7–1–02 Monday Vol. 67 No. 126 July 1, 2002 Pages 44015–44347
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1 II Federal Register / Vol. 67, No. 126 / Monday, July 1, 2002
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2 III
Contents Federal Register Vol. 67, No. 126
Monday, July 1, 2002
Agricultural Marketing Service Engraving and Printing Bureau PROPOSED RULES NOTICES Apricots grown in— Agency information collection activities: Washington, 44095–44097 Proposed collection; comment request, 44264
Agriculture Department Environmental Protection Agency See Agricultural Marketing Service RULES See Animal and Plant Health Inspection Service Air quality implementation plans; approval and See Farm Service Agency promulgation; various States: See Forest Service California, 44062–44065 See National Agricultural Library See Risk Management Agency Maryland, 44061–44062 Utah, 44065–44069 Hazardous waste program authorizations: Animal and Plant Health Inspection Service Idaho, 44069–44073 RULES PROPOSED RULES Exportation and importation of animals and animal Air quality implementation plans; approval and products; promulgation; various States: Bovine spongiform encephalopathy; disease status California, 44127–44132 change— NOTICES Poland, 44016–44018 Agency information collection activities: PROPOSED RULES Proposed collection; comment request, 44196–44197 Exportation and importation of animals and animal Submission for OMB review; comment request, 44197– products: 44199 Standards for permanent, privately owned horse Meetings: quarantine facilities, 44097–44111 Environmental Policy and Technology National Advisory Council, 44199 Centers for Medicare & Medicaid Services Scientific Advisory Board, 44200 RULES Reports and guidance documents; availability, etc.: Medicare: Federal Agency Hazardous Waste Compliance Docket, Hospital inpatient rehabilitation facilities prospective 44200–44213 payment system; correction, 44073–44077 Superfund program: Toxic chemical release reporting; community-right-to- Coast Guard know RULES Collection activity; renewal information, 44213–44216 Ports and waterways safety: Cook Inlet, AK; security zone, 44057–44059 Georgetown Channel, Potomac River, DC; security zone, Farm Service Agency 44059–44061 RULES Program regulations: Guaranteed loans; collecting loss payments, 44015–44016 Commerce Department See Foreign-Trade Zones Board See International Trade Administration Federal Aviation Administration See National Oceanic and Atmospheric Administration RULES Airworthiness directives: Commodity Futures Trading Commission Air Tractor, Inc., 44024–44027 RULES de Havilland, 44028–44030 Commodity Exchange Act: Honeywell, Inc., 44030–44032 Fees for review of the rule enforcement programs of Airworthiness standards: contract markets and registered futures association, Special conditions— 44036–44037 Airbus Model A340-500 and 600 series airplanes, 44018–44024 Energy Department IFR altitudes, 44033–44036 See Federal Energy Regulatory Commission PROPOSED RULES NOTICES Airworthiness directives: Meetings: Boeing, 44116–44119 Basic Energy Sciences Advisory Committee, 44185 McDonnell Douglas, 44119–44124 Environmental Management Site-Specific Advisory Airworthiness standards: Board— Special conditions— Savanah River, SC, 44185–44186 Boeing Model 747-400 series airplanes, 44111–44116
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Federal Communications Commission Fiscal Service RULES NOTICES Common carrier services: Interest rates: Federal-State Joint Board on Universal Service— Renegotiation Board and prompt payment rates, 44264 Rural high-cost universal service; Multi-Association Surety companies acceptable on Federal bonds: Group plan, 44079–44083 Acadia Insurance Co. et al., 44293–44341 NOTICES Agency information collection activities: Food and Drug Administration Submission for OMB review; comment request, 44216 NOTICES Reports and guidance documents; availability, etc.: Federal Deposit Insurance Corporation Medical devices, cardiac ablation catheters generic NOTICES arrhythmia indications for use, 44218–44219 Meetings; Sunshine Act, 44216 Foreign-Trade Zones Board NOTICES Federal Emergency Management Agency Applications, hearings, determinations, etc.: RULES Illinois— National Flood Insurance Program: North American Lighting, Inc.; automotives lighting Noncompliance; suspension of community eligibility, products manufacturing facilities, 44172 44077–44079 Ohio; correction, 44265 NOTICES Texas— Disaster assistance: Williams Terminals Holdings, L.P.; petroleum products Cerro Grande fire assistance, 44216–44217 storage terminal, 44172 Meetings: Federal Radiological Preparedness Coordinating Forest Service Committee, 44217 NOTICES Environmental statements; notice of intent: Federal Energy Regulatory Commission Lewis and Clark National Forest, MT, 44167–44168 NOTICES Agency information collection activities: Health and Human Services Department Proposed collection; comment request, 44186–44188 See Centers for Medicare & Medicaid Services Environmental statements; notice of intent: See Food and Drug Administration Texas Eastern Transmission, LP, 44192–44194 See National Institutes of Health Hydroelectric applications, 44194–44195 NOTICES Meetings: Grant and cooperative agreement awards: AES Ocean Express, LLC, Broward Co., FL; technical Louisville, University of; National Resource Center on conference, 44195 Child Welfare Training and Evaluation, 44218 National Register of Historic Places: Meetings: Programmatic agreement for managing properties; President’s Council on Bioethics, 44218 restricted service list— New York Power Authority, 44195–44196 Housing and Urban Development Department Applications, hearings, determinations, etc.: NOTICES Ameren Services Co., et al., 44188 Agency information collection activities: Auburndale Peaker Energy Center, L.L.C., 44188 Proposed collection; comment request, 44229–44230 College Station, TX, 44188–44189 Submission for OMB review; comment request, 44230– Enbridge Pipelines (KPC), 44189–44190 44231 Florida Gas Transmission Co., 44190 Mortgagee Review Board; administrative actions, 44231– Kern River Gas Transmission Co., 44190 44234 Nautilus Pipeline Co., L.L.C., 44190–44191 Organization, functions, and authority delegations: Northern Natural Gas Co., 44191 General Counsel’s redelegation of Fair Housing Act Transwestern Pipeline Co., 44191–44192 authority, 44234 WestGas InterState, Inc., 44192 Immigration and Naturalization Service Federal Reserve System RULES NOTICES Nonimmigrant classes: Banks and bank holding companies: Student and Exchange Visitor Information System— Formations, acquisitions, and mergers, 44217–44218 Preliminary enrollment; eligibility requirements, 44343–44347
Federal Transit Administration Indian Affairs Bureau RULES NOTICES Rail fixed guideway systems; State safety oversight: Indian tribes, acknowledgement of existence Accident; term and definition replaced by ‘‘major determinations, etc.: incident’’, Eastern Pequot and Paucatuck Eastern Pequot Tribes, CT, Withdrawn, 44091–44092 44234–44240
Financial Management Service Interior Department See Fiscal Service See Indian Affairs Bureau
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See Minerals Management Service NOTICES Motor vehicle safety standards; exemption petitions, etc.: International Trade Administration Isuzu, 44259–44261 NOTICES Antidumping: National Institutes of Health Cut-to-length carbon steel plate from— NOTICES Ukraine, 44174 Agency information collection activities: Polyethylene terephthalate film, sheet, and strip (PET Submission for OMB review; comment request, 44219– film) from— 44220 India, 44175–44177 Meetings: Taiwan, 44174–44175 National Cancer Institute, 44220–44221 Tin mill products from— National Human Genome Research Institute, 44221– Japan, 44177–44179 44222 Antidumping and countervailing duties: National Institute of Child Health and Human Administrative review requests, 44172–44174 Development, 44223 Countervailing duties: National Institute of Diabetes and Digestive and Kidney Polethylene terephthalate film, sheet, and strip (PET film) Diseases, 44223–44224 from— National Institute of Mental Health, 44222–44223 India, 44179–44180 National Institute of Neurological Disorders and Stroke, Applications, hearings, determinations, etc.: 44222 Stainless steel flanges from— Scientific Review Center, 44224–44229 India, 44179
International Trade Commission National Oceanic and Atmospheric Administration RULES NOTICES Import investigations: Fishery conservation and management: Garage door operators including components thereof, Alaska; fisheries of Exclusive Economic Zone— 44241 Salmon; correction, 44093–44094 Marine mammals: Justice Department Incidental taking— Atlantic Large Whale Take Reduction Plan, 44092– See Immigration and Naturalization Service 44093 PROPOSED RULES Labor Department Endangered and threatened species: See Occupational Safety and Health Administration Southern resident killer whales, 44133–44138 Fishery conservation and management: Maritime Administration Northeastern United States fisheries— NOTICES Northeast multispecies, 44139–44166 Agency information collection activities: Marine mammals: Submission for OMB review; comment request, 44259 Taking and importation— Eastern North Pacific Southern Resident killer whales, Minerals Management Service 44132–44133 RULES NOTICES Outer Continental Shelf; oil, gas, and sulphur operations: Marine mammals: Decommissioning activities Incidental taking; authorization letters, etc.— Correction, 44265–44267 Navy Department; San Nicolas Island, CA; missile NOTICES launch operations, 44180–44185 Outer Continental Shelf; protraction diagrams, availability, Meetings: 44240–44241 North Pacific Fishery Management Council, 44185 National Agricultural Library NOTICES Nuclear Regulatory Commission Agency information collection activities: NOTICES Proposed collection; comment request, 44168 Certificates of compliance: United States Enrichment Corp.— National Credit Union Administration Paducah Gaseous Diffusion Plant, KY, 44242–44244 PROPOSED RULES Portsmouth Gaseous Diffusion Plant, OH, 44244–44245 Credit unions: Environmental statements; availability, etc.: Investment and deposit activities— Peach Bottom Atomic Power Station, PA, 44245–44246 Revisions and clarifications, 44269–44292 Meetings; Sunshine Act, 44246 Nuclear waste and spent fuel shipments: National Highway Traffic Safety Administration Governors’ designees receiving advanced notification; RULES list, 44247–44250 Motor vehicle theft prevention standard: Passenger motor vehicle theft data (2003 CY), 44085– Occupational Safety and Health Administration 44091 RULES Organization, functions, and authority delegations, 44083– Occupational injuries and illnesses; recording and reporting 44085 requirements, 44037–44048
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PROPOSED RULES See National Highway Traffic Safety Administration Occupational injuries and illnesses; recording and reporting See Surface Transportation Board requirements NOTICES Effective date delay; comments request, 44124–44127 Agency information collection activities: NOTICES Submission for OMB review; comment request, 44257– Agency information collection activities: 44258 Proposed collection; comment request, 44241–44242 Aviation proceedings: Agreements filed; weekly receipts, 44258 Personnel Management Office Certificates of public convenience and necessity and NOTICES foreign air carrier permits; weekly applications, Personnel management demonstration projects: 44258–44259 Defense Department; civilian acquisition workforce project, 44250–44256 Treasury Department See Engraving and Printing Bureau Public Debt Bureau See Fiscal Service See Fiscal Service RULES Currency and foreign transactions; financial reporting and Public Health Service recordkeepng requirements: See Food and Drug Administration Bank Secrecy Act; implementation— See National Institutes of Health Suspicious transactions; brokers and dealers reporting requirements, 44048–44057 Risk Management Agency NOTICES NOTICES Organization, functions, and authority delegations: Grants and cooperative agreements; availability, etc.: Deputy Secretary, et al., 44261–44264 Research partnerships for risk management development and implementation, 44168–44171 Separate Parts In This Issue Securities and Exchange Commission NOTICES Part II Applications, hearings, determinations, etc.: American Stock Exchange LLC, 44256 National Credit Union Administration, 44269–44292 Pacific Exchange, Inc., 44256–44257 Part III Small Business Administration Treasury Department, Fiscal Service, 44293–44341 NOTICES Disaster loan areas: Part IV Arizona, 44257 Justice Department, Immigration and Naturalization Minnesota, 44257 Service, 44343–44347
Surface Transportation Board NOTICES Reader Aids Railroad services abandonment: Consult the Reader Aids section at the end of this issue for Burlington Northern & Santa Fe Railway Co., 44261 phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. Transportation Department To subscribe to the Federal Register Table of Contents See Coast Guard LISTSERV electronic mailing list, go to http:// See Federal Aviation Administration listserv.access.gpo.gov and select Online mailing list See Federal Transit Administration archives, FEDREGTOC-L, Join or leave the list (or change See Maritime Administration settings); then follow the instructions.
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CFR PARTS AFFECTED IN THIS ISSUE
A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue.
7 CFR 762...... 44015 Proposed Rules: 922...... 44095 8 CFR 214...... 44344 9 CFR 94...... 44016 Proposed Rules: 93...... 44097 12 CFR Proposed Rules: 703...... 44270 704...... 44270 14 CFR 25...... 44018 39 (3 documents) ...... 44024, 44028, 44030 95...... 44033 Proposed Rules: 25...... 44111 39 (2 documents) ...... 44116, 44119 17 CFR 1...... 44036 29 CFR 1904...... 44037 Proposed Rules: 1904...... 44124 30 CFR 250...... 44265 31 CFR 103...... 44048 33 CFR 165 (2 documents) ...... 44057, 44059 40 CFR 52 (3 documents) ...... 44061, 44062, 44065 271...... 44069 Proposed Rules: 52 (2 documents) ...... 44127, 44128 81...... 44128 42 CFR 412...... 44073 413...... 44073 44 CFR 64...... 44077 47 CFR 36...... 44079 49 CFR 501...... 44083 541...... 44085 659...... 44091 50 CFR 229...... 44092 679...... 44093 Proposed Rules: 216...... 44132 223...... 44133 224...... 44133 648...... 44139
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Rules and Regulations Federal Register Vol. 67, No. 126
Monday, July 1, 2002
This section of the FEDERAL REGISTER effect on a substantial number of small consider alternatives and adopt the contains regulatory documents having general entities, because it does not require more cost effective or least burdensome applicability and legal effect, most of which actions on the part of the borrower or alternative that achieves the objectives are keyed to and codified in the Code of the lenders. The Agency, therefore, is of the rule. This rule contains no Federal Regulations, which is published under not required to perform a Regulatory Federal mandates, as defined by title II 50 titles pursuant to 44 U.S.C. 1510. Flexibility Analysis as required by the of the UMRA, for State, local, and tribal The Code of Federal Regulations is sold by Regulatory Flexibility Act, Public Law governments or the private sector. the Superintendent of Documents. Prices of 96–534, as amended (5 U.S.C. 601). This Therefore, this rule is not subject to the new books are listed in the first FEDERAL rule does not impact small entities to a requirements of sections 202 and 205 of REGISTER issue of each week. greater extent than large entities. UMRA. Environmental Impact Statement Executive Order 13132 DEPARTMENT OF AGRICULTURE It is the determination of FSA that The policies contained in this rule do this action is not a major Federal action not have any substantial direct effect on Farm Service Agency significantly affecting the environment. states, on the relationship between the Therefore, in accordance with the national government and the states, or 7 CFR Part 762 National Environmental Policy Act of on the distribution of power and RIN 0560–AG44 1969, Pub. L. 91–190, and 7 CFR part responsibilities among the various 1940, subpart G, an Environmental levels of government. Nor does this rule Collecting Guaranteed Loss Payments Impact Statement is not required. impose substantial direct compliance costs on state and local governments. From FSA Farm Loan Program Executive Order 12988 Borrowers Therefore, consultation with the states This rule has been reviewed in is not required. AGENCY: Farm Service Agency, USDA. accordance with E.O. 12988, Civil Paperwork Reduction Act ACTION: Final rule. Justice Reform. In accordance with that Executive Order: (1) All State and local The amendments to 7 CFR part 762 SUMMARY: This action revises the laws and regulations that are in conflict contained in this rule require no regulations governing the Farm Service with this rule will be preempted; (2) no revisions to the information collection Agency’s (FSA) guaranteed farm loan retroactive effect will be given to this requirements that were previously programs by adding a provision rule except that Agency servicing under approved by OMB under control clarifying that any amounts paid by FSA this rule will apply to loans guaranteed number 0560–0155. on account of the liabilities of the prior to the effective date of the rule and Federal Assistance Program guaranteed loan borrower will (3) administrative proceedings in constitute a Federal debt owing to FSA accordance with 7 CFR part 11 must be These changes affect the following by the guaranteed loan borrower. FSA exhausted before requesting judicial FSA programs as listed in the Catalog of may use all remedies available to it, review. Federal Domestic Assistance: including offset under the Debt 10.406—Farm Operating Loans Executive Order 12372 Collection Improvement Act of 1996, to 10.407—Farm Ownership Loans For reasons contained in the Notice collect the debt from the borrower. This Discussion of the Final Rule action will affect only those guaranteed related to 7 CFR part 3015, subpart V loan borrowers after a final loss claim is (48 FR 29115, June 24, 1983) the This rule clarifies the policy of the paid by FSA to the lender from whom programs and activities within this rule Farm Service Agency Farm Loan they received a guaranteed loan. are excluded from the scope of Programs concerning the statutory mandate imposed on the Agency by the DATES: This rule is effective on July 1, Executive Order 12372, which requires Debt Collection Improvement Act of 2002. intergovernmental consultation with state and local officials. 1996 (31 U.S.C. 3716) (DCIA). Section FOR FURTHER INFORMATION CONTACT: 3701 of 31 U.S.C. defines ‘‘claim’’ or Polly M. Anderson, Senior Loan Officer, Unfunded Mandates ‘‘debt’’ in part to include funds owed on Farm Service Agency; telephone: 202– Title II of the Unfunded Mandates account of loans guaranteed by the 720–2558; Facsimile: 202–690–1196; E- Reform Act of 1995 (UMRA), Pub. L. government. This rule puts guaranteed mail: 104–4, requires Federal agencies to borrowers on notice that FSA will [email protected] assess the effects of their regulatory attempt to collect from guaranteed SUPPLEMENTARY INFORMATION: actions on State, local, and tribal borrowers through Treasury Offset and governments or the private sector. any other available remedies when a Executive Order 12866 Agencies generally must prepare a final loss claim is paid to a guaranteed This rule has been determined to be written statement, including a cost lender. significant and was reviewed by the benefit assessment, for proposed and The Federal Claims Collection Act of Office of Management and Budget under final rules with ‘‘Federal mandates’’ that 1966 (Act), (31 U.S.C. 3711 et seq.) Executive Order 12866. may result in expenditures of $100 provides for the use of administrative, million or more in any 1 year for state, salary, and Internal Revenue Service Regulatory Flexibility Act local, or tribal governments, in the (IRS) offsets by Government agencies to The Agency certifies that this rule aggregate, or to the private sector. collect delinquent Federal debts. Any will not have a significant economic UMRA generally requires agencies to money that is or may become payable
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from the United States to an individual farm loan borrowers with 67,540 loans. DEPARTMENT OF AGRICULTURE or entity indebted to FSA may be offset Approximately 1,200 loss claims are for the collection of a debt owed to FSA. paid on guaranteed loans per year. Animal and Plant Health Inspection In addition, money may be collected Approximately 100 of the 1,200 loans Service from the debtor’s retirement payments are discharged in bankruptcy, leaving for delinquent amounts owed to the about 1,100 loans that could be 9 CFR Part 94 Agency if the debtor is an employee or considered for offset and other [Docket No. 02–068–1] retiree of a Federal agency, the U.S. collection methods. Sixty days after a Postal Service, the Postal Rate final loss claim is paid, Agency loan Change in Disease Status of Poland Commission, or a member of the U.S. officials will notify the guaranteed Because of BSE Armed Forces or the Reserve. Current borrowers with a Notice of Intent to AGENCY: regulations published in 7 CFR part 762, Collect by Administrative Offset that Animal and Plant Health do not discuss whether amounts paid by any FSA payment that they may be Inspection Service, USDA. the Agency on guaranteed final loss scheduled to receive will be offset. The ACTION: Interim rule and request for claims are considered Federal debts. notice will advise such borrowers of comments. This rule is consistent with the Act their options to either pay the claim off, SUMMARY: We are amending the and clarifies that a Federal debt is relinquish some or all of the payment to regulations by adding Poland to the list established when a guaranteed final loss FSA, or seek administrative review or of regions where bovine spongiform claim is paid. The Agency will offset all appeal. encephalopathy exists because the payments available in accordance with disease has been detected in a native- 31 U.S.C. 3716 and 7 CFR part 1951, This rule is not published for notice born animal in that region. Poland has subpart C. Federal Crop Insurance and comment because it implements been listed among the regions that indemnity payments are prohibited statutory and regulatory provisions present an undue risk of introducing from offset under section 509 of the which are binding on the Agency. Since bovine spongiform encephalopathy into Federal Crop Insurance Act (7 U.S.C. the Agency does not have discretion in the United States. Therefore, the effect 1509). FSA also will not offset this matter, public comment would not of this action is a continued restriction environmental cost-share assistance be able to affect the provisions of the on the importation of ruminants, meat, payments for establishment costs that rule. Therefore the rule is published as meat products, and certain other are made for newly enrolled FSA final and effective upon publication. products of ruminants that have been in Conservation Reserve Program acres or List of Subjects in 7 CFR Part 762 Poland. This action is necessary in order in other situations not in the best to update the disease status of Poland interests of the Government. FSA’s Agriculture, Loan programs— regarding bovine spongiform current policy for direct loan debt Agriculture. encephalopathy. collections will be used for collection of Accordingly, 7 CFR chapter VII is Federal debt arising from guaranteed DATES: This interim rule was effective amended as follows: loans. May 5, 2002. We will consider all Some borrowers have established PART 762—GUARANTEED FARM comments that we receive on or before corporations, partnerships and other LOANS August 30, 2002. entities to avoid offsets and to ADDRESSES: You may submit comments circumvent other Agency regulations. 1. The authority citation for part 762 by postal mail/commercial delivery or Offset will be taken against the continues to read as follows: by e-mail. If you use postal mail/ borrower’s pro rata share of entity commercial delivery, please send four payments pursuant to 7 CFR 792.7(l), Authority: 5 U.S.C. 301, 7 U.S.C. 1989. copies of your comment (an original and 1403.7(q), and 1951.106. A Federal debt 2. Amend § 762.149 by adding three copies) to: Docket No.02–068–1, cannot be established on debts paragraph (m), to read as follows: Regulatory Analysis and Development, discharged in bankruptcy. In a PPD, APHIS, Station 3C71, 4700 River reorganization bankruptcy, a borrower § 762.149 Liquidation. Road Unit 118, Riverdale, MD 20737– will not be offset even when a final loss * * * * * 1238. Please state that your comment claim is paid provided the borrower (m) Establishment of Federal debt. refers to Docket No. 02–068–1. If you successfully completes the confirmed Any amounts paid by the Agency on use e-mail, address your comment to plan. If a borrower’s debt is discharged account of liabilities of the guaranteed [email protected]. Your in a Chapter 7 bankruptcy, offset will loan borrower will constitute a Federal comment must be contained in the body not be pursued when the final loss debt owing to the Agency by the of your message; do not send attached claim is paid. guaranteed loan borrower. In such case, files. Please include your name and The Agency has revised its guaranteed the Agency may use all remedies address in your message and ‘‘Docket loan application forms to include the available to it, including offset under No. 02–068–1’’ on the subject line. applicant’s certification and the Debt Collection Improvement Act of You may read any comments that we acknowledgment that any amounts paid 1996, to collect the debt from the receive on this docket in our reading by FSA on account of liabilities of the borrower. Interest charges will be room. The reading room is located in guaranteed loan borrower will established at the note rate of the room 1141 of the USDA South Building, constitute a Federal debt to FSA. The guaranteed loan on the date the final 14th Street and Independence Avenue forms provide direct notice to interested loss claim is paid. SW., Washington, DC. Normal reading applicants of FSA’s debt collection room hours are 8 a.m. to 4:30 p.m., policy and memorialize their Signed in Washington, DC, on June 25, Monday through Friday, except 2002. understanding and acknowledgment of holidays. To be sure someone is there to FSA’s collection policy. James R. Little, help you, please call (202) 690–2817 The guaranteed farm loan program Administrator, Farm Service Agency. before coming. has been in existence since 1973. [FR Doc. 02–16474 Filed 6–28–02; 8:45 am] APHIS documents published in the Currently, there are 40,559 guaranteed BILLING CODE 3410–05–P Federal Register, and related
