; comments due Last List August 9, 2002 published in the Federal Your Name. by 8-28-02; published 3-8- Register but may be ordered 02 [FR 02-05485] in ‘‘slip law’’ (individual Public Laws Electronic Note: This service is strictly pamphlet) form from the Notification Service for E-mail notification of new LIST OF PUBLIC LAWS Superintendent of Documents, laws. The text of laws is not U.S. Government Printing (PENS) available through this service. This is a continuing list of Office, Washington, DC 20402 PENS cannot respond to public bills from the current (phone, 202–512–1808). The PENS is a free electronic mail specific inquiries sent to this session of Congress which text will also be made notification service of newly address.
VerDate Aug 2, 2002 18:40 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00006 Fmt 4712 Sfmt 4711 E:\FR\FM\19AUCU.LOC pfrm15 PsN: 19AUCU Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Reader Aids vii
CFR CHECKLIST Title Stock Number Price Revision Date 14 Parts: 1–59 ...... (869–048–00037–2) ...... 60.00 Jan. 1, 2002 This checklist, prepared by the Office of the Federal Register, is 60–139 ...... (869–048–00038–1) ...... 58.00 Jan. 1, 2002 published weekly. It is arranged in the order of CFR titles, stock 140–199 ...... (869–048–00039–9) ...... 29.00 Jan. 1, 2002 numbers, prices, and revision dates. 200–1199 ...... (869–048–00040–2) ...... 47.00 Jan. 1, 2002 An asterisk (*) precedes each entry that has been issued since last 1200–End ...... (869–048–00041–1) ...... 41.00 Jan. 1, 2002 week and which is now available for sale at the Government Printing 15 Parts: Office. 0–299 ...... (869–048–00042–9) ...... 37.00 Jan. 1, 2002 A checklist of current CFR volumes comprising a complete CFR set, 300–799 ...... (869–048–00043–7) ...... 58.00 Jan. 1, 2002 also appears in the latest issue of the LSA (List of CFR Sections 800–End ...... (869–048–00044–5) ...... 40.00 Jan. 1, 2002 Affected), which is revised monthly. 16 Parts: The CFR is available free on-line through the Government Printing 0–999 ...... (869–048–00045–3) ...... 47.00 Jan. 1, 2002 Office’s GPO Access Service at http://www.access.gpo.gov/nara/cfr/ 1000–End ...... (869–048–00046–1) ...... 57.00 Jan. 1, 2002 index.html. For information about GPO Access call the GPO User Support Team at 1-888-293-6498 (toll free) or 202-512-1530. 17 Parts: 1–199 ...... (869–048–00048–8) ...... 47.00 Apr. 1, 2002 The annual rate for subscription to all revised paper volumes is 200–239 ...... (869–048–00049–6) ...... 55.00 Apr. 1, 2002 $1195.00 domestic, $298.75 additional for foreign mailing. 240–End ...... (869–048–00050–0) ...... 59.00 Apr. 1, 2002 Mail orders to the Superintendent of Documents, Attn: New Orders, 18 Parts: P.O. Box 371954, Pittsburgh, PA 15250–7954. All orders must be 1–399 ...... (869–048–00051–8) ...... 59.00 Apr. 1, 2002 accompanied by remittance (check, money order, GPO Deposit 400–End ...... (869–048–00052–6) ...... 