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information, including the names of ruminants that have been in any of these Executive Order 12866 and Regulatory organizations and individuals who have regions. Section 95.4 prohibits or Flexibility Act commented on APHIS dockets, are restricts the importation of certain available on the Internet at http:// byproducts from ruminants that have This rule has been reviewed under www.aphis.usda.gov/ppd/rad/ been in any of those regions, and § 96.2 Executive Order 12866. For this action, webrepor.html. prohibits the importation of casings, the Office of Management and Budget has waived its review process required FOR FURTHER INFORMATION CONTACT: Dr. except stomach casings, from ruminants Gary Colgrove, Chief Staff Veterinarian, that have been in any of these regions. by Executive Order 12866. Sanitary Issues Management Staff, Additionally, the regulations in 9 CFR We are amending the regulations by National Center for Import and Export, part 93 pertaining to the importation of adding Poland to the list of regions VS, APHIS, 4700 River Road Unit 38, live animals provide that the Animal where BSE exists because the disease Riverdale, MD 20737–1231; (301) 734– and Plant Health Inspection Service has been detected in a native-born 4356. may deny the importation of ruminants animal in that region. Poland has been SUPPLEMENTARY INFORMATION: from regions where a communicable listed among the regions that present an undue risk of introducing BSE into the Background disease such as BSE exists and from regions that present risks of introducing United States. The regulations in 9 CFR parts 93, 94, communicable diseases into the United Regardless of which of the two lists a 95, and 96 (referred to below as the States (see § 93.404(a)(3)). region is on, the same restrictions apply regulations) govern the importation of certain animals, birds, poultry, meat, Poland has been among the regions to the importation of ruminants and other animal products and byproducts, listed in § 94.18(a)(2), which are regions meat, meat products, and most other hay, and straw into the United States in that present an undue risk of products and byproducts of ruminants order to prevent the introduction of introducing BSE into the United States. that have been in the region. Therefore, various animal diseases, including However, on May 5, 2002, a case of BSE this action, which is necessary in order bovine spongiform encephalopathy was confirmed in a native-born animal to update the disease status of Poland (BSE). in Poland. Therefore, in order to update regarding BSE, will not result in any BSE is a neurological disease of cattle the disease status of Poland regarding change in the restrictions that apply to and is not known to exist in the United BSE, we are amending the regulations the importation of ruminants and meat, States. It appears that BSE is primarily by removing Poland from the list in meat products, and certain other spread through the use of ruminant feed § 94.18(a)(2) of regions that present an products and byproducts of ruminants containing protein and other products undue risk of introducing BSE into the that have been in Poland. from ruminants infected with BSE. United States and adding Poland to the Under these circumstances, the Therefore, BSE could become list in § 94.18(a)(1) of regions where BSE Administrator of the Animal and Plant established in the United States if is known to exist. The effect of this Health Inspection Service has materials carrying the BSE agent, such action is a continued restriction on the determined that this action will not as certain meat, animal products, and importation of ruminants, meat, meat have a significant economic impact on animal byproducts from ruminants, products, and certain other products a substantial number of small entities. were to be imported into the United and byproducts of ruminants that have States and fed to ruminants in the been in Poland. We are making these Executive Order 12988 United States. BSE could also become amendments effective retroactively to established in the United States if This rule has been reviewed under May 5, 2002, which is the date that BSE ruminants with BSE were imported into Executive Order 12988, Civil Justice the United States. was confirmed in a native-born animal Reform. This rule: (1) Preempts all State Sections 94.18, 95.4, and 96.2 of the in Poland. and local laws and regulations that are regulations prohibit or restrict the Emergency Action inconsistent with this rule; (2) has importation of certain meat and other retroactive effect to May 5, 2002; and (3) animal products and byproducts from This rulemaking is necessary on an does not require administrative ruminants that have been in regions in emergency basis to update the disease proceedings before parties may file suit which BSE exists or in which there is status of Poland regarding BSE. Under in court challenging this rule. an undue risk of introducing BSE into these circumstances, the Administrator the United States. has determined that prior notice and Paperwork Reduction Act Paragraph (a)(1) of § 94.18 lists the opportunity for public comment are This interim rule contains no regions in which BSE exists. Paragraph contrary to the public interest and that (a)(2) lists the regions that present an information collection or recordkeeping there is good cause under 5 U.S.C. 553 requirements under the Paperwork undue risk of introducing BSE into the for making this rule effective less than United States because their import Reduction Act of 1995 (44 U.S.C. 3501 30 days after publication in the Federal et seq.). requirements are less restrictive than Register. those that would be acceptable for List of Subjects in 9 CFR Part 94 import into the United States and/or We will consider comments we because the regions have inadequate receive during the comment period for Animal diseases, Imports, Livestock, surveillance. Paragraph (b) of § 94.18 this interim rule (see DATES above). Meat and meat products, Milk, Poultry prohibits the importation of fresh, After the comment period closes, we and poultry products, Reporting and frozen, and chilled meat, meat products, will publish another document in the recordkeeping requirements. and most other edible products of Federal Register. The document will ruminants that have been in any region include a discussion of any comments Accordingly, we are amending 9 CFR listed in paragraph (a)(1) or (a)(2). we receive and any amendments we are part 94 as follows: Paragraph (c) of § 94.18 restricts the making to the rule as a result of the importation of gelatin derived from comments.
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PART 94—RINDERPEST, FOOT-AND- for these design features. These special to the change, the applicant must MOUTH DISEASE, FOWL PEST (FOWL conditions contain the additional safety comply with certain regulations in effect PLAGUE), EXOTIC NEWCASTLE standards that the Administrator on the date of application for the DISEASE, AFRICAN SWINE FEVER, considers necessary to establish a level change. The FAA has determined that HOG CHOLERA, AND BOVINE of safety equivalent to that established the Model A340–500 and –600 airplanes SPONGIFORM ENCEPHALOPATHY: by the existing airworthiness standards. must be shown to comply with PROHIBITED AND RESTRICTED EFFECTIVE DATE: July 31, 2002. Amendments 25–1 through 25–91, and IMPORTATIONS FOR FURTHER INFORMATION CONTACT: Tim with certain FAA-allowed reversions for Backman, FAA, ANM–116, Transport specific part 25 regulations to the part 1. The authority citation for part 94 25 amendment levels of the original continues to read as follows: Airplane Directorate, Aircraft Certification Service, 1601 Lind Avenue type certification basis. Authority: 7 U.S.C. 450, 7711, 7712, 7713, SW., Renton, Washington, 98055–4056; Airbus has also chosen to comply 7714, 7751, and 7754; 19 U.S.C. 1306; 21 telephone (425) 227–2797; facsimile with part 25 as amended by U.S.C. 111, 114a, 134a, 134b, 134c, 134f, 136, (425) 227–1149. Amendments 25–92, –93, –94, –95, –97, and 136a; 31 U.S.C. 9701; 42 U.S.C. 4331 and –98, and –104. In addition, Airbus has 4332; 7 CFR 2.22, 2.80, and 371.4. SUPPLEMENTARY INFORMATION: elected to redefine the reference stall Background speed as the 1-g stall speed as proposed § 94.18 [Amended] in Notice No. 95–17 (61 FR 1260, On November 14, 1996, Airbus January 18, 1996). 2. Section 94.18 is amended as Industrie applied for an amendment to If the Administrator finds that the follows: U.S. type certificate (TC) A43NM to applicable airworthiness regulations a. In paragraph (a)(1), by adding, in include the new Models A340–500 and (i.e., part 25 as amended) do not contain alphabetical order, the word ‘‘Poland,’’. –600. These models are derivatives of adequate or appropriate safety standards b. In paragraph (a)(2), by removing the the A340–300 airplane that is approved for the Airbus Model A340–500 and word ‘‘Poland,’’. under the same TC. ‘‘600 because of a novel or unusual Done in Washington, DC, this 26th day of The Model A340–500 fuselage is a 6- design feature, special conditions are June, 2002. frame stretch of the Model A340–300 prescribed under the provisions of Bobby R. Acord, and is powered by 4 Rolls Royce Trent § 21.16. Administrator, Animal and Plant Health 553 engines; each rated at 53,000 In addition to the applicable Inspection Service. pounds of thrust. The airplane has airworthiness regulations and special [FR Doc. 02–16422 Filed 6–28–02; 8:45 am] interior seating arrangements for up to conditions, the Airbus Model A340–500 BILLING CODE 3410–34–P 375 passengers, with a maximum takeoff and –600 must comply with the fuel weight (MTOW) of 820,000 pounds. The vent and exhaust emission requirements Model A340–500 is intended for long- of 14 CFR part 34 and the noise DEPARTMENT OF TRANSPORTATION range operations and has additional fuel certification requirements of 14 CFR capacity over that of the Model A340– part 36, as amended on the date of type Federal Aviation Administration 600. certification. The Model A340–600 fuselage is a 20- Special conditions, as defined in 14 14 CFR Part 25 frame stretch of the Model A340–300 CFR 11.19, are issued in accordance and is powered by 4 Rolls Royce Trent with § 11.38 and become part of the type [Docket No. NM213; Special Conditions No. 556 engines; each rated at 56,000 25–201–SC] certification basis in accordance with pounds of thrust. The airplane has § 21.101(b)(2). Special Conditions: Airbus, Model interior seating arrangements for up to Special conditions are initially A340–500 and –600 Series Airplanes; 440 passengers, with a MTOW of applicable to the model for which they Interaction of Systems and Structure; 804,500 pounds. are issued. Should the type certificate Electronic Flight Control System, Type Certification Basis for that model be amended later to Longitudinal Stability and Low Energy include any other model that Awareness; and Use of High Incidence Under the provisions of 14 CFR incorporates the same novel or unusual Protection and Alpha-Floor Systems 21.101, Airbus must show that the design feature, or should any other Model A340–500 and –600 airplanes model already included on the same AGENCY: Federal Aviation meet the applicable provisions of the type certificate be modified to Administration (FAA), DOT. regulations incorporated by reference in incorporate the same novel or unusual ACTION: Final special conditions. TC A43NM or the applicable regulations design feature, the special conditions in effect on the date of application for would also apply to the other model SUMMARY: These special conditions are the change to the type certificate. The under the provisions of § 21.101(a)(1). issued for the Airbus Model A340–500 regulations incorporated by reference in and –600 series airplanes. These the type certificate are commonly Novel or Unusual Design Features airplanes will have novel or unusual referred to as the ‘‘original type The Airbus Model A340–500 and design features when compared to the certification basis.’’ The regulations –600 airplanes will incorporate the state of technology envisioned in the incorporated by reference in TC A43NM following novel or unusual design airworthiness standards for transport are 14 CFR part 25, effective February 1, features. category airplanes associated with the 1965, including Amendments 25–1 systems that affect the structural through 25–63, and Amendments 25– 1. Interaction of Systems and Structure performance of the airplane; the 64, 25–65, 25–66, and 25–77, with The Model A340–500 and –600 electronic flight control system (EFCS); certain exceptions that are not relevant airplanes will have systems that affect and the use of high incidence protection to these special conditions. the structural performance of the and alpha-floor systems. The applicable In addition, if the regulations airplane, either directly or as a result of airworthiness regulations do not contain incorporated by reference do not a failure or malfunction. These novel or adequate or appropriate safety standards provide adequate standards with respect unusual design features are systems that
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can serve to alleviate loads in the energy awareness requirement during conditions would apply to that model as airframe and, when in a failure state, the A330 and A340 certification, this well under the provisions of can create loads in the airframe. The special condition for the Model A340– § 21.101(a)(1). current regulations do not adequately 500 and –600 airplane certification Conclusion account for the effects of these systems harmonizes to the French DGAC special and their failures on structural condition for static longitudinal stability This action affects only certain novel performance. These special conditions and low energy awareness. The purpose or unusual design features on the Model provide the criteria to be used in of the new low energy awareness special A340–500 and –600 airplanes. It is not assessing the effects of these systems on condition item 2(a)(2) is to provide a rule of general applicability, and it structures. awareness to the pilot of a low speed (or affects only the applicant who applied low energy state) of flight when the to the FAA for approval of these features 2. Electronic Flight Control System: flight control laws provide neutral static on the airplane. Longitudinal Stability and Low Energy longitudinal stability significantly Awareness List of Subjects in 14 CFR Part 25 below the normal operating speeds, and The EFCS of the Model A340–500 and offer no cues to the pilot through the Aircraft, Aviation safety, Reporting –600, as with its predecessors, will side stick controller. The special and recordkeeping requirements. result in the airplanes having neutral condition item 2(a)(1) addresses the fact The authority citation for these static longitudinal stability. This that the airplane has neutral stability special conditions is as follows: condition, when combined with the and does not meet regulatory Authority: 49 U.S.C. 106(g), 40113, 44701, automatic trim feature of the EFCS, requirements for positive dynamic and 44702, 44704. could result in insufficient feedback static longitudinal stability (§§ 25.171, The Special Conditions cues to the pilot of speed excursions 25.173, and 25.175, and 25.181(a)). below normal operating speeds. The Accordingly, pursuant to the longitudinal flight control laws provide 3. High Incidence Protection and Alpha- authority delegated by the neutral static stability within the normal floor Systems Administrator, the following special flight envelope; therefore, the novel or The Model A340–500 and –600 conditions are issued as part of the type unusual design features for these new airplanes will have a novel or unusual certification basis for Airbus Model airplane model designs will make them feature to accommodate the unique A340–500 and –600 series airplanes. unable to show compliance with the features of the high incidence protection 1. Interaction of System and Structures static longitudinal stability and the alpha-floor systems. The high requirements of §§ 25.171, 25.173, and incidence protection system replaces The following special conditions are 25.175. the stall warning system during normal in lieu of compliance with the criteria The unique features of the Model operating conditions by prohibiting the of previously issued Special Conditions A340–500 and –600 airplanes could airplane from stalling. The high No. 25–ANM–69 (Docket No. NM–75), cause an unsafe condition if the incidence protection system limits the item 4, ‘‘Interaction of Systems and airspeed becomes too slow near the angle of attack at which the airplane can Structure.’’ ground and results in the airplane be flown during normal low speed (a) General. For airplanes equipped stalling. The flightcrew would be operation, impacts the longitudinal with systems that affect structural unaware of the flight condition and airplane handling characteristics, and performance, either directly or as a would not be able to intervene and can not be over-ridden by the crew. The result of a failure or malfunction, the recover before stall. The French existing regulations do not provide influence of these systems and their Direction Generale De L’Aviation Civile adequate criteria to address this system. failure conditions must be taken into (DGAC) took action for this condition by The function of the alpha-floor system account when showing compliance with introducing a special condition for is to automatically increase the thrust the requirements of subparts C and D of predecessor airplanes with the same on the operating engines under unusual part 25. The following criteria must be design features that required adequate circumstances where the airplane used for showing compliance with these awareness of the flightcrew to unsafe pitches to a predetermined high angle of special conditions for airplanes low speed conditions; there was no attack or bank angle. The regulations do equipped with flight control systems, corresponding special condition not provide adequate criteria to address autopilots, stability augmentation developed by the FAA. The French this system. systems, load alleviation systems, flutter special conditions allowed for control systems, and fuel management awareness to be provided by an Discussion of Comments systems. If these special conditions are appropriate warning in the cockpit to Notice of proposed special conditions used for other systems, it may be allow for recovery. This special No. 25–02–05–SC for the Airbus Model necessary to adapt the criteria to the condition provides for an appropriate A340–500 and –600 airplanes was specific system. warning in the cockpit of the A340–500 published in the Federal Register on (1) The criteria defined herein only and –600 airplanes to allow for April 8, 2002 (67 FR 16656). No address the direct structural recovery. comments were received, and the consequences of the system responses Subsequent to certification of the special conditions are adopted as and performances and cannot be predecessor Model A330 and A340 proposed. considered in isolation but should be airplanes and in establishing the included in the overall safety evaluation certification requirements for the A340– Applicability of the airplane. These criteria may in 500 and –600, the French DGAC As discussed above, these special some instances duplicate standards decided to combine two special conditions are applicable to the Model already established for this evaluation. conditions from the A330 into a new A340–500 and –600 airplanes. Should These criteria are only applicable to special condition titled ‘‘Static Airbus apply at a later date for a change structures whose failure could prevent Longitudinal Stability and Low Energy to the type certificate to include another continued safe flight and landing. Awareness.’’ Since the FAA did not take model incorporating the same novel or Specific criteria that define acceptable action on the introduction of the low unusual design feature, these special limits on handling characteristics or
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stability requirements when operating conditions are the same as those used in (ii) The airplane must meet the in the system degraded or inoperative § 25.1309. strength requirements of part 25 (static modes are not provided in these special Failure condition: The term failure strength, residual strength), using the conditions. condition is the same as that used in specified factors to derive ultimate loads (2) Depending upon the specific § 25.1309; however, these special from the limit loads defined above. The characteristics of the airplane, conditions apply only to system failure effect of nonlinearities must be additional studies that go beyond the conditions that affect the structural investigated beyond limit conditions to criteria provided in these special performance of the airplane (e.g., system ensure the behavior of the system conditions may be required in order to failure conditions that induce loads, presents no anomaly compared to the demonstrate the capability of the lower flutter margins, or change the behavior below limit conditions. airplane to meet other realistic response of the airplane to inputs such However, conditions beyond limit conditions; such as alternative gust or as gusts or pilot actions). conditions need not be considered when it can be shown that the airplane has maneuver descriptions for an airplane (b) Effects of Systems on Structures. design features that will not allow it to equipped with a load alleviation system. The following criteria will be used in exceed those limit conditions. (3) The following definitions are determining the influence of a system (iii) The airplane must meet the applicable to these special conditions. and its failure conditions on the aeroelastic stability requirements of Structural performance: Capability of airplane structure. § 25.629. the airplane to meet the structural (1) System fully operative. With the (2) System in the failure condition. requirements of part 25. system fully operative, the following For any system failure condition not Flight limitations: Limitations that apply: shown to be extremely improbable, the can be applied to the airplane flight (i) Limit loads must be derived in all following apply: conditions following an in-flight normal operating configurations of the (i) At the time of occurrence. Starting occurrence and that are included in the system from all the limit conditions from 1–g level flight conditions, a flight manual (e.g., speed limitations, specified in subpart C, taking into realistic scenario, including pilot avoidance of severe weather conditions, account any special behavior of such a corrective actions, must be established etc.). system or associated functions, or any to determine the loads occurring at the Operational limitations: Limitations, effect on the structural performance of time of failure and immediately after including flight limitations that can be the airplane that may occur up to the failure. applied to the airplane operating limit loads. In particular, any significant (A) For static strength substantiation, conditions before dispatch (e.g., fuel, nonlinearity (rate of displacement of these loads multiplied by an appropriate payload, and Master Minimum control surface, thresholds or any other factor of safety that is related to the Equipment List limitations). system nonlinearities) must be probability of occurrence of the failure Probabilistic terms: The probabilistic accounted for in a realistic or are ultimate loads to be considered for terms (probable, improbable, extremely conservative way when deriving limit design. The factor of safety (FS) is improbable) used in these special loads from limit conditions. defined in Figure 1.
(B) For residual strength intended by § 25.629(b)(2) are (A) The loads derived from the substantiation, the airplane must be able maintained. following conditions at speeds up to Vc, to withstand two thirds of the ultimate (D) Failures of the system that result or the speed limitation prescribed for loads defined in these special in forced structural vibrations the remainder of the flight, must be conditions item 1(b)(1)(ii). (oscillatory failures) must not produce determined: (C) Freedom from aeroelastic loads that could result in detrimental (1) The limit symmetrical instability must be shown up to the deformation of primary structure. maneuvering conditions specified in speeds defined in § 25.629(b)(2). For (ii) For the continuation of the flight. failure conditions that result in speed For the airplane in the system failed § 25.331 and in § 25.345. increases beyond Vc/Mc, freedom from state and considering any appropriate (2) The limit gust and turbulence aeroelastic instability must be shown to reconfiguration and flight limitations, conditions specified in § 25.341 and in increased speeds, so that the margins the following apply: § 25.345.
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(3) The limit rolling conditions (5) The limit ground loading special condition item 1(b)(2)(ii)(A), specified in § 25.349 and the limit conditions specified in § 25.473 and multiplied by a factor of safety unsymmetrical conditions specified in § 25.491. depending on the probability of being in § 25.367 and § 25.427(b) and (c). (B) For static strength substantiation, this failure state. The factor of safety is (4) The limit yaw maneuvering each part of the structure must be able defined in Figure 2. conditions specified in § 25.351. to withstand the loads defined in
Qj = (Tj)(Pj) Where: (C) For residual strength (E) Freedom from aeroelastic Tj = Average time spent in failure substantiation, the airplane must be able instability must be shown up to a speed condition j (in hours). to withstand two thirds of the ultimate determined from Figure 3. Flutter Pj = Probability of occurrence of failure loads defined in special condition item clearance speeds VI and VII may be mode j (per hour). 1(b)(2)(ii)(B). based on the speed limitation specified (D) If the loads induced by the failure Note to paragraph (B): If Pj is greater than for the remainder of the flight using the 10¥3 per flight hour, then a 1.5 factor of condition have a significant effect on margins defined by § 25.629(b). safety must be applied to all limit load fatigue or damage tolerance, then their conditions specified in subpart C. effects must be taken into account.
VI = Clearance speed as defined by any damage required or selected for improbable, that degrade the structural § 25.629(b)(2). investigation by § 25.571(b). capability below the level required by VII = Clearance speed as defined by (iii) Consideration of certain failure part 25 or significantly reduce the § 25.629(b)(1). conditions may be required by other reliability of the remaining system. The Qj = (Tj)(Pj) where: sections of part 25, regardless of flightcrew must be made aware of these Tj = Average time spent in failure calculated system reliability. Where failures before flight. Certain elements condition j (in hours). analysis shows the probability of these of the control system, such as failure conditions to be less than 10¥9, Pj = Probability of occurrence of failure mechanical and hydraulic components, criteria other than those specified in this mode j (per hour). may use special periodic inspections, paragraph may be used for structural and electronic components may use Note to paragraph (E): If Pj is greater than substantiation to show continued safe 10¥3 per flight hour, then the flutter daily checks, in lieu of warning systems, clearance speed must not be less than VII. flight and landing. (3) Warning considerations. For to achieve the objective of this (F) Freedom from aeroelastic system failure detection and warning, requirement. These certification instability must also be shown up to VI the following apply: maintenance requirements must be in Figure 3 above for any probable (i) The system must be checked for limited to components that are not system failure condition combined with failure conditions, not extremely readily detectable by normal warning
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systems and where service history CFR sections (listed below), and in lieu (3) Minimum Steady Flight Speed and shows that inspections will provide an of compliance with previously issued Reference Stall Speed. In lieu of adequate level of safety. Special Conditions No. 25–ANM–69 compliance with the requirements of (ii) The existence of any failure (Docket No. NM–75) item 12(b), ‘‘Flight § 25.103 the following special condition, not shown to be extremely Envelope Protection, Angle-of-Attack conditions apply: improbable, during flight that could Limiting.’’ (i) Vmin. The minimum steady flight significantly affect the structural (1) The following definitions are speed, for the airplane configuration capability of the airplane, and for which applicable to these special conditions. under consideration and with the High the associated reduction in High Incidence Protection System. A Incidence Protection System operating, airworthiness can be minimized by system that operates directly and is the final stabilized Calibrated suitable flight limitations, must be automatically on the airplane’s flying Airspeed obtained when the airplane is signaled to the flightcrew. For example, controls to limit the maximum decelerated at an entry rate not failure conditions that result in a factor incidence that can be attained to a value exceeding 1 knot per second until the of safety between the airplane strength below that at which an aerodynamic longitudinal control is on its stop. and the loads of subpart C below 1.25, stall would occur. (ii) The Minimum Steady Flight II or flutter margins below V , must be Alpha-floor System. A system that Speed, V , must be determined with: automatically increases thrust on the min signaled to the crew during flight. (A) The High Incidence Protection (4) Dispatch with known failure operating engines when incidence System operating normally. conditions. If the airplane is to be increases through a particular value. dispatched in a known system failure Alpha-limit. The maximum steady (B) Idle thrust and Alpha-floor System condition that affects structural incidence at which the airplane inhibited. performance, or affects the reliability of stabilizes with the High Incidence (C) All combinations of flap settings the remaining system to maintain Protection System operating and the and landing gear positions. structural performance, then the longitudinal control held on its aft stop. (D) The weight used when VSR is provisions of these special conditions Vmin. The minimum steady flight being used as a factor to determine must be met for the dispatched speed, for the airplane configuration compliance with a required condition and for subsequent failures. under consideration and with the High performance standard. Flight limitations and expected Incidence Protection System operating, (E) The most unfavorable center of operational limitations may be taken is the final stabilized Calibrated gravity allowable, and into account in establishing Qj as the Airspeed obtained when the airplane is (F) The airplane trimmed for straight combined probability of being in the decelerated at an entry rate not flight at a speed achievable by the dispatched failure condition and the exceeding 1 knot per second until the automatic trim system. subsequent failure condition for the longitudinal pilot controller is on its (iii) Vmin1g. Vmin corrected to 1g safety margins in Figures 2 and 3. These stop. conditions. It is the minimum calibrated limitations must be such that the Vmin1g. Vmin corrected to 1g airspeed at which the airplane can probability of being in this combined conditions. It is the minimum develop a lift force normal to the flight failure state and then subsequently Calibrated Airspeed at which the path and equal to its weight when at an encountering limit load conditions is airplane can develop a lift force normal angle of attack not greater than that extremely improbable. No reduction in to the flight path and equal to its weight determined for Vmin. Vmin1g is defined as these safety margins is allowed if the when at an angle of attack not greater follows: subsequent system failure rate is greater than that determined for Vmin. ¥3 (2) Capability and Reliability of the V than 10 per hour. V1g= min High Incidence Protection System: In min n 2. Electronic Flight Control System: lieu of compliance with the zw Longitudinal Stability and Low Energy requirements of previously issued where nZW = load factor normal to the Awareness Special Conditions No. 25–ANM–69, flight path at Vmin (a) The following special conditions this special condition requires that (iv) The Reference Stall Speed, VSR, is are in lieu of compliance with the acceptable capability and reliability of a calibrated airspeed defined by the requirements of 14 CFR 25.171, 25.173, the High Incidence Protection System applicant. VSR may not be less than a 1- 25.175, and 25.181(a), and in lieu of must be established by flight test, g stall speed. VSR is expressed as: compliance with the previously issued simulation, and analysis as appropriate. Special Conditions No. 25–ANM–69 The capability and reliability required V V ≥ CLMAX (Docket No. NM–75), item 11(b) ‘‘Flight are as follows: SR n Characteristics—Longitudinal (i) It shall not be possible during pilot zw Stability.’’ induced maneuvers to encounter a stall where: (1) The airplane must be shown to and handling characteristics shall be VCLMAX = Calibrated airspeed obtained have suitable dynamic and static acceptable, as required by special when the load factor-corrected lift longitudinal stability in any condition condition item 3(a)(5) of this special coefficient normally encountered in service, condition. including the effects of atmospheric (ii) The airplane shall be protected nW disturbance. against stalling due to the effects of zw (2) The airplane must provide windshears and gusts at low speeds as qS adequate awareness to the pilot of a low required by special condition item energy state when flight control laws 3(a)(6) of this special condition. is first a maximum during the maneuver provide neutral longitudinal stability (iii) The ability of the High Incidence prescribed in paragraph (v)(H) of this significantly below the normal operating Protection System to accommodate any section. speeds. reduction in stalling incidence resulting nZW = Load factor normal to the flight from residual ice must be verified. path at VCLMAX 3. High Incidence Protection and Alpha- (iv) The reliability of the system and W = Airplane gross weight; Floor Systems the effects of failures must be acceptable S = Aerodynamic reference wing area; (a) The following special conditions in accordance with § 25.1309, and the and are in lieu of compliance with certain 14 associated policy. q = Dynamic pressure.
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Note: Unless Angle of Attack (AOA) (5) Handling Characteristics at High (1) There shall not be any abnormal protection system (stall warning and stall Incidence airplane nose-up pitching. identification) production tolerances are (i) High Incidence Handling (2) There shall not be any acceptably small, so as to produce Demonstrations. In lieu of compliance uncommanded nose-down pitching, insignificant changes in performance determinations, the flight test settings for with the requirements of § 25.201 the which would be indicative of stall. stall warning and stall identification should following apply: However, reasonable attitude changes be set at the low AOA tolerance limit; high (A) Maneuvers to the limit of the associated with stabilizing the incidence AOA tolerance limits should be used for longitudinal control, in the nose up at alpha limit as the longitudinal control characteristics evaluations. direction, must be demonstrated in reaches the stop would be acceptable. straight flight and in 30 degree banked Any reduction of pitch attitude (v) VSR must be determined with the following conditions: turns with: associated with stabilizing the incidence (A) Engines idling, or, if that resultant (1) The high incidence protection at the alpha limit should be achieved thrust causes an appreciable decrease in system operating normally. smoothly and at a low pitch rate, such stall speed, not more than zero thrust at (2) Initial power condition of: that it is not likely to be mistaken for (i) Power off the stall speed. natural stall identification. (B) The airplane in other respects (ii) The power necessary to maintain (3) There shall not be any (such as flaps and landing gear) in the level flight at 1.5 VSR1, where VSR1 is the uncommanded lateral or directional condition existing in the test or stall speed with the flaps in the motion, and the pilot must retain good approach position, the landing gear performance standard in which VSR is lateral and directional control, by being used. retracted, and the maximum landing conventional use of the cockpit weight. The flap position to be used to (C) The weight used when VSR is controllers, throughout the maneuver. being used as a factor to determine determine this power setting is that (4) The airplane must not exhibit compliance with a required position in which the stall speed, VSR1, severe buffeting of a magnitude and performance standard. does not exceed 110 percent of the stall severity that would act as a deterrent to (D) The Center of gravity position that speed, VSR0, with the flaps in the most completing the maneuver. results in the highest value of reference extended landing position. (B) In maneuvers with increased rates stall speed. (3) Alpha-floor system operating of deceleration, some degradation of (E) The airplane trimmed for straight normally unless more severe conditions characteristics is acceptable, associated flight at a speed achievable by the are achieved with alpha-floor inhibited. with a transient excursion beyond the automatic trim system, but not less than (4) Flaps, landing gear and stabilized Alpha-limit. However, the 1.13 VSR and not greater than 1.3 VSR. deceleration devices in any likely airplane must not exhibit dangerous (F) The Alpha-floor system inhibited. combination of positions. characteristics or characteristics that (G) The High Incidence Protection (5) Representative weights within the would deter the pilot from holding the System adjusted to a high enough range for which certification is longitudinal controller on the stop for a incidence to allow full development of requested, and period of time appropriate to the the 1g stall. (6) The airplane trimmed for straight maneuvers. (H) Starting from the stabilized trim flight at a speed achievable by the (C) It must always be possible to condition, apply the longitudinal automatic trim system. reduce incidence by conventional use of control to decelerate the airplane so that (B) The following procedures must be the controller. the speed reduction does not exceed one used to show compliance with the (D) The rate at which the airplane can knot per second. requirements of special condition item be maneuvered from trim speeds (vi) The flight characteristics at the 3(a)(5)(ii). associated with scheduled operating
AOA for VCLMAX must be suitable in the (1) Starting at a speed sufficiently speeds such as V2 and Vref up to Alpha- traditional sense at FWD and AFT CG in above the minimum steady flight speed limit shall not be unduly damped or straight and turning flight at IDLE to ensure that a steady rate of speed significantly slower than can be power. Although for a normal reduction can be established, apply the achieved on conventionally controlled production EFCS and steady full aft longitudinal control so that the speed transport airplanes.