24.00 Apr. 1, 2002 Account, VISA, Master Card, or Discover). Charge orders may be telephoned to the GPO Order Desk, Monday through Friday, at (202) 19 Parts: 512–1800 from 8:00 a.m. to 4:00 p.m. eastern time, or FAX your 1–140 ...... (869–048–00053–4) ...... 57.00 Apr. 1, 2002 charge orders to (202) 512-2250. 141–199 ...... (869–048–00054–2) ...... 56.00 Apr. 1, 2002 200–End ...... (869–048–00055–1) ...... 29.00 Apr. 1, 2002 Title Stock Number Price Revision Date 20 Parts: 1, 2 (2 Reserved) ...... (869–048–00001–1) ...... 9.00 Jan. 1, 2002 1–399 ...... (869–048–00056–9) ...... 47.00 Apr. 1, 2002 3 (1997 Compilation 400–499 ...... (869–048–00057–7) ...... 60.00 Apr. 1, 2002 and Parts 100 and 500–End ...... (869–048–00058–5) ...... 60.00 Apr. 1, 2002 1 101) ...... (869–048–00002–0) ...... 59.00 Jan. 1, 2002 21 Parts: 4 ...... (869–048–00003–8) ...... 9.00 4 Jan. 1, 2002 1–99 ...... (869–048–00059–3) ...... 39.00 Apr. 1, 2002 100–169 ...... (869–048–00060–7) ...... 46.00 Apr. 1, 2002 5 Parts: 170–199 ...... (869–048–00061–5) ...... 47.00 Apr. 1, 2002 1–699 ...... (869–048–00004–6) ...... 57.00 Jan. 1, 2002 200–299 ...... (869–048–00062–3) ...... 16.00 Apr. 1, 2002 700–1199 ...... (869–048–00005–4) ...... 47.00 Jan. 1, 2002 300–499 ...... (869–048–00063–1) ...... 29.00 Apr. 1, 2002 1200–End, 6 (6 500–599 ...... (869–048–00064–0) ...... 46.00 Apr. 1, 2002 Reserved) ...... (869–048–00006–2) ...... 58.00 Jan. 1, 2002 600–799 ...... (869–048–00065–8) ...... 16.00 Apr. 1, 2002 7 Parts: 800–1299 ...... (869–048–00066–6) ...... 56.00 Apr. 1, 2002 1–26 ...... (869–048–00001–1) ...... 41.00 Jan. 1, 2002 1300–End ...... (869–048–00067–4) ...... 22.00 Apr. 1, 2002 27–52 ...... (869–048–00008–9) ...... 47.00 Jan. 1, 2002 22 Parts: 53–209 ...... (869–048–00009–7) ...... 36.00 Jan. 1, 2002 1–299 ...... (869–048–00068–2) ...... 59.00 Apr. 1, 2002 210–299 ...... (869–048–00010–1) ...... 59.00 Jan. 1, 2002 300–End ...... (869–048–00069–1) ...... 43.00 Apr. 1, 2002 300–399 ...... (869–048–00011–9) ...... 42.00 Jan. 1, 2002 400–699 ...... (869–048–00012–7) ...... 57.00 Jan. 1, 2002 23 ...... (869–048–00070–4) ...... 40.00 Apr. 1, 2002 700–899 ...... (869–048–00013–5) ...... 54.00 Jan. 1, 2002 24 Parts: 900–999 ...... (869–048–00014–3) ...... 58.00 Jan. 1, 2002 0–199 ...... (869–048–00071–2) ...... 57.00 Apr. 1, 2002 1000–1199 ...... (869–048–00015–1) ...... 25.00 Jan. 1, 2002 200–499 ...... (869–048–00072–1) ...... 47.00 Apr. 1, 2002 1200–1599 ...... (869–048–00016–0) ...... 58.00 Jan. 1, 2002 500–699 ...... (869–048–00073–9) ...... 29.00 Apr. 1, 2002 1600–1899 ...... (869–048–00017–8) ...... 61.00 Jan. 1, 2002 700–1699 ...... (869–048–00074–7) ...... 58.00 Apr. 1, 2002 1900–1939 ...... (869–048–00018–6) ...... 29.00 Jan. 1, 2002 1700–End ...... (869–048–00075–5) ...... 29.00 Apr. 1, 2002 1940–1949 ...... (869–048–00019–4) ...... 53.00 Jan. 1, 2002 25 ...... (869–048–00076–3) ...... 68.00 Apr. 1, 2002 1950–1999 ...... (869–048–00020–8) ...... 47.00 Jan. 1, 2002 2000–End ...... (869–048–00021–6) ...... 46.00 Jan. 1, 2002 26 Parts: §§ 1.0-1–1.60 ...... (869–048–00077–1) ...... 45.00 Apr. 1, 2002 8 ...... (869–048–00022–4) ...... 58.00 Jan. 1, 2002 §§ 1.61–1.169 ...... (869–044–00078–0) ...... 58.00 Apr. 1, 2002 9 Parts: §§ 1.170–1.300 ...... (869–048–00079–8) ...... 55.00 Apr. 1, 2002 1–199 ...... (869–048–00023–2) ...... 58.00 Jan. 1, 2002 §§ 1.301–1.400 ...... (869–048–00080–1) ...... 44.00 Apr. 1, 2002 200–End ...... (869–048–00024–1) ...... 56.00 Jan. 1, 2002 §§ 1.401–1.440 ...... (869–048–00081–0) ...... 60.00 Apr. 1, 2002 §§ 1.441-1.500 ...... (869-048-00082-8) ...... 47.00 Apr. 1, 2002 10 Parts: §§ 1.501–1.640 ...... (869–044–00083–1) ...... 44.00 Apr. 1, 2001 1–50 ...... (869–048–00025–4) ...... 58.00 Jan. 1, 2002 §§ 1.641–1.850 ...... (869–048–00084–4) ...... 57.00 Apr. 1, 2002 51–199 ...... (869–048–00026–7) ...... 56.00 Jan. 1, 2002 §§ 1.851–1.907 ...... (869–048–00085–2) ...... 57.00 Apr. 1, 2002 200–499 ...... (869–048–00027–5) ...... 44.00 Jan. 1, 2002 §§ 1.908–1.1000 ...... (869–048–00086–1) ...... 56.00 Apr. 1, 2002 500–End ...... (869–048–00028–3) ...... 58.00 Jan. 1, 2002 §§ 1.1001–1.1400 ...... (869–048–00087–9) ...... 58.00 Apr. 1, 2002 11 ...... (869–048–00029–1) ...... 34.00 Jan. 1, 2002 §§ 1.1401–End ...... (869–048–00088–7) ...... 61.00 Apr. 1, 2002 2–29 ...... (869–048–00089–5) ...... 57.00 Apr. 1, 2002 12 Parts: 30–39 ...... (869–048–00090–9) ...... 39.00 Apr. 1, 2002 1–199 ...... (869–048–00030–5) ...... 30.00 Jan. 1, 2002 40–49 ...... (869–048–00091–7) ...... 26.00 Apr. 1, 2002 200–219 ...... (869–048–00031–3) ...... 36.00 Jan. 1, 2002 50–299 ...... (869–048–00092–5) ...... 38.00 Apr. 1, 2002 220–299 ...... (869–048–00032–1) ...... 58.00 Jan. 1, 2002 300–499 ...... (869–048–00093–3) ...... 57.00 Apr. 1, 2002 300–499 ...... (869–048–00033–0) ...... 45.00 Jan. 1, 2002 500–599 ...... (869–044–00094–6) ...... 12.00 5Apr. 1, 2001 500–599 ...... (869–048–00034–8) ...... 42.00 Jan. 1, 2002 600–End ...... (869–048–00095–0) ...... 16.00 Apr. 1, 2002 600–End ...... (869–048–00035–6) ...... 61.00 Jan. 1, 2002 27 Parts: 13 ...... (869–048–00036–4) ...... 47.00 Jan. 1, 2002 1–199 ...... (869–048–00096–8) ...... 61.00 Apr. 1, 2002
VerDate Aug 2, 2002 18:42 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00001 Fmt 4721 Sfmt 4721 E:\FR\FM\19AUCL.LOC pfrm15 PsN: 19AUCL viii Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Reader Aids