stick this AOA for VCLMAX cannot be reduction does not exceed one knot per (6) Atmospheric Disturbances. achieved, the AOA can be obtained second until the control reaches the Operation of the High Incidence momentarily under dynamic stop. Protection System and the Alpha-floor circumstances and deliberately in a (2) The longitudinal control must be System must not adversely affect aircraft steady state sense with some EFCS maintained at the stop until the airplane control during expected levels of failure conditions. has reached a stabilized flight condition atmospheric disturbances, nor impede (4) Stall Warning and must then be recovered by normal the application of recovery procedures (i) Normal Operation. If the recovery techniques. in case of windshear. Simulator tests conditions of special conditions item (3) The requirements for turning flight and analysis may be used to evaluate 3(a)(2) are satisfied, equivalent safety to maneuver demonstrations must also be such conditions, but must be validated the intent of § 25.207, Stall Warning, met with accelerated rates of entry to by limited flight testing to confirm shall be considered to have been met the incidence limit, up to the maximum handling qualities at critical loading without provision of an additional, rate achievable. conditions. unique warning device. (ii) Characteristics in High Incidence (7) Alpha Floor. (ii) Failure Cases. Following failures Maneuvers. In lieu of compliance with The Alpha-floor setting must be such of the High Incidence Protection the requirements of § 25.203, the that the aircraft can be flown at normal System, not shown to be extremely following apply: landing operational speed and improbable, such that the capability of (A) Throughout maneuvers with a rate maneuvered up to bank angles the system no longer satisfies special of deceleration of not more than 1 knot consistent with the flight phase conditions item 3(a)(2)(i), (ii), and (iii), per second, both in straight flight and in (including the maneuver capabilities stall warning must be provided in 30 degree banked turns, the airplane’s specified in § 25.143(g)) of the 1-g stall accordance with §§ 25.207(a), (b) and (f). characteristics shall be as follows: Equivalent Safety Finding without
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triggering Alpha-floor. In addition, there 302, and AT–400A airplanes that have North Capitol Street, NW, suite 700, must be no Alpha-floor triggering unless aluminum spar caps; certain Air Tractor Washington, DC. appropriate when the airplane is flown Models AT–400 airplanes that have FOR FURTHER INFORMATION CONTACT: in usual operational maneuvers and in aluminum spar caps; and all Models Andy McAnaul, Aerospace Engineer, turbulence. AT–300 and AT–301 airplanes that have FAA, Fort Worth Airplane Certification (8) In lieu of compliance with the aluminum spar caps and are or have Office, 2601 Meacham Boulevard, Fort requirements of § 25.145, the following been converted to turbine power. This Worth, Texas 76193–0150; telephone: apply: AD requires you to inspect (one-time) (817) 222–5156; facsimile: (817) 222– (i) It must be possible, at any point the wing centerline splice joint for 5960. between the trim speed prescribed in cracks and, if any crack is found, SUPPLEMENTARY INFORMATION: special condition item 3(a)(ii)(F), and replace the affected wing spar lower Vmin, to pitch the nose downward so that cap. This AD also requires you to report Discussion the acceleration to this selected trim the results of the inspection to the speed is prompt with: Federal Aviation Administration (FAA) What Events Have Caused This AD? (ii) The airplane trimmed at the trim and replace the wing spar lower caps Recently, the wing of an Air Tractor speed prescribed in special condition after a certain amount of usage. This AD Model AT–400A separated from the item 3(a)(ii)(F); is the result of an incident on one of the airplane during flight. Investigation (A) The landing gear extended; affected airplanes where the wing reveals that the right-hand lower spar (B) The wing flaps retracted and separated from the airplane. Preliminary cap failed due to fatigue at the 3⁄8-inch extended; and reports indicate that fatigue caused the outboard bolt, which is located 6.5 (C) Power off and at maximum lower aluminum spar cap to fail across inches outboard of the fuselage continuous power on the engines. the 3⁄8-inch bolt hole (6.5 inches centerline. (9) In lieu of compliance with the outboard of the fuselage centerline in The following airplanes have a similar requirements of § 25.145(b)(6), the the centersplice connection). The type design to that of the accident following apply: actions specified by this AD are airplane: With power off, flaps extended and intended to detect and correct cracks in —All Models AT–300, AT–301, AT– the airplane trimmed at 1.3 VSR1, obtain the wing centerline splice joint. If not 302, and AT–400A airplanes that have and maintain airspeeds between Vmin detected and corrected, these cracks aluminum spar caps; and either 1.6VSR1 or VFE, whichever is could eventually result in the wing —Air Tractor Models AT–400 airplanes, lower. separating from the airplane during serial numbers 400–0244 through (10) In lieu of compliance with the flight. 400–0415, that have aluminum spar requirements of § 25.1323(c), the DATES: This AD becomes effective on caps; and following apply: July 9, 2002. —All Models AT–300 and AT–301 (i) VMO to Vmin with the flaps airplanes that have aluminum spar The Director of the Federal Register retracted; and caps and are or have been converted approved the incorporation by reference (ii) Vmin to VFE with flaps in the to turbine power. landing position. of certain publications listed in the regulation as of July 9, 2002. In addition, some airplanes have had Issued in Renton, Washington, on June 17, The FAA must receive any comments Snow Engineering Co. Service Letter 2002. on this rule on or before August 23, #55 incorporated. When incorporated, Kalene C. Yanamura, 2002. the affected area would be (1) the left Acting Manager, Transport Airplane and right side second outermost 7⁄16- Directorate, Aircraft Certification Service. ADDRESSES: Submit comments to FAA, inch boltholes, which are located 5.38 [FR Doc. 02–16386 Filed 6–28–02; 8:45 am] Central Region, Office of the Regional inches from centerline; and (2) the left 3 BILLING CODE 4910–13–P Counsel, Attention: Rules Docket No. and right side outermost ⁄8-inch 2002–CE–22–AD, 901 Locust, Room boltholes, which are located 6.5 inches 506, Kansas City, Missouri 64106. You outboard from centerline. DEPARTMENT OF TRANSPORTATION may view any comments at this location between 8 a.m. and 4 p.m., Monday What Are the Consequences if the Federal Aviation Administration through Friday, except Federal holidays. Condition is Not Corrected? You may also send comments If not detected and corrected in a 14 CFR Part 39 electronically to the following address: timely manner, cracks in the wing [Docket No. 2002–CE–22–AD; Amendment [email protected]. Comments centerline splice joint could eventually 39–12789; AD 2002–13–02] sent electronically must contain result in the wing separating from the ‘‘Docket No. 2002–CE–22–AD’’ in the airplane during flight. RIN 2120–AA64 subject line. If you send comments Is There Service Information That electronically as attached electronic Airworthiness Directives; Air Tractor, Applies to This Subject? files, the files must be formatted in Inc. Models AT–300, AT–301, AT–302, Microsoft Word 97 for Windows or Air Tractor has issued the following: AT–400, and AT–400A Airplanes ASCII text. —Snow Engineering Co. Process AGENCY: Federal Aviation You may get the service information Specification 197, dated February 23, Administration, DOT. referenced in this AD from Air Tractor, 2001; Revised May 1, 2002, and ACTION: Final rule; request for Inc., P.O. Box 485, Olney, Texas 76374. Revised May 3, 2002, which specify comments. You may view this information at FAA, procedures for accomplishing an eddy Central Region, Office of the Regional current inspection of the wing SUMMARY: This amendment adopts a Counsel, Attention: Rules Docket No. centerline splice joint on the affected new airworthiness directive (AD) that 2002–CE–22–AD, 901 Locust, Room airplanes; and applies to all Air Tractor, Inc. (Air 506, Kansas City, Missouri 64106; or at —Snow Engineering Co. Service Letter Tractor) Models AT–300, AT–301, AT– the Office of the Federal Register, 800 #220, dated May 3, 2002, which
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specifies the procedures for gaining Comments Invited been determined further that this action access to perform the eddy current involves an emergency regulation under How Do I Comment on This AD? inspection. DOT Regulatory Policies and Procedures Although this action is in the form of (44 FR 11034, February 26, 1979). If it The FAA’s Determination and an a final rule and was not preceded by is determined that this emergency Explanation of the Provisions of this AD notice and opportunity for public regulation otherwise would be What Has FAA Decided? comment, FAA invites your comments significant under DOT Regulatory on the rule. You may submit whatever Policies and Procedures, a final The FAA has reviewed all available written data, views, or arguments you regulatory evaluation will be prepared information and determined that: choose. You need to include the rule’s and placed in the Rules Docket —The unsafe condition referenced in docket number and submit your (otherwise, an evaluation is not this document exists or could develop comments to the address specified required). A copy of it, if filed, may be on other Air Tractor Models AT–300, under the caption ADDRESSES. We will obtained from the Rules Docket. AT–301, AT–302, AT–400, and AT– consider all comments received on or 400A airplanes of the same type before the closing date specified above. List of Subjects in 14 CFR Part 39 design; We may amend this rule in light of comments received. Factual information Air transportation, Aircraft, Aviation —A one-time eddy current inspection that supports your ideas and suggestions safety, Incorporation by reference, should be accomplished on these is extremely helpful in evaluating the Safety. airplanes to detect and correct cracks effectiveness of the AD action and in the wing centerline splice joint; Adoption of the Amendment determining whether we need to take —The wing lower spar caps should be additional rulemaking action. Accordingly, under the authority replaced at a certain time; and delegated to me by the Administrator, —Final rule; request for comments Are There Any Specific Portions of the AD I Should Pay Attention to? the Federal Aviation Administration (immediately adopted rule) AD action amends part 39 of the Federal Aviation should be taken to address this We specifically invite comments on Regulations (14 CFR part 39) as follows: condition. the overall regulatory, economic, environmental, and energy aspects of PART 39—AIRWORTHINESS What Does This AD Require? the rule that might suggest a need to DIRECTIVES This AD requires you to inspect (one- modify the rule. You may view all time) the wing centerline splice joint for comments we receive before and after 1. The authority citation for part 39 cracks and, if any crack is found, the closing date of the rule in the Rules continues to read as follows: Docket. We will file a report in the replace the affected wing spar lower Authority: 49 U.S.C. 106(g), 40113, 44701. cap. This AD also requires you to report Rules Docket that summarizes each FAA the results of the inspection to FAA and contact with the public that concerns § 39.13 [Amended] replace the wing spar lower caps after the substantive parts of this AD. 2. FAA amends § 39.13 by adding a a certain amount of usage. How Can I be Sure FAA Receives My new airworthiness directive (AD) to Comment? You must accomplish these actions in read as follows: accordance with the previously- If you want us to acknowledge the 2002–13–02 Air Tractor, Inc.: Amendment referenced service information. receipt of your comments, you must 39–12789; Docket No. 2002–CE–22–AD. We will evaluate the information include a self-addressed, stamped received from the reporting requirement postcard. On the postcard, write (a) What airplanes are affected by this AD? of this AD to determine whether ‘‘Comments to Docket No. 2002–CE–22– This AD applies to the following airplanes additional rulemaking action should be AD.’’ We will date stamp and mail the that are certificated in any category: taken. This could include repetitive postcard back to you. (1) Models AT–300, AT–301, AT–302, and inspections, parts replacement, AT–400A airplanes, all serial numbers, that Regulatory Impact modifications, or no further action. have aluminum spar caps; (2) Models AT–400 airplanes, serial In preparation of this rule, we Does This AD Impact Various Entities? numbers 400–0244 through 400–0415, that contacted type clubs and aircraft These regulations will not have a have aluminum spar caps; and operators to obtain technical substantial direct effect on the States, on (3) Models AT–300 and AT–301 airplanes, information and information on the relationship between the national all serial numbers that have aluminum spar operational and economic impacts. We Government and the States, or on the caps and are or have been converted to have included, in the rulemaking distribution of power and turbine power. docket, a discussion of information that responsibilities among the various (b) Who must comply with this AD? may have influenced this action. levels of government. Therefore, FAA Anyone who wishes to operate any airplane Will I have the Opportunity To has determined that this final rule does identified in paragraph (a)(1), (a)(2), or (a)(3) Comment Prior to the Issuance of the not have federalism implications under of this AD must comply with this AD. Rule? Executive Order 13132. (c) What problem does this AD address? Does This AD Involve a Significant Rule The actions specified by this AD are intended Because the unsafe condition to detect and correct cracks in the wing or Regulatory Action? described in this document could result centerline splice joint. If not detected and in the wing separating from the airplane We have determined that this corrected, these cracks could eventually during flight, we find that notice and regulation is an emergency regulation result in the wing separating from the opportunity for public prior comment that must be issued immediately to airplane during flight. are impracticable. Therefore, good cause correct an unsafe condition in aircraft, (d) What must I do to address this exists for making this amendment and is not a significant regulatory action problem? To address this problem, you must effective in less than 30 days. under Executive Order 12866. It has accomplish the following actions:
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Actions Compliance Procedures
(1) Inspect, using eddy current inspection For affected airplanes (turbine-powered or pis- Inspect in accordance with Snow Engineering methods, the wing centerline splice joint. The ton engine-powered) with at least one wing Co. Service Letter #220, dated May 3, particular inspection area depends on wheth- spar lower cap having 6,990 or more hours 2002; and Snow Enigneering Co. Process er Snow Engineering Service Letter #55 is time-in-service (TIS) as of the effective date Specification 197, dated February 23, 2001; incorporated. Specifics are included in the of this AD: Inspect within the next 10 hours Revised May 1, 2002, or Revised May 3, service information. The inspection must be TIS after July 9, 2002 (the effective date of 2002. accompanied by one of the following: (i) a this AD), unless already accomplished after Level 2 or Level 3 inspector that is certified accumulating 6,000 hours TIS; For affected for eddy-current inspection using the guide- piston engine-powered airplanes with at lines established by the American Society for least one wing spar lower cap having less Nondestructive Testing or MIL–STD–410; or than 6,990 hours TIS as of the effective (ii) A person authorized to perform AD work date of this AD: Inspect upon the accumula- who has completed and passed the Air Trac- tion of 6,000 hours TIS or within the next 50 tor, Inc. training course on Eddy Current In- hours TIS after July 9, 2002 (the effective spection on wing lower spar caps. date of this AD), whichever occurs later, un- less already accomplished after accumu- lating 6,000 hours TIS; or For affected tur- bine-powered aiplanes with at least one wing spar lower cap having less than 6,999 hours TIS as of the effective day of this AD. Upon the accumulation of 4,000 hours TIS or within the next 50 hours TIS after July 9, 2002 (the effective date of this AD), which- ever occurs later, unless already accom- plished after accumlating 4,000 hours TIS. (2) If cracks are found during the inspection re- Prior to further flight after the inspection re- In accordance with the instructions in the ap- quired by paragraph (d)(1) of this AD, re- quired by paragraph (d)(1) of this AD. plicable maintenance manual. place the affected wing spar lower cap. (3) Report the results of the inspection in para- If the inspection is accomplished after the ef- Submit the form (Figure 1 of paragraph (d)(3) graph (d)(1) of this AD to FAA. The Office of fective date of this AD: Within 10 days after of this AD) to FAA, Fort Worth Airplane Cer- Management and Budget (OMB) approved the inspection required in paragraph (d)(1) tification Office, 2601 Meacham Boulevard, the information collection requirements con- of this AD; or If the inspection was already Fort Worth, Texas 76193–0150; telephone: tained in this regulation under the provisions accomplished prior to the effective date of (817) 222–5156; facsimile: (817) 222–5960. of the Paperwork Reduction Act of 1980 (44 this AD: within the next 10 days after July U.S.C. 3501 et seq.) and assigned OMB 9, 2002 (the effective date of this AD). Control Number 2120–0056. (4) Replace each wing spar lower cap ...... Replace each lower cap upon the accumula- In accordance with instructions in the applica- tion of 7,000 hours TIS on each wing spar ble maintenance manual. lower cap or within the next 200 hours TIS after July 9, 2002 (the effective date of this AD), whichever occurs later.
BILLING CODE 491013U
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(e) Can I comply with this AD in any other FAA can issue a special flight permit under Regional Counsel, 901 Locust, Room 506, way? You may use an alternative method of sections 21.197 and 21.199 of the Federal Kansas City, Missouri, or at the Office of the compliance or adjust the compliance time if: Aviation Regulations (14 CFR 21.197 and Federal Register, 800 North Capitol Street, (1) Your alternative method of compliance 21.199) to operate your airplane to a location NW, suite 700, Washington, DC. provides an equivalent level of safety; and where you can accomplish the requirements (h) When does this amendment become (2) The Manager, Fort Worth Airplane of this AD provided that the following is effective? This amendment becomes effective Certification Office (ACO), approves your adhered to: alternative. Submit your request through an (1) Operate in day visual flight rules (VFR) on July 9, 2002. FAA Principal Maintenance Inspector. The only. Issued in Kansas City, Missouri, on June inspector may add comments before sending (2) Ensure that the hopper is empty. 18, 2002. it to the Manager, Fort Worth ACO. (3) Limit airspeed to 135 miles per hour Michael Gallagher, Note: This AD applies to each airplane (mph) indicated airspeed (IAS). identified in paragraphs (a)(1), (a)(2), and (4) Avoid any unnecessary g-forces. Manager, Small Airplane Directorate, Aircraft (a)(3) of this AD, regardless of whether it has (5) Avoid areas of turbulence. Certification Service. been modified, altered, or repaired in the (6) Plan the flight to follow the most direct [FR Doc. 02–15937 Filed 6–28–02; 8:45 am] area subject to the requirements of this AD. route. BILLING CODE 4910–13–U For airplanes that have been modified, (g) Are any service bulletins incorporated altered, or repaired so that the performance into this AD by reference? Replacement and of the requirements of this AD is affected, the inspection actions required by this AD must owner/operator must request approval for an be done in accordance with Snow alternative method of compliance in Engineering Co. Service Letter #220, dated accordance with paragraph (e) of this AD. May 3, 2002; and Snow Engineering Co. The request should include an assessment of Process Specification 197, dated February 23, the effect of the modification, alteration, or 2001, Revised May 1, 2002, or Revised May repair on the unsafe condition addressed by 3, 2002. The Director of the Federal Register this AD; and, if you have not eliminated the approved this incorporation by reference unsafe condition, specific actions you under 5 U.S.C. 552(a) and 1 CFR part 51. You propose to address it. can get copies from Air Tractor, Inc., P.O. (f) What if I need to fly the airplane to Box 485, Olney, Texas 76374. You may view another location to comply with this AD? The copies at FAA, Central Region, Office of the
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DEPARTMENT OF TRANSPORTATION Downsview, Ontario, Canada M3K 1Y5; Register as a notice of proposed telephone: (416) 633–7310. You may rulemaking (NPRM) on March 4, 2002 Federal Aviation Administration view this information at the Federal (67 FR 9627). The NPRM proposed to Aviation Administration (FAA), Central require you to modify the elevator tip 14 CFR Part 39 Region, Office of the Regional Counsel, rib on each elevator; repetitively inspect [Docket No. 97–CE–70–AD; Amendment 39– Attention: Rules Docket No. 97–CE–70– underneath the mass balance weights at 12796; AD 2002–13–08] AD, 901 Locust, Room 506, Kansas City, the elevator rib tip for corrosion; and Missouri 64106; or at the Office of the either remove the corrosion or replace RIN 2120–AA64 Federal Register, 800 North Capitol the corroded elevator tip rib depending Street, NW, suite 700, Washington, DC. Airworthiness Directives; de Havilland on the corrosion damage. FOR FURTHER INFORMATION CONTACT: Mr. Inc. Models DHC–2 Mk. I, DHC–2 Mk. II, Was the Public Invited To Comment? and DHC–2 Mk. III Airplanes Jon Hjelm, Aerospace Engineer, New York Aircraft Certification Office, 10 The FAA encouraged interested AGENCY: Federal Aviation Fifth Street, 3rd Floor, Valley Stream, persons to participate in the making of Administration, DOT. New York, 11581–1200, telephone: this amendment. We did not receive any ACTION: Final rule. (516) 256–7523, facsimile: (516) 568– comments on the proposed rule or on 2716. our determination of the cost to the SUMMARY: This amendment adopts a SUPPLEMENTARY INFORMATION: public. new airworthiness directive (AD) that applies to certain de Havilland Inc. (de Discussion FAA’s Determination Havilland) Models DHC–2 Mk. I, DHC– What Events Have Caused This AD? What Is FAA’s Final Determination on 2 Mk. II, and DHC–2 Mk. III airplanes. This Issue? This AD requires you to modify the Transport Canada, which is the After careful review of all available elevator tip rib on each elevator; airworthiness authority for Canada, information related to the subject repetitively inspect underneath the notified FAA that an unsafe condition presented above, we have determined mass balance weights at each elevator may exist on certain de Havilland that air safety and the public interest tip rib for corrosion; and either remove Models DHC–2 Mk. I, DHC–2 Mk. II, require the adoption of the rule as the corrosion or replace a corroded and DHC–2 Mk. III airplanes. Transport proposed except for minor editorial elevator tip rib depending on the Canada reports incidents of corrosion corrections. We have determined that corrosion damage. This AD is the result found in the area of the elevator tip rib these minor corrections: of mandatory continuing airworthiness underneath the mass balance weights on information (MCAI) issued by the several of the above-referenced —Provide the intent that was proposed airworthiness authority for Canada. The airplanes. in the NPRM for correcting the unsafe actions specified by this AD are What Is the Potential Impact if FAA condition; and intended to detect and correct corrosion Took no Action? —Do not add any additional burden in the mass balance weights at the upon the public than was already These conditions, if not detected and elevator tip ribs, which could result in proposed in the NPRM. corrected, could result in loss of balance loss of balance weight during flight and weight during flight and the elevator Cost Impact the elevator control surface separating control surface separating from the from the airplane. How Many Airplanes Does This AD airplane. DATES: This AD becomes effective on Impact? August 13, 2002. Has FAA Taken Any Action to This We estimate that this AD affects 160 The Director of the Federal Register Point? airplanes in the U.S. registry. approved the incorporation by reference We issued a proposal to amend part What is the Cost Impact of This AD on of certain publications listed in the 39 of the Federal Aviation Regulations Owners/Operators of the Affected regulations as of August 13, 2002. (14 CFR part 39) to include an AD that Airplanes? ADDRESSES: You may get the service would apply to certain de Havilland information referenced in this AD from Models DHC–2 Mk. I, DHC–2 Mk. II, We estimate the following costs to Bombardier Inc., Bombardier Regional and DHC–2 Mk. III airplanes. This accomplish the modification and initial Aircraft Division, 123 Garratt Boulevard, proposal was published in the Federal inspection:
Total cost Labor cost Parts cost per Total cost on U.S. airplane operators
13 workhours × $60 = $780 ...... No parts cost required ...... $780 $780 × 160 = $124,800
These figures only take into account airplane or the number of elevator tip Why Is the Compliance Time Presented the modification and initial inspection ribs that will need to be replaced. in Calendar Time Instead of Hours costs and do not take into account the Time-in-Service (TIS)? Compliance Time of This AD costs of any of the repetitive inspections We have determined that a calendar or the cost to replace any elevator tip rib What Will be the Compliance Time of time compliance is the most desirable that would be found corroded past a This AD? method because the unsafe condition certain extent. We have no way of described in this AD is caused by determining the number of repetitive The compliance time of this AD is ‘‘within the next 6 calendar months corrosion. Corrosion develops regardless inspections each owner/operator will of whether the airplane is in service and after the effective date of this AD.’’ incur over the life of each affected is not a result of airplane operation.
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Therefore, to ensure that the above- ‘‘significant rule’’ under DOT PART 39—AIRWORTHINESS referenced condition is detected and Regulatory Policies and Procedures (44 DIRECTIVES corrected on all airplanes within a FR 11034, February 26, 1979); and (3) reasonable period of time without will not have a significant economic 1. The authority citation for part 39 inadvertently grounding any airplanes, a impact, positive or negative, on a continues to read as follows: compliance schedule based upon substantial number of small entities Authority: 49 U.S.C. 106(g), 40113, 44701. calendar time instead of hours TIS is under the criteria of the Regulatory § 39.13 [Amended] required. Flexibility Act. A copy of the final 2. FAA amends § 39.13 by adding a evaluation prepared for this action is Regulatory Impact new AD to read as follows: contained in the Rules Docket. A copy Does This AD Impact Various Entities? 2002–13–08 de Havilland Inc.: Amendment of it may be obtained by contacting the 39–12796; Docket No. 97–CE–70–AD. The regulations adopted herein will Rules Docket at the location provided (a) What airplanes are affected by this AD? not have a substantial direct effect on under the caption ADDRESSES. This AD affects Models DHC–2 Mk. I, DHC– the States, on the relationship between 2 Mk. II, and DHC–2 Mk. III airplanes, all the national government and the States, List of Subjects in 14 CFR Part 39 serial numbers, certificated in any category. or on the distribution of power and Air transportation, Aircraft, Aviation (b) Who must comply with this AD? responsibilities among the various Anyone who wishes to operate any of the levels of government. Therefore, it is safety, Incorporation by reference, airplanes identified in paragraph (a) of this determined that this final rule does not Safety. AD must comply with this AD. (c) What problem does this AD address? have federalism implications under Adoption of the Amendment Executive Order 13132. The actions specified by this AD are intended to detect and correct corrosion in the mass Does this AD Involve a Significant Rule Accordingly, under the authority balance weights at the elevator tip ribs, or Regulatory Action? delegated to me by the Administrator, which could result in loss of balance weight the Federal Aviation Administration during flight and the elevator control surface For the reasons discussed above, I amends part 39 of the Federal Aviation separating from the airplane. certify that this action (1) is not a Regulations (14 CFR part 39) as follows: (d) What actions must I accomplish to ‘‘significant regulatory action’’ under address this problem? To address this Executive Order 12866; (2) is not a problem, you must accomplish the following:
Actions Compliance Procedures
(1) For all affected airplanes: cut an access Within the next 6 calendar months after Au- In accordance with the ACCOMPLISHMENT hole and fabricate and install an access gust 13, 2002 (the effective date of this AD). INSTRUCTIONS section of either de cover and ring doubler on the elevator tip rib Havilland Beaver Service Bulletin Number of each elevator. 2/50, dated May 9, 1997 (for Models DHC– 2 Mk. I and DHC–2 Mk. II airplanes); or de Havilland Beaver Service Bulletin Number TB/58, dated May 9, 1997 (for Model DHC– 2 Mk. III airplanes), as applicable. (2) For all affected airplanes: inspect under- Within the next 6 calendar months after Au- In accordance with the ACCOMPLISHMENT neath the mass balance weights at each ele- gust 13, 2002 (the effective date of this AD) INSTRUCTIONS section of either de vator tip rib for corrosion. and thereafter at intervals not to exceed 5 Havilland Beaver Service Bulletin Number years. 2/50, dated May 9, 1997 (for Models DHC– 2 Mk. I and DHC–2 Mk. II airplanes); or de Havilland Beaver Service Bulletin number TB/58, dated May 9, 1997 (for Model DHC– 2 Mk. III airplanes), as applicable. (3) For all affected airplanes: if corrosion is Prior to further flight after any inspection re- In accordance with the ACCOMPLISHMENT found (during any inspection required by quired in paragraph d(2) of this AD where INSTRUCTIONS section of either de paragraph (d)(2) of this AD) that is equal to the applicable corrosion is found. Havilland Beaver Service Bulletin Number or less than 0.004 inches depth, remove the 2/50, dated May 9, 1997 (for Models DHC– corrosion. 2 Mk. I and DHC–2 Mk. II airplanes); or de Havilland Beaver Service Bulletin Number TB/58, dated May 9, 1997 (for Model DHC– 2 Mk. III airplanes), as applicable. (4) For all affected airplanes: if corrosion is Prior to further flight after any inspection re- In accordance with the ACCOMPLISHMENT found (during any inspection required by quired in paragraph d(2) of this AD where INSTRUCTIONS section of either de paragraph (d)(2) of this AD) that is greater the applicable corrosion is found. Havilland Beaver Service Bulletin Number than 0.004 inches depth, accomplish one of 2/50, dated May 9, 1997 (for Models DHC– the following:. 2 Mk. I and DHC–2 Mk. II airplanes); or de (i) use the procedures in the service bulletin to Havilland Beaver Service Bulletin Number manufacture a new tip rib, part number TB/58, dated May 9, 1997 (for Model DHC– 2DKC2–TE–77, and replace the affected tip 2 Mk. III airplanes), as applicable. rib with this new tip rib; or (ii) replace any affected elevator tip rib with a part number (P/N) C2–TE–103AND elevator tip rib. You may obtain a P/N C2–TE– 103AND elevator tip rib from Viking Air Lim- ited, 9574 Hampden Road, Sidney, BC, Can- ada VL8 SV5.
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Actions Compliance Procedures
(5) In addition to that required by paragraph Prior to further flight after any inspection re- In accordance with the ACCOMPLISHMENT (d)(4) of this AD for the affected DHC–2 MK quired in paragraph d(2) of this AD where INSTRUCTIONS section of de Havilland III airplanes: if corrosion is found (during any the applicable corrosion is found.. Beaver Service Bulletin Number TB/58, inspection required by paragraph (d)(2) of dated May 9, 1997. this AD) that is greater than 0.004 inches depth on the channel, accomplish one of the following:. (i) use the procedures in the service bulletin to manufacture a new channel replacement, part number 2DKC2TE1020–13, and replace the affected channel with this new channel; or (ii) replace the channel with a part number (P/ N) C2–TE–89ND channel. You may obtain a P/N C2–TE–89ND channel from Viking Air Limited, 9574 Hampden Road, Sidney, BC, Canada VL8 SV5.
Note 1: General maintenance procedures Register approved this incorporation by IRU’s for proper function and remove specify that the elevators should be reference under 5 U.S.C. 552(a) and 1 CFR the IRU either immediately or at a rebalanced any time work is done in that part 51. You may get copies from Bombardier certain time depending on the result of area. Inc., Bombardier Regional Aircraft Division, the inspection. This AD is the result of 123 Garratt Boulevard, Downsview, Ontario, (e) Can I comply with this AD in any other a report that these IRU’s may not way? You may use an alternative method of Canada M3K 1Y5. You may view copies at the FAA, Central Region, Office of the function when using backup battery compliance or adjust the compliance time if: power in certain installations. The (1) Your alternative method of compliance Regional Counsel, 901 Locust, Room 506, provides an equivalent level of safety; and Kansas City, Missouri, or at the Office of the actions specified by this AD are (2) The Manager, New York Aircraft Federal Register, 800 North Capitol Street, intended to ensure the correct transition Certification Office (ACO), approves your NW, suite 700, Washington, DC. of the IRU to backup battery power alternative. Submit your request through an Note 3: The subject of this AD is addressed upon the loss of primary power. Failure FAA Principal Maintenance Inspector, who in Canadian AD No. CF–97–06, dated May of an IRU to transition to backup battery may add comments and then send it to the 28, 1997. power could result in loss of attitude, Manager, New York ACO. (i) When does this amendment become heading, and position reference and Note 2: This AD applies to each airplane effective? This amendment becomes effective lead to the pilot making flight decisions identified in paragraph (a) of this AD, on August 13, 2002. that put the aircraft in unsafe flight regardless of whether it has been modified, Issued in Kansas City, Missouri, on June conditions. altered, or repaired in the area subject to the 21, 2002. requirements of this AD. For airplanes that DATES: This AD becomes effective on have been modified, altered, or repaired so Michael Gallagher, August 9, 2002. that the performance of the requirements of Manager, Small Airplane Directorate, Aircraft The Director of the Federal Register this AD is affected, the owner/operator must Certification Service. approved the incorporation by reference request approval for an alternative method of [FR Doc. 02–16306 Filed 6–28–02; 8:45 am] of certain publications listed in the compliance in accordance with paragraph (e) BILLING CODE 4910–13–P regulations as of August 9, 2002. of this AD. The request should include an assessment of the effect of the modification, ADDRESSES: You may get the service alteration, or repair on the unsafe condition information referenced in this AD from addressed by this AD; and, if you have not DEPARTMENT OF TRANSPORTATION Honeywell, Inc., Customer Response eliminated the unsafe condition, specific Center at 1–877–436–2005. You may Federal Aviation Administration actions you propose to address it. view this information at the Federal (f) Where can I get information about any Aviation Administration (FAA), Central already-approved alternative methods of 14 CFR Part 39 Region, Office of the Regional Counsel, compliance? Contact Mr. Jon Hjelm, [Docket No. 2001–CE–28–AD; Amendment Attention: Rules Docket No. 2001-CE– Aerospace Engineer, New York Aircraft 39–12795; AD 2002–13–07] 28-AD, 901 Locust, Room 506, Kansas Certification Office, 10 Fifth Street, 3rd Floor, Valley Stream, New York, 11581–1200, RIN 2120–AA64 City, Missouri 64106; or at the Office of telephone: (516) 256–7523, facsimile: (516) the Federal Register, 800 North Capitol 568–2716. Airworthiness Directives; Honeywell, Street, NW., suite 700, Washington, DC. (g) What if I need to fly the airplane to Inc. Part Number HG1075AB05 and FOR FURTHER INFORMATION CONTACT: another location to comply with this AD? The HG1075GB05 Inertial Reference Units Wesley Rouse, Aerospace Engineer, FAA can issue a special flight permit under FAA, Chicago Aircraft Certification sections 21.197 and 21.199 of the Federal AGENCY: Federal Aviation Office, 2300 E. Devon Avenue, Des Aviation Regulations (14 CFR 21.197 and Administration, DOT. Plaines, Illinois 60018; telephone: (847) 21.199) to operate your airplane to a location ACTION: Final rule. where you can accomplish the requirements 294–7564; facsimile: (847) 294–7834. of this AD. SUMMARY: This amendment adopts a SUPPLEMENTARY INFORMATION: (h) Are any service bulletins incorporated new airworthiness directive (AD) that Discussion into this AD by reference? Actions required applies to certain Honeywell, Inc. part by this AD must be done in accordance with What Events Have Caused This AD? de Havilland Beaver Service Bulletin Number number (P/N) HG1075AB05 and 2/50, dated May 9, 1997 or de Havilland HG1075GB05 inertial reference units A ground test for proper inertial Beaver Service Bulletin Number TB/58, dated (IRU) that are installed on aircraft. This reference unit (IRU) function revealed a May 9, 1997. The Director of the Federal AD requires you to inspect the affected wiring defect that is attributed to a
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manufacturing error on certain Comment Issue No. 1: Change the List incorporate the affected modification Honeywell, Inc. part number (P/N) of Aircraft That Could Have an Affected status, then they have the corrected HG1075AB05 and HG1075GB05 IRUs. IRU Installed modification status. We concur that this This wiring defect disables the IRU’s can be confusing and we are rewriting What Is the Commenter’s Concern? capability to detect a loss of primary the Applicability to clarify this. input power and transition to backup One commenter requests FAA to Comment Issue No. 3: Add the Toll Free battery input power in some focus on those aircraft where the Phone Number of Where to Obtain installations. affected IRUs would most likely be Service Information The affected IRU’s incorporate the installed. The commenter acknowledges following: that this equipment could be installed What Is the Commenter’s Concern? on other aircraft through the technical —P/N HG1075AB05: any serial number standard order (TSO) or supplemental One commenter requests that FAA (last four digits) 0644 through 0723 type certificate (STC), but points out add the toll free telephone number of (excluding 0652 and 0659) that that the IRUs are primarily used on Honeywell Commercial Aviation incorporates modification status 3; Dassault Falcon Jets. Products to aid in the customer and obtaining service information. —P/N HG1075GB05: any serial number What Is FAA’s Response to the Concern? What Is FAA’s Response to the Concern? (last four digits) 0652 or 0659 that We concur that these IRUs are incorporates modification status 2. primarily used on Dassault Falcon Jets. We concur and will add this toll free We will add a note in the AD that states number in the AD. What Is the Potential Impact if FAA these IRUs are primarily used on early FAA’s Determination Took No Action? manufactured Dassault Falcon Jets, but This condition, if not corrected, could could be incorporated on other aircraft What Is FAA’s Final Determination on result in loss of attitude, heading, and through the TSO or an STC. This Issue? position reference and lead to the pilot Comment Issue No. 2: Write the After careful review of all available making flight decisions that put the Applicability To Ensure That Certain information related to the subject aircraft in unsafe flight conditions. IRU Units Are Not Affected presented above, we have determined that air safety and the public interest Has FAA Taken Any Action to This What Is the Commenter’s Concern? Point? require the adoption of the rule as One commenter requests that FAA proposed except for the additions We issued a proposal to amend part change the Applicability so aircraft described above and minor editorial 39 of the Federal Aviation Regulations incorporating the following are not corrections. We have determined that (14 CFR part 39) to include an AD that affected by this AD: these additions and minor corrections: would apply to certain Honeywell, Inc. —An IRU with a part number of (P/N) —Provide the intent that was proposed part number (P/N) HG1075AB05 and HG1075AB05, any serial number (last in the NPRM for correcting the unsafe HG1075GB05 inertial reference units four digits) 0644 through 0723 condition; and (IRU) that are installed on aircraft. This (excluding 0652 and 0659), that —Do not add any additional burden proposal was published in the Federal incorporates modification status 7; Register as a notice of proposed upon the public than was already and proposed in the NPRM. rulemaking (NPRM) on January 28, 2002 —An IRU with a P/N of HG1075GB05, (67 FR 3844 ). The NPRM proposed to serial number (last four digits) 0652 or Cost Impact require you to inspect any affected IRU 0659, that incorporates modification How Many Airplanes Does This AD for proper function and remove the IRU status 6. Impact? either immediately or at a certain time The commenter points out that this depending on the result of the change will make it clear that the AD We estimate that this AD affects 80 inspection. does not apply to aircraft that already airplanes in the U.S. registry. Was the Public Invited to Comment? incorporate a modified IRU. What Is the Cost Impact of this AD on Owners/Operators of the Affected The FAA encouraged interested What Is FAA’s Response to the Concern? Airplanes? persons to participate in the making of We concur that those airplanes with this amendment. The following presents either of these configurations are not We estimate the following costs to the comments received on the proposal affected by the AD. The presumption in accomplish the inspection and and FAA’s response to each comment: the AD is that if the units do not modification:
Total cost per Total cost on Labor cost Parts cost airplane U.S. operators
2 workhours at $60 per hour = $120 ...... Honeywell to provide at no cost ...... $120 $9,600
Regulatory Impact levels of government. Therefore, it is ‘‘significant regulatory action’’ under determined that this final rule does not Executive Order 12866; (2) is not a Does This AD Impact Various Entities? have federalism implications under ‘‘significant rule’’ under DOT The regulations adopted herein will Executive Order 13132. Regulatory Policies and Procedures (44 not have a substantial direct effect on FR 11034, February 26, 1979); and (3) the States, on the relationship between Does This AD Involve a Significant Rule or Regulatory Action? will not have a significant economic the national government and the States, impact, positive or negative, on a or on the distribution of power and For the reasons discussed above, I substantial number of small entities responsibilities among the various certify that this action (1) is not a
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under the criteria of the Regulatory PART 39—AIRWORTHINESS incorporates modification status 2. This AD Flexibility Act. A copy of the final DIRECTIVES does not apply to these units if they evaluation prepared for this action is incorporate modification status 6. 1. The authority citation for part 39 contained in the Rules Docket. A copy Note 1: These IRUs are primarily used on continues to read as follows: of it may be obtained by contacting the early manufactured Dassault Falcon Jets, but Rules Docket at the location provided Authority: 49 U.S.C. 106(g), 40113, 44701. could be incorporated on other aircraft through the technical standard order (TSO) under the caption ADDRESSES. § 39.13 [Amended] or supplemental type certificate (STC). List of Subjects in 14 CFR Part 39 2. FAA amends § 39.13 by adding a (b) Who must comply with this AD? new AD to read as follows: Anyone who wishes to operate an aircraft Air transportation, Aircraft, Aviation with any of the equipment identified in safety, Incorporation by reference, 2002–13–07 Honeywell, Inc.: Amendment paragraph (a) of this AD installed must 39–12795; Docket No. 2001–CE–28–AD. Safety. comply with this AD. (a) What aircraft are affected by this AD? (c) What problem does this AD address? Adoption of the Amendment This AD affects any aircraft, certificated in The actions specified by this AD are intended any category, that incorporates one of the to ensure the correct transition of the IRU to following: Accordingly, under the authority battery power upon the loss of primary delegated to me by the Administrator, (1) Inertial Reference Unit (IRU) part number (P/N) HG1075AB05, any serial power. Failure of an IRU to transition to the Federal Aviation Administration number (last four digits) 0644 through 0723 backup battery power could result in loss of amends part 39 of the Federal Aviation (excluding 0652 and 0659), that incorporates attitude, heading, and position reference and Regulations (14 CFR part 39) as follows: modification status 3. This AD does not lead to the pilot making flight decisions that apply to these units if they incorporate put the aircraft in unsafe flight conditions. modification status 7; or (d) What actions must I accomplish to (2) IRU P/N HG1075GB05, any serial address this problem? To address this number (last four digits) 0652 or 0659, that problem, you must accomplish the following:
Actions Compliance Procedures
(1) Inspect any affected IRU for proper function Within the next 50 hours time-in-service (TIS) In accordance with the instructions in Honey- after August 9, 2002 (the effective date of well Alert Service Bulletin HG1075AB–34– this AD). A0013, dated May 21, 2001; or Honeywell Alert Service Bulletin HG1075GB–34– A0005, dated May 21, 2001, as applicable. (2) Remove any affected IRU from the airplane. If found to not function properly during the in- In accordance with the instructions in Honey- spection required by paragraph (d)(1) of this well Alert Service Bulletin HG1075AB–34– AD, remove prior to further flight after the A0013, dated May 21, 2001; or Honeywell inspection. If found to function properly, re- Alert Service Bulletin HG1075GB–34– move within 200 hours time-in-service (TIS) A0005, dated May 21, 2001, as applicable. after the inspection required by paragraph (d)(1) of this AD.. (3) Do not install, on any aircraft, one of the As of August 9, 2002 (the effective date of Not Applicable. IRU’s identified in paragraphs (a)(1) and this AD). (a)(2) of this AD, unless it has been modified at Honeywell, Inc. and updated to one of the following: (i) IRU P/N HG1075AB05 IRU Mod 7; or (ii) IRU P/N HG1075GB05 IRU Mod 6..