Title Stock Number Price Revision Date Title Stock Number Price Revision Date 200–End ...... (869–048–00097–6) ...... 13.00 Apr. 1, 2002 100–135 ...... (869–044–00151–9) ...... 38.00 July 1, 2001 ...... 28 Parts: ...... 136–149 (869–044–00152–7) 55.00 July 1, 2001 150–189 ...... 0-42 ...... (869–044–00098–9) ...... 55.00 July 1, 2001 (869–044–00153–5) 52.00 July 1, 2001 190–259 ...... (869–044–00154–3) ...... 34.00 July 1, 2001 43-end ...... (869-044-00099-7) ...... 50.00 July 1, 2001 260–265 ...... (869–044–00155–1) ...... 45.00 July 1, 2001 29 Parts: 266–299 ...... (869–044–00156–0) ...... 45.00 July 1, 2001 0–99 ...... (869–044–00100–4) ...... 45.00 July 1, 2001 300–399 ...... (869–044–00157–8) ...... 41.00 July 1, 2001 100–499 ...... (869–044–00101–2) ...... 14.00 6July 1, 2001 400–424 ...... (869–044–00158–6) ...... 51.00 July 1, 2001 500–899 ...... (869–044–00102–1) ...... 47.00 6July 1, 2001 425–699 ...... (869–044–00159–4) ...... 55.00 July 1, 2001 900–1899 ...... (869–044–00103–9) ...... 33.00 July 1, 2001 700–789 ...... (869–044–00160–8) ...... 55.00 July 1, 2001 1900–1910 (§§ 1900 to 790–End ...... (869–044–00161–6) ...... 44.00 July 1, 2001 1910.999) ...... (869–044–00104–7) ...... 55.00 July 1, 2001 41 Chapters: 1910 (§§ 1910.1000 to 1, 1–1 to 1–10 ...... 13.00 3 July 1, 1984 end) ...... (869–044–00105–5) ...... 42.00 July 1, 2001 3 6 1, 1–11 to Appendix, 2 (2 Reserved) ...... 13.00 July 1, 1984 1911–1925 ...... (869–044–00106–3) ...... 20.00 July 1, 2001 3–6 ...... 14.00 3 July 1, 1984 1926 ...... (869–044–00107–1) ...... 45.00 July 1, 2001 7 ...... 6.00 3 July 1, 1984 1927–End ...... (869–044–00108–0) ...... 55.00 July 1, 2001 8 ...... 4.50 3 July 1, 1984 30 Parts: 9 ...... 13.00 3 July 1, 1984 1–199 ...... (869–044–00109–8) ...... 52.00 July 1, 2001 10–17 ...... 9.50 3 July 1, 1984 200–699 ...... (869–044–00110–1) ...... 45.00 July 1, 2001 18, Vol. I, Parts 1–5 ...... 13.00 3 July 1, 1984 700–End ...... (869–044–00111–7) ...... 53.00 July 1, 2001 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 ...... (869–044–00112–8) ...... 32.00 July 1, 2001 1–100 ...... (869–044–00162–4) ...... 22.00 July 1, 2001 200–End ...... (869–044–00113–6) ...... 56.00 July 1, 2001 101 ...... (869–044–00163–2) ...... 45.00 July 1, 2001 32 Parts: 102–200 ...... (869–044–00164–1) ...... 33.00 July 1, 2001 1–39, Vol. I ...... 15.00 2 July 1, 1984 201–End ...... (869–044–00165–9) ...... 24.00 July 1, 2001 1–39, Vol. II ...... 19.00 2 July 1, 1984 1–39, Vol. III ...... 18.00 2 July 1, 1984 42 Parts: 1–190 ...... (869–044–00114–4) ...... 51.00 6July 1, 2001 1–399 ...... (869–044–00166–7) ...... 51.00 Oct. 1, 2001 ...... 191–399 ...... (869–044–00115–2) ...... 57.00 July 1, 2001 400–429 (869–044–00167–5) 59.00 Oct. 1, 2001 430–End ...... (869–044–00168–3) ...... 58.00 Oct. 1, 2001 400–629 ...... (869–044–00116–8) ...... 35.00 6July 1, 2001 630–699 ...... (869–044–00117–9) ...... 34.00 July 1, 2001 43 Parts: 700–799 ...... (869–044–00118–7) ...... 42.00 July 1, 2001 1–999 ...... (869–044–00169–1) ...... 45.00 Oct. 1, 2001 800–End ...... (869–044–00119–5) ...... 44.00 July 1, 2001 1000–end ...... (869–044–00170–5) ...... 56.00 Oct. 1, 2001 33 Parts: 44 ...... (869–044–00171–3) ...... 45.00 Oct. 1, 2001 1–124 ...... (869–044–00120–9) ...... 