(e) Can I comply with this AD in any other eliminated the unsafe condition, specific Register approved this incorporation by way? You may use an alternative method of actions you propose to address it. reference under 5 U.S.C. 552(a) and 1 CFR compliance or adjust the compliance time if: (f) Where can I get information about any part 51. You may get copies from Honeywell, (1) Your alternative method of compliance already-approved alternative methods of Inc., Customer Response Center at 1–877– provides an equivalent level of safety; and compliance? Contact Wesley Rouse, 436–2005. You may view copies at the FAA, (2) The Manager, Chicago Aircraft Aerospace Engineer, FAA, Chicago Aircraft Central Region, Office of the Regional Certification Office (ACO), approves your Certification Office, 2300 E. Devon Avenue, Counsel, 901 Locust, Room 506, Kansas City, alternative. Submit your request through an Des Plaines, Illinois 60018; telephone: (847) FAA Principal Maintenance Inspector, who 294–8113; facsimile: (847) 294–7834. Missouri, or at the Office of the Federal may add comments and then send it to the (g) What if I need to fly the airplane to Register, 800 North Capitol Street, NW, suite Manager, Chicago ACO. another location to comply with this AD? The 700, Washington, DC. Note 2: This AD applies to each airplane FAA can issue a special flight permit under (i) When does this amendment become identified in paragraph (a) of this AD, sections 21.197 and 21.199 of the Federal effective? This amendment becomes effective regardless of whether it has been modified, Aviation Regulations (14 CFR 21.197 and on August 9, 2002. altered, or repaired in the area subject to the 21.199) to operate your airplane to a location requirements of this AD. For airplanes that where you can accomplish the requirements Issued in Kansas City, Missouri, on June have been modified, altered, or repaired so of this AD. 20, 2002. that the performance of the requirements of (h) Are any service bulletins incorporated Michael Gallagher, this AD is affected, the owner/operator must into this AD by reference? Actions required Manager, Small Airplane Directorate, Aircraft request approval for an alternative method of by this AD must be done in accordance with compliance in accordance with paragraph (e) Honeywell Alert Service Bulletin Certification Service. of this AD. The request should include an HG1075AB–34-A0013, dated May 21, 2001 or [FR Doc. 02–16307 Filed 6–28–02; 8:45 am] assessment of the effect of the modification, Honeywell Alert Service Bulletin BILLING CODE 4910–13–P alteration, or repair on the unsafe condition HG1075GB–34-A0005, dated May 21, 2001, addressed by this AD; and, if you have not as applicable. The Director of the Federal
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DEPARTMENT OF TRANSPORTATION amends, suspends, or revokes IFR body of technical regulations for which altitudes governing the operation of all frequent and routine amendments are Federal Aviation Administration aircraft in flight over a specified route necessary to keep them operationally or any portion of that route, as well as current. It, therefore—(1) is not a 14 CFR Part 95 the changeover points (COPs) for ‘‘significant regulatory action’’ under [Docket No. 30318; Amdt. No. 436] Federal airways, jet routes, or direct Executive Order 12866; (2) is not a routes as prescribed in part 95. ‘‘significant rule’’ under DOT Regulatory Policies and Procedures (44 IFR Altitudes; Miscellaneous The Rule Amendments FR 11034; February 26, 1979); and (3) The specified IFR altitudes, when does not warrant preparation of a AGENCY: Federal Aviation used in conjunction with the prescribed regulatory evaluation as the anticipated Administration (FAA), DOT. changeover points for those routes, impact is so minimal. For the same ACTION: Final rule. ensure navigation aid coverage that is reason, the FAA certifies that this adequate for safe flight operations and amendment will not have a significant SUMMARY: This amendment adopts miscellaneous amendments to the free of frequency interference. The economic impact on a substantial required IFR (instrument flight rules) reasons and circumstances that create number of small entities under the altitudes and changeover points for the need for this amendment involve criteria for the Regulatory Flexibility certain Federal airway, jet routes, or matters of flight safety and operational Act. efficiency in the National Airspace direct routes for which a minimum or List of Subjects in 14 CFR Part 95 maximum en route authorized IFR System, are related to published altitude is prescribed. This regulatory aeronautical charts that are essential to Airspace, Navigation (air). action is needed because of changes the user, and provide for the safe and Issued in Washington, DC on June 28, occurring in the National Airspace efficient use of the navigable airspace. 2002. System. These changes are designed to In addition, those various reasons or James J. Ballough, circumstances require making this provide for the safe and efficient use of Director, Flight Standards Service. the navigable airspace under instrument amendment effective before the next Adoption of the Amendment conditions in the affected areas. scheduled charting and publication date of the flight information to assure its EFFECTIVE DATE: 0901 UTC, August 8, timely availability to the user. The Accordingly, pursuant to the 2002. effective date of this amendment reflects authority delegated to me by the FOR FURTHER INFORMATION CONTACT: those considerations. In view of the Administrator, part 95 of the Federal Donald P. Pate, Flight Procedure close and immediate relationship Aviation Regulations (14 CFR part 95) is Standards Branch (AMCAFS–420), between these regulatory changes and amended as follows effective at 0901 Flight Technologies and Programs safety in air commerce, I find that notice UTC. Division, Flight Standards Service, and public procedure before adopting PART 95—[AMENDED] Federal Aviation Administration, Mike this amendment are impracticable and Monroney Aeronautical Center, 6500 contrary to the public interest and that 1. The authority citation for part 95 South MacArthur Blvd. Oklahoma City, good cause exists for making the continues to read as follows: OK 73169 (Mail Address: P.O. Box amendment effective in less than 30 25082 Oklahoma City, OK 73125) Authority: 49 U.S.C. 106(g), 40103, 40106, days. 40113, 40114, 40120, 44502, 44514, 44719, telephone: (405) 954–4162. Conclusion 44721. SUPPLEMENTARY INFORMATION: This amendment to part 95 of the Federal The FAA has determined that this 2. Part 95 is amended to read as Aviation Regulations (14 CFR part 95) regulation only involves an established follows:
REVISIONS TO IFR ALTITUDES & CHANGEOVER POINTS—AMENDMENT 436 [Effective Date: August 8, 2002; Final 06/24/2002]
From To MEA
§ 95.1001 Direct Routes—U.S. Atlantic Route—A761 is Added to Read
Downt, OA FIX ...... Etoca, OA FIX ...... 31000 Etoca, OA FIX ...... Foggs, OA FIX ...... 31000 Foggs, OA FIX ...... Galwy, OA FIX ...... 31000 Galwy, OA FIX ...... Hanri, OA FIX ...... 31000 Hanri, OA FIX ...... Perie, OA FIX ...... 31000 Perie, OA FIX ...... Satly, OA FIX ...... 31000 Satly, OA FIX ...... Torry, FL FIX ...... 31000
Atlantic Route—R511 is Added to Read
Azezu, OA FIX ...... Cowri, OA FIX ...... 5500 Cowri, OA FIX ...... Foggs, OA FIX ...... 5500 Foggs, OA FIX ...... Eltee, OA FIX ...... 5500 Eltee, OA FIX ...... Odeal, OA FIX ...... 5500
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REVISIONS TO IFR ALTITUDES & CHANGEOVER POINTS—AMENDMENT 436—Continued [Effective Date: August 8, 2002; Final 06/24/2002]
From To MEA
Bahamas Route—G466 is Added to Read
Oldey, SC FIX ...... Perie, OA FIX ...... 2500 Perie, OA FIX ...... Carps, FL FIX ...... 2500 Carps, FL FIX ...... Scoby, FL FIX ...... 2500 Scoby, FL FIX ...... Nucar, BS FIX ...... 2500 Nucar, BS FIX ...... Omaly, OA FIX ...... 5500 Omaly, OA FIX ...... Lasee, OA FIX ...... 5500 Lasee, OA FIX ...... Alute, OA FIX ...... 5500 Alute, OA FIX ...... Rinny, OA FIX ...... 5500
Is Amended to Read
Rinny, OA FIX ...... Grand Turk, BS VORTAC ...... 5500
§ 95.6001 Victor Routes—U.S. § 95.6013 VOR Federal Airway 13 is Amended to Read in Part
Ascot, TX FIX ...... Solon, TX FIX ...... *4000 *1300–MOCA
§ 95.6014 VOR Federal Airway 14 is Amended to Read in Part
Chisum, NM VORTAC ...... Onsom, NM FIX: *6000–MOCA E Bnd ...... *7000 W Bnd ...... *7500 Onsom, NM FIX ...... Winns, TX FIX ...... *8000 *6300–MOCA Winns, TX FIX ...... Flatt, TX FIX ...... *8000 *5200–MOCA Flatt, TX FIX ...... Shalo, TX FIX ...... *5100
§ 95.6020 VOR Federal Airway 20 is Added to Read in Part
Ascot, TX FIX ...... Solon, TX FIX ...... *4000 *1300–MOCA
§ 95.6049 VOR Federal Airway 49 is Added to Read in Part
Vulcan, AL VORTAC ...... *Bount, AL FIX ...... 3100 *4200–MRA Bount, AL FIX ...... *Folso, AL FIX ...... **3100 *7000–MRA **2400–MOCA Folso, AL FIX ...... Decatur, AL VOR/DME ...... *3000 *2400–MOCA Elked, AL FIX ...... Nashville, TN VORTAC ...... *3500 Bowling Green, KY VORTAC ...... Mystic, KY VOR ...... 2700
§ 95.6105 VOR Federal Airway 105 is Amended to Read in Part
Phoenix, AZ VORTAC ...... Karlo, AZ FIX ...... 10000 Karlo, AZ FIX ...... Drake, AZ VORTAC ...... *12000 *10000–MOCA
§ 95.6154 VOR Federal Airway 154 is Amended to Read in Part
Ocone, GA FIX ...... Savannah, GA VORTAC ...... *3000 *1700–MOCA
§ 95.6157 VOR Federal Airway 157 is Amended to Read in Part
Alma, GA VORTAC ...... Lotts, GA FIX ...... *4000 *1700–MOCA Lotts, GA FIX ...... Allendale, SC VOR ...... *9000 *1700–MOCA
§ 95.6159 VOR Federal Airway 159 is Amended to Read in Part
Cross City, FL VORTAC ...... Greenville, FL VORTAC ...... 2000
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REVISIONS TO IFR ALTITUDES & CHANGEOVER POINTS—AMENDMENT 436—Continued [Effective Date: August 8, 2002; Final 06/24/2002]
From To MEA
§ 95.6163 VOR Federal Airway 163 is Amended to Read in Part
Brownsville, TX VORTAC ...... Manny, TX FIX ...... 1500 Manny, TX FIX ...... Ascot, TX FIX ...... *5000 *1300–MOCA Ascot, TX FIX ...... Solon, TX FIX ...... *4000 *1300–MOCA Yenns, TX FIX ...... San Antonio, TX VORTAC ...... *3000 *2500–MOCA San Antonio, TX VORTAC ...... Slimm, TX FIX ...... *3500 *2900–MOCA Slimm, TX FIX ...... Lampasas, TX VORTAC ...... *3500
§ 95.6222 VOR Federal Airway 222 is Amended to Read in Part
Lake Charles, LA VORTAC ...... Maxon, LA FIX ...... 2000 LaGrange, GA VORTAC ...... *Tiroe, GA FIX ...... 2600 *4000–MRA
From To MEA MAA
§ 95.7001 Jet Routes § 95.7056 Jet Route No. 56 is Amended to Read in Part
Wasatch, UT VORTAC ...... Hayden, Co VOR/DME ...... 25000 45000
§ 95.7058 Jet Route No. 58 is Amended to Read in Part
Milford, UT VORTAC ...... Farmington, NM VORTAC ...... 33000 45000
§ 95.7086 Jet Route No. 86 is Amended to Read in Part
Peach Springs, AZ VORTAC ...... Bavpe, AZ Fix ...... 18000 45000 Bavpe, AZ FIX ...... Winslow, AZ VORTAC ...... 18000 45000
§ 95.7180 Jet Route No. 180 is Amended to Read in Part
Humble, TX VORTAC ...... Daisetta, TX VORTAC ...... 18000 45000 Daisetta, TX VORTAC ...... Cidor, LA FIX ...... 18000 45000 Cidor, LA FIX ...... Fosin, LA FIX ...... 19000 45000 Fosin, LA FIX ...... Sawmill, LA VOR/DME ...... 18000 45000 Sawmill, LA VOR/DME ...... Little Rock, AR VORTAC ...... 18000 45000
§ 95.7614 Jet Route No. 614 is Amended to Read in Part
Sarasota, FL VORTAC ...... Lee County, FL VORTAC ...... 18000 45000 Lee County, FL VORTAC ...... Dolphin, FL VORTAC ...... 18000 45000
§ 95.7616 Jet Route No. 616 is Amended to Read
Sarasota, FL VORTAC ...... La Belle, FL VORTAC ...... 18000 45000 La Belle, FL VORTAC ...... Dolphin, FL VORTAC ...... 18000 45000
§ 95.8005 Jet Routes Changeover Points Airway Segment
Changeover points From To Distance From
J–56 is Amended to Modify Changeover Point
Wasatach, UT VORTAC ...... Hayden, Co VOR/DME ...... 66 Wasatch
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[FR Doc. 02–16501 Filed 6–28–02; 8:45 am] II. Schedule of Fees C. Conduct of SRO Rule Enforcement BILLING CODE 4910–13–M Reviews Fees for the Commission’s review of the rule enforcement programs at the Under the formula adopted in 1993 registered futures associations and (58 FR 42643, Aug. 11, 1993) which COMMODITY FUTURES TRADING appears at 17 CFR part 1 appendix B, COMMISSION contract markets regulated by the Commission: the Commission calculates the fee to recover the costs of its review of rule 17 CFR Part 1 Entity Fee amount enforcement programs, based on a three- Fees for Reviews of the Rule year average of the actual cost of Enforcement Programs of Contract Cantor Financial Futures Ex- performing reviews at each SRO. The Markets and Registered Futures change ...... $5,606 cost of operation of the Commission’s Association Chicago Board of Trade ...... 199,253 program of SRO oversight varies from Chicago Mercantile Exchange .. 192,731 SRO to SRO, according to the size and AGENCY: Commodity Futures Trading Kansas City Board of Trade ..... 9,262 complexity of each SRO’s program. The Commission. New York Mercantile Ex- three-year averaging is intended to ACTION: Establish a new schedule of change/COMEX ...... 158,927 smooth out year-to-year variations in fees. Minneapolis Grain Exchange ... 6,978 cost. Timing of reviews may affect National Futures Association .... 206,046 costs—a review may span two fiscal SUMMARY: New York Board of Trade ...... 92,612 The Commission charges fees years and reviews are not conducted at Philadelphia Board of Trade ..... 0 to designated contract markets and the each SRO each year. Adjustments to National Futures Association (NFA) to Total ...... 871,415 actual costs may be made to relieve the recover the costs incurred by the burden on an SRO with a Commission in the operation of a III. Background Information disproportionately large share of program which provides a service to program costs. these entities. The fees are charged for A. General The Commission’s formula provides the Commission’s conduct of its for a reduction in the assessed fee if an program of oversight of self-regulatory The Commission recalculates the fees SRO has a smaller percentage of United rule enforcement programs (17 CFR part charged each year with the intention of States industry contract volume than its 1 Appendix B) (NFA and the contract recovering the costs of operating this percentage of overall Commission markets are referred to as SROs). Newly- 1 Commission program. All costs are oversight program costs. This designated contract markets are not accounted for by the Commission’s adjustment reduces the costs so that as being assessed any fees for Fiscal 2001 Management Accounting Structure a percentage of total Commission SRO because to date they have modest, if Codes (MASC) system, which records oversight program costs, they are in line any, volume. each employee’s time for each pay with the pro rata percentage for that The calculation of the fee amounts to period. The fees are set each year based SRO of United States industry-wide be charged for the upcoming year is on direct program costs, plus an contract volume. based on an average of actual program overhead factor. The calculation made is as follows: costs incurred in the most recent three The fee required to be paid to the full fiscal years, as explained below. B. Overhead Rate Commission by each contract market is The new fee schedule is set forth in the The fees charged by the Commission equal to the lesser of actual costs based SUPPLEMENTARY INFORMATION and to the SROs are designed to recover on the three-year historical average of information is provided on the effective program costs, including direct labor costs for that contract market or one-half date of the fees and the due date for costs and overhead. The overhead rate of average costs incurred by the payment. is calculated by dividing total Commission for each contract market for EFFECTIVE DATES: The fees for Commission-wide direct program labor the most recent three years, plus a pro Commission oversight of each SRO rule costs into the total amount of the rata share (based on average trading enforcement program must be paid by Commission-wide overhead pool. For volume for the most recent three years) each of the named SROs in the amount this purpose, direct program labor costs of the aggregate of average annual costs specified by no later than August 30, are the salary costs of personnel of all contract markets for the most 2002. working in all Commission programs. recent three years. The formula for FOR FURTHER INFORMATION CONTACT: Overhead costs consist generally of the calculating the second factor is: 0.5a + Madge A. Bolinger, Acting Executive following Commission-wide costs: 0.5 vt = current fee. In this formula, ‘‘a’’ Director, Office of the Executive indirect personnel costs (leave and equals the average annual costs, ‘‘v’’ Director, Commodity Futures Trading benefits), rent, communications, equals the percentage of total volume Commission, Three Lafayette Centre, contract services, utilities, equipment, across exchanges over the last three 1155 21st Street, NW., Washington, DC and supplies. This formula has resulted years, and ‘‘t’’ equals the average annual 20581, (202) 418–5160. in the following overhead rates for the cost for all exchanges. NFA, the only SUPPLEMENTARY INFORMATION: most recent three years (rounded to the registered futures association regulated nearest whole percent): 105 percent for by the Commission, has no contracts I. General fiscal year 1999, and 105 percent for traded; hence its fee is based simply on This notice relates to fees for the fiscal year 2000, and 117 percent for costs for the most recent three fiscal Commission’s review of the rule fiscal year 2001. These overhead rates years. enforcement programs at the registered are applied to the direct labor costs to This table summarizes the data used futures associations and contract calculate the costs of oversight of SRO in the calculations and the resulting fee markets regulated by the Commission. rule enforcement programs. for each entity:
1 discussion of the history of Commission fees, see See Section 237 of the Futures Trading Act of 52 FR 46070 (Dec. 4, 1987). 1982, 7 USC 16a and 31 USC 9701. For a broader
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Three-year Three-year Average average ac- percentage year 2002 tual costs of volume fee
Cantor Financial Futures Exchange ...... $10,990 0.0286 $5,606 Chicago Board of Trade ...... 199,253 39.0619 199.253 Chicago Mercantile Exchange ...... 192,731 40.8601 192,731 NYMEX/COMEX ...... 191,576 16.3441 158,927 New York Board of Trade ...... 161,025 3.1319 92,612 Kansas City Board of Trade ...... 15,396 .4047 9,262 Minneapolis Grain Exchange ...... 12,645 .1696 6,978 Philadelphia Board of Trade ...... 0 .0000 0
Subtotal ...... 772,627 100.0000 665,369 National Futures Association ...... 206,046 N/A 206,046
Total ...... 978,673 100.0000 871,415
An example of how the fee is DEPARTMENT OF LABOR injuries and illnesses (29 CFR parts calculated for one exchange, the 1904 and 1952) to take effect on January Minneapolis Grain Exchange, is set forth Occupational Safety and Health 1, 2002. On July 3, 2001, the agency here: Administration proposed to delay the effective date of a. Actual three-year average costs §§ 1904.10 Recording criteria for cases equal $12,645. 29 CFR Part 1904 involving occupational hearing loss, and [Docket No. R–02A] 1904.12 Recording criteria for cases b. The alternative computation is: involving work-related musculoskeletal (.5)($12,645) + (.5)(.001696)($772,627) = RIN 1218–AC06 disorders, until January 1, 2003 (66 FR $6,978. 35113–35115). In that notice, OSHA Occupational Injury and Illness explained that the Agency was c. The fee is the lesser of a or b; in Recording and Reporting reconsidering the requirement in this case $6,978. Requirements § 1904.10 to record all cases involving As noted above, the alternative AGENCY: Occupational Safety and Health an occupational hearing loss averaging calculation based on contracts traded, is Administration (OSHA), Department of 10 decibels (dB) or more. OSHA found not applicable to the NFA because it is Labor. that there were reasons to question the not a contract market and has no appropriateness of 10 dB as the ACTION: contracts traded. The Commission’s Final rule. recording criterion, and asked for average annual cost for conducting SUMMARY: The Occupational Safety and comment on other approaches and oversight review of the NFA rule Health Administration (OSHA) is criteria, including recording losses enforcement program during fiscal years revising the hearing loss recording averaging 15, 20 or 25 dB. OSHA also 1999 through 2001 was $206,046 (one- provisions of the Occupational Injury stated that it was reconsidering the third of $618,139). The fee to be paid by and Illness Recording and Reporting requirement in § 1904.12 that employers the NFA for the current fiscal year is Requirements rule published January check the MSD column on the OSHA $206,046. 19, 2001 (66 FR 5916–6135), scheduled Log for a case involving a ‘‘musculoskeletal disorder’’ as defined Regulatory Flexibility Act to take effect on January 1, 2003 (66 FR 52031–52034). This final rule revises in that section. The Regulatory Flexibility Act, 5 USC the criteria for recording hearing loss OSHA received a total of 77 written 601, et seq., requires agencies to cases in several ways, including comments on the July 3, 2001 proposal. consider the impact of rules on small requiring the recording of Standard After considering the views of interested business. The fees implemented in this Threshold Shifts (10 dB shifts in hearing parties, OSHA published a final rule on release affect contract markets (also acuity) that have resulted in a total 25 October 12, 2001 (66 FR 52031—52034) referred to as exchanges) and registered dB level of hearing above audiometric delaying the effective date of futures associations. The Commission zero, averaged over the frequencies at §§ 1904.10(a) and 1904.12(a) and (b) has previously determined that contract 2000, 3000, and 4000 Hz, beginning in until January 1, 2003, adding a new markets and registered futures year 2003. paragraph (c) to § 1904.10 establishing a 25–dB recording criterion for hearing associations are not ‘‘small entities’’ for EFFECTIVE DATE: January 1, 2003. purposes of the Regulatory Flexibility loss cases for calendar year 2002, and FOR FURTHER INFORMATION CONTACT: Jim Act. Accordingly, the Chairman on modifying the regulatory note to Maddux, Occupational Safety and behalf of the Commission, certifies paragraph 1904.29(b)(7)(vi) to delay the Health Administration, U.S. Department pursuant to 5 USC 605(b), that the fees language referring to privacy case of Labor, Directorate of Safety Standards implemented here will not have a consideration for MSD cases. Programs, Room N–3609, 200 significant economic impact on a This final rule contains amended Constitution Avenue, NW., Washington, substantial number of small entities. hearing loss recording criteria codified DC 20210. Telephone (202) 693–2222. at 29 CFR 1904.10(a) and 1904.10(b)(1)– Issued in Washington, DC, on June 21, SUPPLEMENTARY INFORMATION: (7). In a separate Federal Register 2002, by the Commission. document published today, OSHA is Jean A. Webb, I. Background proposing to delay the effective date of Secretary of the Commission. In January, 2001 (66 FR 5916–6135), § 1904.10(b)(7), which requires [FR Doc. 02–16201 Filed 6–28–02; 8:45 am] OSHA published revisions to its rule on employers to check the hearing loss BILLING CODE 6351–01–M recording and reporting occupational column on the Log for hearing loss cases
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meeting the revised recording criteria, could adjust the audiogram for aging [a] 10 dB shift from audiometric zero is a as well as the MSD provisions using the tables in Appendix F of the virtually imperceptible loss in hearing * * * addressed in the October 12 final rule. Noise Standard, and that the employer ORC understands that the finding of a Additional information about the was to use the employee’s original Standard Threshold Shift (STS) to be a ‘‘flag’’ for the implementation of a series of actions proposal to delay the effective date of baseline audiogram as the baseline required by the OSHA standard on exposure the hearing loss column is contained in reference audiogram for determining a to noise. It was not intended, of and by itself, the section of this rule titled Adding a recordable hearing loss. to be an indicator of illness, or impairment, column to the 300 Log, and in the One of the major issues in the but, rather, a sentinel event that triggers a separate Federal Register publication recordkeeping rulemaking was to series of actions that will prevent illness or Proposed Delay of Effective Dates; determine the level of occupational impairment from occurring. As such a tool, Request for Comment, published today. hearing loss that constitutes a health it has been an effective indicator of employee condition serious enough to warrant hearing, but does not, by itself, rise to the II. Recording Occupational Hearing recording. This was necessary because level of recordability (Ex. 3–49). Loss Cases the final rule no longer requires A number of the commenters objected Section 1904.10 of the January 19, recording of minor or insignificant to recording 10-dB shifts because this 2001 final recordkeeping rule required health conditions that do not result in recording level would result in the employers to record, by checking the one or more of the general recording recording of too many ‘‘false positive’’ ‘‘hearing loss’’ column on the OSHA criteria such as medical treatment, cases, either because of audiometric 300 Log, all cases in which an restricted work, or days away from work testing errors, because the hearing loss employee’s hearing test (audiogram) (See, e.g., 66 FR 5931). In its 1996 was temporary and not persistent, or revealed that a Standard Threshold Shift Federal Register notice OSHA proposed because the case was insufficiently (STS) in hearing acuity had occurred. a requirement to record hearing loss work-related (Exs. 3–14, 3–19, 3–20, 3– An STS was defined as ‘‘a change in averaging 15 dB at 2000, 3000 and 4000 25, 3–26, 3–27, 3–29, 3–35, 3–37, 3–43, hearing threshold, relative to the most Hz in one or both ears (61 FR 4040). 3–45, 3–49, 3–50, 3–54, 3–56, 3–58, 3– recent audiogram for that employee, of OSHA adopted the lower 10–dB 59, 3–61, 3–62, 3–63, 4–5). The issues an average of 10 decibels or more at threshold in the final rule based in part of audiometric error, persistence, and 2000, 3000 and 4000 Hertz (Hz) in one upon comments that ‘‘(a)n age-corrected work-relationship are discussed in more or both ears.’’ The recordkeeping rule STS is a large hearing change that can detail below. The commenters opposed itself does not require the employer to affect communicative competence’’ (66 to the 10-dB shift also remarked that test employee’s hearing. However, FR 6008). using 10-dB shifts will lead to OSHA’s occupational noise standard (29 overrecording (Ex. 3–37), 10 dB will CFR 1910.95) requires employers in Comments on the Recording of 10-dB result in a 5 to 10 fold increase in general industry to conduct periodic Shifts hearing loss recording (Ex. 3–49), too audiometric testing of employees when Most commenters opposed the many non-occupational (emphasis employees’ noise exposures are equal to, adoption of the 10-dB threshold for added) cases are captured by 10 dB (See, or exceed, an 8-hour time-weighted recording hearing loss (Exs. 3–1, 3–13, e.g., Ex. 4–5), changing to 10 dB would average of 85dBA. Under the provisions 3–14, 3–19, 3–20, 3–22, 3–25, 3–26, 3– make the past data useless and make it of § 1910.95, if such testing reveals that 27, 3–29, 3–34, 3–35, 3–37, 3–43, 3–45, difficult to establish trends (Ex. 3–19), an employee has sustained a hearing 3–48, 3–49, 3–50, 3–54, 3–57, 3–58, 3– and that if OSHA adopts 10 dB, the loss equal to an STS, the employer must 59, 3–61, 3–62, 3–63, 4–3, 4–5, 5–5, 5– states may be influenced to change their take protective measures, including 7). A number of these commenters workers’ compensation standards, requiring the use of hearing protectors, challenged the significance of a 10-dB resulting in higher workers’ to prevent further hearing loss. shift, stating that: 10-dB shifts are not compensation costs (Ex. 3–34). Employers in the construction, significant—only significant health Some of the commenters opposed to agriculture, oil and gas drilling and conditions should be captured (Exs. 3– the recording of all 10-dB shifts servicing, and shipbuilding industries 14, 3–26, 3–48); the level selected must recognized a critical difference between are not covered by § 1910.95, and amount to a significant alteration in an the 25-dB criteria contained in the therefore are not required by OSHA to employee’s ability to hear (Exs. 3–50, 3– American Medical Association [AMA] provide hearing tests. If employers in 54, 3–59); a 10-dB shift from Guides to the Evaluation of Permanent these industries voluntarily conduct audiometric zero is a virtually Impairment and the 25-dB level OSHA hearing tests they are required to record imperceptible loss in hearing—10-dB has enforced since 1991 (Exs. 3–25, 3– hearing loss cases meeting the recording shifts at higher levels become more 49, 3–50, 3–54, 3–59, 3–62). The AMA criteria set forth in the final Section important (Ex. 3–49); the medical Guides measure hearing loss from a 1904.10 rule. community and workers’ compensation baseline of audiometric zero, which The former recordkeeping rule, which do not recognize a 10 dB shift as a represents the statistical average hearing remained in effect until January 1, 2001, significant hearing loss (Exs. 3–19, 3–20, threshold level of young adults with no contained no specific threshold for 3–25, 3–35, 3–43, 3–63); a 10-dB shift is history of aural pathology (ANSI S3.6– recording hearing loss cases. In 1991, not a material impairment, so it should 1969). The 1991 OSHA recording level OSHA issued an enforcement policy on not be a recordable illness (Exs. 3–25, 3– used the individual employee’s original the criteria for recording hearing loss 26, 3–34, 3–50, 3–54, 3–59, 3–58, 3–61); baseline audiogram taken at the time the cases, to remain in effect until new and, 10 dB is an early warning worker was first placed in a hearing criteria were established by rulemaking. mechanism that is appropriate for the conservation program. If an individual The 1991 policy stated that OSHA hearing standard but not for injury and employee has experienced some hearing would cite employers for failing to illness recording—the 1904 provisions loss before being hired, a 25-dB shift record work related shifts in hearing of are intended to collect data on serious from the original baseline will be a an average of 25 dB or more at 2000, injuries and illnesses, not potential larger hearing loss than the hearing 3000 and 4000 Hz in either ear. precursors (Exs. 3–25, 3–49, 3–50, 3–54, impairment recognized by the AMA as Subsequently, OSHA released 3–59, 3–62). Organization Resources a disabling condition. In a single interpretations stating that the employer Counselors (ORC) remarked that: comment submitted by both
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organizations, the National Association temporary threshold shift (TTS), which Alternatives Offered recovers quickly as the worker is noise free. of Manufacturers (NAM) and the Can Most of the commenters who objected Manufacturing Institute (CMI) stated This indicator is currently used in hearing conservation programs. (Ex. 2–23–1) to the recording of 10-db shifts that: presented alternative recording [i]t is generally accepted in the medical Commenters also stated that use of a thresholds. The American Chemistry community that an average hearing level of 10-db shift reduces recordkeeping and Council recommended a 15-db shift (Ex. more than 25 dB from audiometric zero (the data management burdens for industry 5–5), the Rubber Manufacturers hearing level of healthy young adults never (Exs. 3–3, 3–10, 3–23–1, 3–47, 3–53, 5– Association recommended a 20-dB shift exposed to high noise levels) at certain 2), reduces confusion for industrial frequencies constitutes a material (Ex. 3–27), and Abbott Laboratories managers and occupational hearing recommended recording second and impairment. Accordingly, an employee with conservation technicians—‘‘[a] problem near-perfect hearing (at or near audiometric subsequent 10-db shifts (Ex. 3–13). By zero) might very well suffer a 10 or 15 dB that occurred with OSHA’s 1991 policy’’ far, the most common alternative offered shift in hearing yet continue to function (Ex. 3–23–1), that current STS rates are was a shift of 25 dB (Exs. 3–1, 3–14, 3– within the normal range of hearing with no not sufficiently high to result in an 19, 3–20, 3–22, 3–26, 3–29, 3–34, 3–35, impairment whatsoever. Conversely, an undue or inappropriate number of 3–37, 3–43, 3–45, 3–48, 3–50, 3–57, 3– employee with hearing on the outer edge of recordable events (Ex. 3–3), that many 58, 3–61, 3–63, 4–3, 4–5). The the normal range who experiences a 15 dB of the states (Michigan, North Carolina, shift would likely suffer a material commenters supporting a 25-dB shift South Carolina, Puerto Rico and argued that 25 dB was superior because impairment. The NAM and CMI believe that Tennessee) require the recording of 10- a shift in hearing should not be recorded medical and health care professionals unless it is confirmed and it results in db shifts with little detrimental effect on recommend using 25 dB (Exs. 3–29, 3– hearing levels in excess of 25 dB at the shift industry (Exs. 3–3, 3–4, 3–24), that a 10- 50, 3–54, 3–59), 25 dB is consistent with frequencies (Ex. 3–50). db shift is comparable to other the American Medical Association permanent injuries that are recorded on Industrial Health, Inc, a mobile (AMA) guidelines (Exs. 3–50, 3–54, 3– the OSHA 300 Form, such as an hearing testing vendor, added that: 59), 25 dB is used for workers’ amputated finger (Ex. 3–23–1) or compensation (Ex. 3–13), 25 dB is [i]t is almost universally accepted in the medical removal under the lead protective and provides an easily profession that hearing impairment starts standard (Ex. 3–47), and that the 10-db when hearing levels exceed 25 dB * * *. We identifiable measurement for believe there should be an ‘‘impairment shift is better for mobile and transient determining injuries (Ex. 3–35), and fence’’ of 25 which must be crossed before a employees because the original baseline OSHA adopted 25 dB in 1991 because shift in hearing is required to be recorded. may not follow employees when they it is widely accepted as a meaningful We recommend that to be recordable a shift change jobs (Ex. 3–23–1). loss of hearing and is well documented must result in an average hearing level at Several of the commenters argued that (Exs. 3–37, 3–50, 3–54, 3–59). 2000, 3000, and 4000 Hz in excess of 25 dB. recording 10-db shifts would be more The National Association of This fence would not be adjusted for aging protective for workers (3–3, 3–10, 3–17, Manufacturers (Ex. 3–50), the Can (however, the shift calculation itself should 3–18, 3–21, 3–23–1, 3–24, 3–30, 3–47, retain OSHA’s allowance for aging) (Ex. 3– Manufacturing Institute (Ex. 3–50), and 62). 3–53). In a representative comment, the Industrial Health, Inc. (Ex. 3–62) AFL–CIO argued that: ‘‘[t]he recommended a system where 15-db A number of commenters urged requirement to record a 10-db hearing shifts would be recorded, but only when OSHA to adopt the 10-dB threshold for loss on the Log would aid in the early the shift crossed the disability boundary recording occupational hearing loss, detection and prevention of of 25 dB from audiometric zero. These consistent with the January 19, 2001 occupational hearing loss.’’ It stated that commenters argued that the 15-db Federal Register notice (Exs. 3–3, 3–4, ‘‘(r)ecording a 10-db STS on Form 300 difference eliminated most shifts caused 3–10, 3–11, 3–15, 3–17, 3–18, 3–21, 3– is a practical and reasonable means to by audiometric error, and that by 23–1, 3–24, 3–30, 3–36, 3–40, 3–47, 3– assist in the early detection of a loss in requiring them to cross the 25-dB fence, 52, 3–53, 4–2, 5–2, 5–3, 5–6). Many of hearing so that workplace intervention they would also clearly involve a these commenters argued that an age- measures can be implemented to protect hearing disability. corrected 10-dB shift is a large change workers from the hazards of noise. Organization Resources Counselors in hearing that can affect Having employers continue to record (ORC) urged OSHA to adopt a ‘‘sliding communication ability (Exs. 3–3, 3–21, shifts in hearing of an average of 25 dB scale’’ recording criteria whereby the 3–23–1, 3–53), that a persistent 10-dB * * * is too high a threshold of loss in employer would record the first STS shift represents a permanent and hearing acuity to be sufficiently that exceeds 25 dB over audiometric irreversible loss of hearing acuity (Ex. proactive in preventing worker hearing zero, and all subsequent STS cases (Ex. 3–21), that a 10-dB shift is a material loss’’ (Ex. 3–24). 3–49). ORC argued that ‘‘[t]here is no impairment (Exs. 3–17, 3–23–1, 3–53), Other commenters added that by single objective level of hearing loss that and that real and debilitating hearing recognizing disease earlier, employers is uniformly identifiable for every loss may not be detected if a higher may take preventive measures to avoid employee. Different employees enter the threshold is selected (Ex. 3–3). The potential workers’ compensation cases workplace with different levels of remarks of the Coalition to Protect that are sometimes triggered at the 25- hearing capability, and noise affects Workers Hearing are representative: dB level (Ex. 3–10), that recording people differently’’ and that this An age-corrected STS represents a triggers action on the part of employers concept reflects the intent of the OSH significant amount of cumulative hearing (Ex. 3–23–1), that 10-db shifts provide Act and the new rule in capturing change from baseline, enough to affect consistency for construction employers significant injuries and illnesses. communicative competence, safety, and job who are not required to test hearing (Ex. The American Iron and Steel Institute productivity in the workplace. A confirmed, age corrected STS is not a sensitive indicator 3–10), and that the 10-db recording (Ex. 3–54), the Society for the Plastics of early hearing damage; rather it reflects a criterion is more protective and Industry (Ex. 3–25) and the American very substantial permanent hearing change reasonable for employers who are not Forest & Paper Association (Ex. 3–59) over time. The appropriate sensitive covered by the OSHA noise standard encouraged the adoption of a similar indicator of early hearing damage is a (Exs. 3–10, 3–17, 3–18, 3–24). recording criteria where shifts would be
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averaged over the frequencies of 500, Family Physicians, Audiology employers are already using to comply 1000, 2000, and 3000 Hz, and the first Awareness Campaign). The recording with the OSHA noise standard, resulting shift of 10 dB over the disability fence level is also compatible with the in less paperwork burden for employers of 25 dB would be recorded. This definition of material impairment used covered by both rules. Employers are approach also set forth thresholds for by OSHA and MSHA in the required to take one additional step to the recording of subsequent shifts when development of standards for determine if the STS has also resulted they crossed boundaries used by various occupational noise exposure (64 FR in a total hearing level of 25 dB or more, organizations for delineating mild, 49548, 48 FR 9738). and if so, to record it. The position moderate, and severe hearing disability The hearing loss recording taken in § 1904.10 provides a reasonable at the 40, 55 and 70-dB levels from requirements in § 1904.10 differ from compromise between the commenters’ audiometric zero. the requirements of the OSHA noise highly polarized views on the proper standard (§ 1910.95) because under the recording level. The final rule’s hearing OSHA’s Decision noise standard the employer is required loss recording provisions provide a Following consideration of the to take certain actions (employee reasonable ‘‘middle ground’’ solution to comments received in response to the notification, providing hearing reconcile the differences between a July 3, 2001 proposal to modify the protectors or refitting of hearing highly sensitive measure of hearing loss hearing loss recording criteria, OSHA protectors, etc.) for all 10-db standard (all 10-db shifts) and increasingly has decided to require employers to threshold shifts while the part 1904 rule insensitive measures (15, 20, or 25-db record audiometric results indicating a only requires the recording of STSs that shifts). Standard Threshold Shift (STS) only also exceed the total 25-db level. OSHA The approach used in this final rule when such STS cases also reflect a total believes that this is an appropriate is a newly developed alternative that hearing level of at least 25 dB from policy, because 10-db shifts in hearing was not considered in the January 2001 audiometric zero. The STS calculation at higher levels (above 25 dB) are more rulemaking because none of the uses audiometric results averaged over significant. Several commenters agreed commenters to the 1996 proposed rule the frequencies 2000, 3000 and 4000 Hz, that some shifts are more significant suggested it. The approach was first using the original baseline and annual than others. ORC stated that ‘‘(a) 10-db suggested by Organization Resources audiograms required by the OSHA noise shift from audiometric zero is virtually Counselors in an unsolicited post- standard § 1910.95. The rule also allows imperceptible, while 10-db shifts at promulgation submission following the employer to adjust the employee’s higher levels become more important’’ publication of the January 2001 rule (Ex. audiogram results used to determine an (Ex. 3–49). The American Federation of 1–6). OSHA then solicited comment on STS to subtract hearing loss caused by Government Employees (Ex. 3–17) the approach in the July 3, 2001 Federal aging, allows the employer to retest the argued that ‘‘(h)earing loss is not linear, Register notice requesting comment on workers’ hearing to make sure the but is exponential, and changes are the hearing loss recording issue (66 FR hearing loss is persistent, and allows the incrementally more serious and 35113—35115). employer to seek and follow the advice irreversible’’ and the American OSHA believes that the § 1904.10 of a physician or licensed health care Federation of State, County and requirements will improve the nation’s professional in determining whether or Municipal Employees remarked that statistics on occupational hearing loss not the hearing loss was work-related. ‘‘(additional shifts are progressively and that more hearing loss cases will be The approach adopted in the final more serious in nature’’ (Ex. 3–21)). entered on employers’ OSHA 300 Logs. rule has several advantages. By using When audiometric testing is done, test However, OSHA recognizes that the the STS definition from the OSHA noise tones are presented at various sound new requirements may not result in standard § 1910.95, the § 1904.10 levels, usually increasing or decreasing comprehensive statistics for regulation uses a sensitive measure of in 5-dB steps. The employee is asked to occupational hearing loss. Employees hearing loss that has occurred while the respond whenever a tone is heard, with may experience significant hearing loss employee is employed by his or her the goal being finding the lowest level in industries where audiometric testing current employer. By requiring all STSs at which the employee can consistently is not required (construction, to exceed 25 dB from audiometric zero, hear. The standard measurement for agriculture, oil and gas drilling and the regulation assures that all recorded measuring hearing level is decibels, a servicing, and shipbuilding industries), hearing losses are significant illnesses. logarithmic scale. For the first increase and is not provided voluntarily by the OSHA received no comments suggesting in hearing level from 0 to 10 dB, the employer, and thus never be entered that a shift of 25 dB from audiometric sound intensity increases 10 fold. The into the records. Likewise, an employee zero was anything less than a serious next 10 dB is a 100-fold increase. By the may experience gradual hearing loss hearing loss case. While there is little time a person’s hearing level changes while employed by several employers, consensus among the commenters from 0 to 30 dB hearing level, he or she but never work for the same employer concerning the appropriate level that needs 1,000 times more sound intensity long enough to allow a recordable STS should be used to record hearing loss to just barely hear. to be captured. As to the effect on trend cases, there is widespread agreement Although the part 1904 recordkeeping analysis, caution must be used when that a 25-dB shift from audiometric zero regulation and the § 1910.95 noise comparing § 1904.10 hearing loss data is a serious hearing loss. standard treat the STS cases differently, that span the effective date of this rule. The hearing loss recording level is this has no effect on the noise standard’s The new hearing loss recording rule will also compatible with the final rule’s requirements and does not have any result in the recording of additional definition of injury or illness, ‘‘an effect on the requirement for employers cases of hearing loss, not as a result of abnormal condition or disorder’’ to comply with § 1910.95. When a change in the number of workers who (§ 1904.46). Various scales used to rate employers detect work-related STS experience hearing loss, but simply hearing loss consider hearing levels less cases, they are required to take all of the because of the recordkeeping change. than 25 dB to be within the ‘‘normal follow-up actions required by the noise OSHA finds that recording only 25– range’’ (American Medical Association standard. dB shifts from the employee’s baseline Guidelines to the evaluation of Material Additionally, the STS measure uses audiogram is not an appropriate policy. Impairment, American Academy of existing measurements and calculations If an employee had significant hearing