45.00 July 1, 2001 45 Parts: 125–199 ...... (869–044–00121–7) ...... 55.00 July 1, 2001 1–199 ...... (869–044–00172–1) ...... 53.00 Oct. 1, 2001 200–End ...... (869–044–00122–5) ...... 45.00 July 1, 2001 200–499 ...... (869–044–00173–0) ...... 31.00 Oct. 1, 2001 34 Parts: 500–1199 ...... (869–044–00174–8) ...... 45.00 Oct. 1, 2001 1–299 ...... (869–044–00123–3) ...... 43.00 July 1, 2001 1200–End ...... (869–044–00175–6) ...... 55.00 Oct. 1, 2001 300–399 ...... (869–044–00124–1) ...... 40.00 July 1, 2001 46 Parts: 400–End ...... (869–044–00125–0) ...... 56.00 July 1, 2001 1–40 ...... (869–044–00176–4) ...... 43.00 Oct. 1, 2001 35 ...... (869–044–00126–8) ...... 10.00 6July 1, 2001 41–69 ...... (869–044–00177–2) ...... 35.00 Oct. 1, 2001 70–89 ...... (869–044–00178–1) ...... 13.00 Oct. 1, 2001 36 Parts 90–139 ...... (869–044–00179–9) ...... 41.00 Oct. 1, 2001 ...... 1–199 (869–044–00127–6) 34.00 July 1, 2001 140–155 ...... (869–044–00180–2) ...... 24.00 Oct. 1, 2001 ...... 200–299 (869–044–00128–4) 33.00 July 1, 2001 156–165 ...... (869–044–00181–1) ...... 31.00 Oct. 1, 2001 ...... 300–End (869–044–00129–2) 55.00 July 1, 2001 166–199 ...... (869–044–00182–9) ...... 42.00 Oct. 1, 2001 37 ...... (869–044–00130–6) ...... 45.00 July 1, 2001 200–499 ...... (869–044–00183–7) ...... 36.00 Oct. 1, 2001 ...... 38 Parts: 500–End (869–044–00184–5) 23.00 Oct. 1, 2001 0–17 ...... (869–044–00131–4) ...... 53.00 July 1, 2001 47 Parts: 18–End ...... (869–044–00132–2) ...... 55.00 July 1, 2001 0–19 ...... (869–044–00185–3) ...... 55.00 Oct. 1, 2001 20–39 ...... (869–044–00186–1) ...... 43.00 Oct. 1, 2001 39 ...... (869–044–00133–1) ...... 37.00 July 1, 2001 40–69 ...... (869–044–00187–0) ...... 36.00 Oct. 1, 2001 40 Parts: 70–79 ...... (869–044–00188–8) ...... 58.00 Oct. 1, 2001 1–49 ...... (869–044–00134–9) ...... 54.00 July 1, 2001 80–End ...... (869–044–00189–6) ...... 55.00 Oct. 1, 2001 50–51 ...... (869–044–00135–7) ...... 38.00 July 1, 2001 48 Chapters: 52 (52.01–52.1018) ...... (869–044–00136–5) ...... 50.00 July 1, 2001 1 (Parts 1–51) ...... (869–044–00190–0) ...... 60.00 Oct. 1, 2001 52 (52.1019–End) ...... (869–044–00137–3) ...... 55.00 July 1, 2001 1 (Parts 52–99) ...... (869–044–00191–8) ...... 45.00 Oct. 1, 2001 53–59 ...... (869–044–00138–1) ...... 28.00 July 1, 2001 2 (Parts 201–299) ...... (869–044–00192–6) ...... 53.00 Oct. 1, 2001 60 (60.1–End) ...... (869–044–00139–0) ...... 53.00 July 1, 2001 3–6 ...... (869–044–00193–4) ...... 31.00 Oct. 1, 2001 60 (Apps) ...... (869–044–00140–3) ...... 51.00 July 1, 2001 7–14 ...... (869–044–00194–2) ...... 51.00 Oct. 1, 2001 61–62 ...... (869–044–00141–1) ...... 35.00 July 1, 2001 15–28 ...... (869–044–00195–1) ...... 53.00 Oct. 1, 2001 63 (63.1–63.599) ...... (869–044–00142–0) ...... 53.00 July 1, 2001 29–End ...... (869–044–00196–9) ...... 38.00 Oct. 1, 2001 63 (63.600–63.1199) ...... (869–044–00143–8) ...... 44.00 July 1, 2001 63 (63.1200-End) ...... (869–044–00144–6) ...... 56.00 July 1, 2001 49 Parts: 64–71 ...... (869–044–00145–4) ...... 26.00 July 1, 2001 1–99 ...... (869–044–00197–7) ...... 55.00 Oct. 1, 2001 72–80 ...... (869–044–00146–2) ...... 55.00 July 1, 2001 100–185 ...... (869–044–00198–5) ...... 60.00 Oct. 1, 2001 81–85 ...... (869–044–00147–1) ...... 45.00 July 1, 2001 186–199 ...... (869–044–00199–3) ...... 18.00 Oct. 1, 2001 86 (86.1–86.599–99) ...... (869–044–00148–9) ...... 52.00 July 1, 2001 200–399 ...... (869–044–00200–1) ...... 60.00 Oct. 1, 2001 86 (86.600–1–End) ...... (869–044–00149–7) ...... 45.00 July 1, 2001 400–999 ...... (869–044–00201–9) ...... 58.00 Oct. 1, 2001 87–99 ...... (869–044–00150–1) ...... 54.00 July 1, 2001 1000–1199 ...... (869–044–00202–7) ...... 26.00 Oct. 1, 2001
VerDate Aug 2, 2002 18:42 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00002 Fmt 4721 Sfmt 4721 E:\FR\FM\19AUCL.LOC pfrm15 PsN: 19AUCL Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Reader Aids ix
Title Stock Number Price Revision Date 1200–End ...... (869–044–00203–5) ...... 21.00 Oct. 1, 2001 50 Parts: 1–199 ...... (869–044–00204–3) ...... 63.00 Oct. 1, 2001 200–599 ...... (869–044–00205–1) ...... 36.00 Oct. 1, 2001 600–End ...... (869–044–00206–0) ...... 55.00 Oct. 1, 2001 CFR Index and Findings Aids ...... (869–044–00047–4) ...... 56.00 Jan. 1, 2001 Complete 2001 CFR set ...... 1,195.00 2001 Microfiche CFR Edition: Subscription (mailed as issued) ...... 298.00 2000 Individual copies ...... 2.00 2000 Complete set (one-time mailing) ...... 290.00 2000 Complete set (one-time mailing) ...... 247.00 1999 1 Because Title 3 is an annual compilation, this volume and all previous volumes should be retained as a permanent reference source. 2 The July 1, 1985 edition of 32 CFR Parts 1–189 contains a note only for Parts 1–39 inclusive. For the full text of the Defense Acquisition Regulations in Parts 1–39, consult the three CFR volumes issued as of July 1, 1984, containing those parts. 3 The July 1, 1985 edition of 41 CFR Chapters 1–100 contains a note only for Chapters 1 to 49 inclusive. For the full text of procurement regulations in Chapters 1 to 49, consult the eleven CFR volumes issued as of July 1, 1984 containing those chapters. 4 No amendments to this volume were promulgated during the period January 1, 2001, through January 1, 2002. The CFR volume issued as of January 1, 2001 should be retained. 5 No amendments to this volume were promulgated during the period April 1, 2000, through April 1, 2001. The CFR volume issued as of April 1, 2000 should be retained. 6 No amendments to this volume were promulgated during the period July 1, 2000, through July 1, 2001. The CFR volume issued as of July 1, 2000 should be retained.
VerDate Aug 2, 2002 18:42 Aug 16, 2002 Jkt 197001 PO 00000 Frm 00003 Fmt 4721 Sfmt 4721 E:\FR\FM\19AUCL.LOC pfrm15 PsN: 19AUCL