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loss before being hired by the employer, not be difficult to administer. OSHA has specifies the protective measures to be additional hearing loss would not be received no evidence to show that the taken to prevent further hearing loss for recorded until well beyond the point of policies in the final rule will encourage employees who have experienced a 10– disability. This would not conform to discriminatory behavior by employers. dB shift, including the use of hearing the requirements of section 24 of the Act The suggestion that women or African protectors and referral for audiological directing the Secretary to ‘‘[c]ompile Americans may be selected for noise evaluation where appropriate. (See 29 accurate statistics on work injuries and exposed jobs in order to avoid a CFR 1910.95(g)(8)). These requirements, illnesses which shall include all potential recordable hearing loss case is which apply without regard to the disabling, serious, or significant injuries highly speculative. OSHA has seen no recording criteria in the recordkeeping and illnesses * * *’’ (emphasis added) evidence that such discrimination has rule, will protect workers against the (29 U.S.C. 673). The recording of 25-dB occurred either to avoid the hazards of noise. The modified shifts in hearing acuity, measured from requirements of the OSHA noise requirements of Section 1904.10 will the employee’s original baseline standard or to avoid workers’ therefore not deprive employers and audiogram would clearly understate the compensation issues. workers of the means to detect and true incidence of work-related hearing OSHA does not agree with the prevent hearing loss. loss. Likewise, if the part 1904 commenters who argued that because Finally, section 4(b)(4) of the OSH Act regulation were to require only the the function of the OSHA standards and provides that ‘‘[n]othing in this Act recording of 15 or 20-dB shifts, or regulations, including the part 1904 shall be construed to supercede or in categorically exclude the first STS case regulation, is to protect workers, worker any manner affect any workmen’s the rule would exclude many legitimate protection would be compromised by compensation law or to enlarge or and serious hearing loss cases that any policy other than the recording of diminish or affect in any other manner should rightfully be entered into the all STS cases. OSHA encourages the common law or statutory rights, records and the Nation’s injury and employers and employees to use the duties, or liabilities of employers and illness statistics. This approach would OSHA injury and illness records to employees under any law with respect be especially deficient at capturing improve workplace safety and health to injuries, diseases, or death of hearing loss in those employees who conditions, and this is one of the employees arising out of, or in the change employers several times during functions of the Part 1904 records. course of, employment.’’ 29 U.S.C. their working lives. However, this is not the only function 653(b)(4). Accordingly, the OSHA The Coalition to Protect Workers of the records. They are also used to recordkeeping rule will have no legal Hearing (Ex. 3–23) and the AFL–CIO generate injury and illness statistics for effect on state workers’ compensation (Ex. 3–24) specifically opposed the the Nation and for individual systems. There is no evidence that the approach used in the final rule, which workplaces. They are used by OSHA states have modified their systems to is often referred to as a ‘‘sliding scale’’ representatives to identify hazards conform to OSHA’s previous hearing approach because it treats some STS during workplace inspections, and are loss recording policies; in fact, the states cases as being more serious than others collected by OSHA to target its are far from uniform in their treatment (Exs. 3–23, 3–24). These Commenters intervention efforts to more hazardous of occupational hearing loss (Ex. 3–24– argued that a sliding scale approach was worksites (See 66 FR 5916-5917). As 14). Therefore, OSHA does not expect rejected in 1981 because it was too stated in the 2001 rulemaking, ‘‘[n]o the 1904 regulation to have any effect on complex (Exs. 3–23, 3–24), that sliding new protections are being provided by state workers’ compensation in the scales are difficult to administer and do the recordkeeping rule’’. Further, the future. not provide uniform protection for OSH Act does not require the recording Audiometric Error workers (Ex. 3–24), and that of all injuries and illnesses and ‘‘(c)ategorizing employers on the basis specifically excludes certain minor In its July 3, 2001 proposal, OSHA of hearing impairment is discriminatory. injury and illness cases. This exclusion, asked the public to comment on the * * * Women and African Americans, which is discussed in the preamble to variability of audiometric testing both of whom tend to have better the January 19, 2001 final rule, applies equipment and how testing variability hearing sensitivity, might be placed in to both injuries and illnesses, including should be taken into account, if at all, noise-hazardous jobs since they could hearing loss (See 66 FR 5931-5932). It is in the recordkeeping rule (66 FR 35115). develop more hearing change without thus entirely appropriate for the Many commenters questioned the crossing the line’’ (Exs. 3–23–1, 3–53). recordkeeping rule to exclude certain accuracy of audiograms, and some of OSHA does not believe that these minor illness cases while capturing them specifically questioned the concerns are serious impediments to the more serious cases. accuracy of audiograms used to Section 1904.10 requirements. The two- The hearing loss recording compute 10-dB shifts in hearing acuity part test, an STS combined with a total requirements of Section 1904.10 will (Exs. 3–5, 3–13, 3–14, 3–19, 3–20, 3–25, hearing level in excess of 25 dB from not deprive employers and employees of 3–26, 3–27, 3–29, 3–30, 3–35, 3–37, 3– audiometric zero, is not overly complex, information about noise hazards or 45, 3–48, 3–49, 3–50, 3–54, 3–56, 3–58, and is not nearly as complex as some of diminish workers’ protection against the 3–59, 3–63). These commenters argued the sliding scale approaches that were hazards of noise in the workplace. The that 10 dB is the lowest level of rejected during the revision of the occupational noise exposure standard detection and is not reliable (Exs. 3–48, OSHA noise standard in 1981. In the requires that employees in general 3–63); at 10 dB the precision of the years since 1981, computer technology industry be tested for hearing loss when measurement becomes an issue (Ex. 3– has become much more commonplace noise exposure exceeds an 8-hour time- 49); 5 to 10-dB variability is common, and is incorporated into most, if not all, weighted average of 85dB, and that which argues for 25 dB and against 10 audiometric equipment. OSHA expects employees be informed, in writing, if a dB (Ex. 3–29); 10 dB is not effective that most employers and contractors 10–dB shift has occurred. The because of the testing environment, who administer hearing tests under the audiometric test records must be testing procedures, and error of provisions of the noise standard will use retained for the duration of the affected audiometric equipment (Ex. 3–27); and computer software to make the needed employee’s employment. (See 29 CFR that at a 10-dB shift, there is significant calculations, so the requirements will 1910.95(g), (m)). The noise standard also uncertainty in measurement, rendering
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a typical audiometric reading unreliable threshold levels that could then be used Standard the expected variability due to (Exs. 3–37, 3–56). Verizon to set an STS criterion that would error will be ±5 dB (Ex. 5–3). Communications, Inc., while supporting minimize false positives. OSHA agrees with NIOSH that the the recording of 10-dB shifts, Another group of commenters argued recordkeeping rule should not take any summarized the potential recording that the accuracy of audiometric testing actions to address the issues of problem as follows: equipment is not a major factor (Exs. 3– audiometric variability, and finds that The test-retest variability inherent in 15, 3–22. 3–23–1, 3–24, 3–57, 3–58, 3– there is no need to increase the properly calibrated audiometric 61, 5–2, 5–3). In a representative recording loss threshold to 15 or 20 dB equipment is ± 5 dB. * * * if a 10-dB comment, the AFL–CIO remarked that to account for variability. The OSHA recording threshold is adopted, the ‘‘The issue of audiometric test noise standard includes provisions that following scenario is possible: variability has been a settled matter standardize audiometric testing since the hearing conservation protocols. The requirements in Baseline audiogram—the threshold at 200 Hz amendment was promulgated nearly 20 § 1910.95 (g) Audiometric Testing is measured at 10 dB; however, the years ago and is adequately addressed Program, § 1910.95 (h) Audiometric Test equipment is off by ¥5 dB, so the threshold is really 15 dB by the existing provisions contained in Requirements, Mandatory Appendix C Follow-up audiogram—the threshold at 200 1904.10’’ (Ex. 3–24). The American to § 1910.95 Audiometric Measuring Hz is measured at 20 dB; however, the Textile Manufacturers Institute Instruments, Mandatory Appendix D to equipment is off by +5 dB, so the threshold commented that: ‘‘Variability is a given § 1910.95 Audiometric Test Rooms, and is still 15 dB in audiometric testing as it can never be Mandatory Appendix E to § 1910.95 This employee would have a recordable 10- an exact process as long as it relies on Acoustic Calibration of Audiometers, dB loss, yet, in reality, his/her hearing any given individual being tested to and the incorporated provisions of would be unchanged. This is the risk that sense a signal and respond. However, American Standard Specification for is taken with a 10-dB threshold—too many false positives (Ex. 3–30). variability can be minimized if there are Audiometers S3.6–1969 provide tight quality controls on the test standardized methodologies for The International Paper Company equipment, procedures, etc.’’ (Ex. 3–15). conducting hearing tests designed to stated that ‘‘[a]pplying the 10-dB STS The Coalition to Protect Workers assure, as far as possible, that criterion for recordkeeping purposes Hearing disagreed with OSHA’s audiograms are accurate. As discussed would have the effect of recording large suggestion that the 10-dB recordability in the preamble to the January 2001 numbers of workers whose hearing criterion does not allow for audiometric final rule (66 FR 6009), following these losses may simply be due to testing variability, stating that ‘‘The evaluation requirements will result in audiometric variability’’ (Ex. 3–14). The Society for of work-relatedness takes calibration test results with a variability of ±5 dB. the Plastics Industry (Ex. 3–25) cited a shifts into account, and such As the Medical Educational number of articles in the scientific audiometric variability occurs Development Institute argued in literature to argue that measurement infrequently. When random response to the 1996 proposal, ‘‘(t)est/ ± error in field testing as approximately measurement variability does occur, re-test reliability of 5 dB is well 10 dB and the measurement error under retesting reduces it’’, adding that ‘‘It is established in hearing testing. For ± laboratory conditions is 5 dB. The true that audiometric data are example, the Council on Accrediting Specialty Steel Industry of North vulnerable to calibration differences Occupational Hearing Conservationists America (SSINA) and the Steel between different audiometers. maintain this range of reliability in their Manufacturers Association (SMA), in a Calibration discrepancies may occur if training guidelines and this is combined comment, used information the employer changes service providers recognized in American National from the National Institute for (e.g., mobile audiometric testing, testing Standard Method for Manual Pure-Tone Occupational Safety and Health in an off-site clinic) or if the employer Threshold Audiometry, S3.21—1978 (NIOSH) to argue that typical switches audiometers for in-house (R1992).’’ At the ± 5-dB reliability level, audiometric testing variability is 10 dB, testing. Such change can easily affect errors of 10 dB will be infrequent. There stating that ‘‘(e)mployers will be data by 5 dB. However, calibration is a low probability that the audiometer required to record each occurrence of an discrepancies can be minimized through will be incorrect by ¥5 dB on one test STS at 10 dB, using a test that has a 10- careful procedural controls such as the and +5 dB on a subsequent test because dB measurement variability. This will use of bio-acoustic simulators and many of the variables affecting generate an overwhelming number of proper professional supervision of the reliability will remain the same from false positives’’ (Ex. 3–37). audiometric monitoring program’’ (Ex. year to year. The employer is likely to In a single comment, the National 3–23–1). use the same audiometer, in the same Chicken Council and the National The Dow Chemical Company, which room, operated by the same technician Turkey Federation argued that ‘‘Lacking has voluntarily been using 10-dB shifts from one test to the next. When these standardization in testing methods and for recording loss, stated that ‘‘In Dow’s variables are not held constant, or a 10- in testing equipment, this change will experience, following a standardized dB shift occurs due to residual random mean that employers will likely be testing protocol (using 29 CFR 1910.95), variability, the allowance for retesting forced to record (or fail to record) STSs and including adjustment for age and should largely eliminate spurious shifts that are inaccurately measured’’ (Ex. 3– the use of a retest in 30 days, has due to audiometric measurement errors. 19). The Hearing Conservation Team at provided accurate, consistent results’ Additionally, the use of an average shift the Naval Submarine Medical Research (Ex. 5–2). The National Institute for at three frequencies reduces the Laboratory (Ex. 3–56) reviewed the Occupational Safety and Health influence of random audiometric scientific literature on audiogram (NIOSH) argued that the variability of variability; this is one of the reasons that reliability and found that methodology testing should not be taken into account a frequency averaged shift was adopted used by various researchers varied in the recordkeeping rule because in the § 1910.95 STS definition. widely, making study comparisons audiometric variability issues have been It should be noted that it is impossible difficult. The Hearing Conservation addressed in the OSHA Noise Standard to eliminate audiometric errors in their Team recommended further research 29 CFR 1910.95. NIOSH stated that they entirety. Any recording level, no matter into the test-retest reliability of various believe that under the OSHA Noise how it is set, will be subject to some
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level of false positive and false negative and unnecessary to age correct the 25- retesting in the part 1904 and § 1910.95 errors. However, OSHA believes that the dB hearing level. rules would result in increased audiometric testing requirements of confusion for employers. Persistence § 1910.95, if followed, will provide The Agency has also rejected the reasonably accurate audiometric data for Although OSHA did not specifically suggestion that all hearing loss cases the administration of the OSHA noise ask for comment on the topic, several must be confirmed prior to recording standard, and for the recording of commenters raised the issue of how to them. Waiting for one year or longer to occupational hearing loss. As the Dow verify that recorded hearing loss cases record an occupational hearing loss Chemical Company (Ex. 5–2) are persistent. The OSHA noise would move the recording to a year in commented: ‘‘(f)ollowing a standardized standard addresses the issue of which the original hearing loss was not testing protocol (using 29 CFR 1910.95), temporary hearing losses by allowing initially discovered, would be and including adjustments for age and the employer to retest the employee’s administratively more complex for the use of a retest in 30 days, has hearing within 30 days employers, and would have a provided accurate, consistent results.’’ (1910.95(g)(7)(ii)). The 2001 rule detrimental effect on the hearing loss OSHA believes that the provisions adopted the same 30 day retest option data. Many legitimate hearing loss cases allowing the employer to age adjust at § 1904.10(b)(4) by allowing the could go unrecorded simply because the audiograms, seek advice from a employer to delay recording if a retest employee did not receive a subsequent physician or other licensed health care was going to be performed in the next audiogram due to job changes or some professional for determining work- 30 days. other circumstance that might occur relationship, retest within 30 days, and A number of commenters stated that before the next annual audiogram remove cases later found not to be OSHA should record only permanent required by the noise standard. persistent provide reasonable checks shifts in hearing (Exs. 3–23–1, 3–25, 3– In order to make it clear to employers 26, 3–37, 3–48, 3–50, 3–58, 3–61, 3–62). against false positive results being that they may remove any cases that are In a representative comment, Industrial recorded on the 300 Log. found to be temporary, the final rule has Health Inc. remarked that ‘‘[n]o shift, adopted the removal option Age Correction regardless of the number of dB, should recommended by the Coalition to be recorded unless it is found to be The final rule carries forward the Protect Workers Hearing, with three persistent in a second audiogram taken January 19, 2001 rule’s conceptual modifications. First, the final rule does at a later time, which we believe should framework allowing, but not requiring, not include the 15 month time limit. the employer to age adjust an be no less than 60 days and preferably OSHA does not believe that a time limit employee’s annual audiogram when 6 months or more after the initial is needed because any future audiogram determining whether or not a 10-dB audiogram which revealed the shift’’ that shows an improvement in hearing shift in hearing acuity has occurred. (Ex. 3–62). and refutes the recorded hearing loss There were no comments objecting to The National Association of would indicate a temporary hearing loss the age-correction of audiometric results Manufacturers and the Can that should be removed from the when evaluating Standard Threshold Manufacturing Institute, in a combined records. Second, the regulatory text does Shifts in hearing. However, the comment, argued that 30 days does not not specify that the removal must be at American Iron and Steel Institute (Ex. allow enough time to resolve transient the discretion of the reviewing 3–54), the Society for the Plastics conditions such as colds or allergies, Industry (Ex. 3–25) and the American and the retest period should be professional. The OSHA noise standard, Forest & Paper Association (Ex. 3–59), extended to one year (Ex. 3–50). The at § 1910.95(g)(3), requires that: in support of a recording criteria similar Coalition to Protect Workers Hearing Audiometric tests shall be performed by a to that adopted in the final rule, recommended that ‘‘(a)t the discretion licensed or certified audiologist, recommended that, ‘‘[b]ecause of the of the reviewing professional, within 15 otolaryngologist, or other physician, or by a recognized contribution of aging to months of the initial identification of technician who is certified by the Council of the STS, any STSs which are not Accreditation in Occupational Hearing hearing loss, all hearing loss Conservation, or who has satisfactorily determinations would be age-adjusted confirmed by subsequent retesting or demonstrated competence in administering in accordance with Appendix F to 29 otherwise found not to be work related, audiometric examinations, obtaining valid CFR 1910.95’’. may be lined out on Form 300. audiograms, and properly using, maintaining While the final rule allows the Documentation justifying line outs must and checking calibration and proper employer to age-correct the STS portion be provided and should be retained functioning of the audiometers being used. A of the recording criteria, there is no with the employees’ records’(Ex. 3–23). technician who operates microprocessor allowance for age correction for OSHA agrees with these commenters audiometers does not need to be certified. A determining a 25-dB hearing level. The that the goal of the rule is to record only technician who performs audiometric tests AMA Guides specifically state that total persistent hearing loss cases, and to must be responsible to an audiologist, hearing loss should not be age adjusted, help accomplish that goal, the Agency otolaryngologist or physician. and there is no recognized consensus has carried forward the 30 day retest Because the noise standard already method for age adjusting a single provision. However, OSHA has decided requires audiograms to be conducted by, audiogram. The method used in not to allow a longer retesting period. A or under the supervision of, a qualified Appendix F of § 1910.95 is designed to longer retesting period would increase professional, subsequent audiograms age correct STS, not absolute hearing the likelihood that the employer would that may refute the persistence of a ability. The 25-dB criteria is used to lose track of the case and therefore recorded hearing loss will be reviewed assure the existence of a serious illness, inadvertently fail to record the case. by the appropriate professional. The and reflects the employee’s overall These errors would have a detrimental § 1904.10 simply cross-references the health condition, regardless of effect on the accuracy of the records and need for the audiograms to be obtained causation. Age correcting the STS will run counter to OSHA’s goal of pursuant to the requirements of provide adequate safeguards against improving the quality of the injury and § 1910.95, so there is no need for the recording age corrected hearing loss. illness data. The Agency also believes § 1904.10 rule to repeat the review Therefore, it would be inappropriate that using different time periods for requirement. Third, the rule does not
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require the employer to maintain appropriate benchmark (Ex. 4–1). The because audiometers are designed to documentation concerning the removal vast majority of the commenters who provide results that are referenced to of cases. Section 1910.95(m)(2) of the addressed this issue supported using the audiometric zero. The hearing level at noise standard requires the employer to employee’s baseline audiogram (Exs. 3– each frequency is oftentimes printed by keep records of all audiometric tests that 15, 3–20, 3–21, 3–22, 3–23–1, 3–24, 3– the equipment, so there is rarely a need are performed, and those records will be 25, 3–27, 3–29, 3–30, 3–37, 3–47, 3–49, to perform manual calculations. available, should they be needed for 3–50, 3–53, 3–54, 3–57, 3–58, 3–59, 3– Work Relationship future reference. As a result, there is no 61, 3–62, 3–63, 4–2, 4–5, 5–2, 5–3, 5– need to add a duplicative paperwork 5 ). Alabama Power remarked that: The final rule published on January burden in the § 1904.10 rule. Therefore, [T]he appropriate benchmark against which 19, 2001 included a presumption of § 1904.10(b)(4) states that ‘‘If subsequent to measure hearing loss is the employee’s work-relatedness when employees are audiometric testing indicates that an original baseline. Using the employee’s exposed to loud noise at work, relying STS is not persistent, you may erase or original baseline ensures that employers are on the OSHA noise standards criteria of line-out the recorded entry’’. OSHA has not held responsible for any prior hearing an 8-hour 85 dBA exposure level, or a added this additional regulatory loss the employee may have suffered. total noise dose of 50 percent. The language to minimize the recording of Comparing an employee’s audiogram to preamble discussion of the work- audiometric zero would not take into account relatedness presumption was that: temporary hearing loss cases while any previous hearing loss that may have capturing complete data on the occurred prior to employment (Ex. 3–61). [I]n line with the overall concept of work incidence of hearing loss disorders. relationship adopted in this final rule for all The AFL–CIO agreed, stating that conditions, an injury or illness is considered Frequencies ‘‘Using the original baseline takes into work related if it occurs in the work Some commenters urged OSHA to account any hearing loss that a worker environment. For workers who are exposed measure hearing loss at frequencies may have experienced while employed to the noise levels that require medical other than 2000, 3000 and 4000 Hz (See, by a previous employer’’ and ‘‘Using the surveillance under § 1910.95 (an 8-hour time- e.g., Exs. 3–25, 3–54, 3–57, 3–58, 3–59, baseline ideogram (audiogram) will weighted average of 85 dB(A) or greater, or 3–61). Alabama Power (Ex. 3–61) and assist in preventing the recording of a total noise dose of 50 percent), it is highly cases of non-occupational hearing loss’ likely that workplace noise is the cause of or, the Southern Company (Ex. 3–58) at a minimum, has contributed to the recommended using 500, 1000, and (Ex. 3–24). observed STS. It is not necessary for the 2000 because ‘‘these are the frequencies The two-part test for recording that is workplace to be the sole cause, or even the where most communication occurs’’. being adopted in the final rule uses the predominant cause, of the hearing loss in Another group of commenters baseline audiogram as the reference order for it to be work-related (66 FR 6012). recommended the use of 500, 1000, point for determining whether or not the Several commenters discussed the 2000 and 3000 Hz because these are the employee has had a change in hearing difficulties of determining the work- frequencies specified by the American while employed by his or her current relatedness of hearing losses, and many Medical Association and the American employer, and then uses audiometric argued that the 8-hour 85 dBA Academy of Otolaryngology-Head and zero as the reference point for presumption was invalid (Exs. 3–2, 3– Neck Surgery, Inc. (Exs. 3–25, 3–54, 3– determining the overall hearing ability 3, 3–13, 3–20, 3–23–1, 3–25, 3–27, 3–29, 57, 3–59). of the affected employee. OSHA agrees 3–37, 3–43, 3–48, 3–50, 3–54, 3–63, 4– OSHA has decided to continue to use that the employee’s baseline audiogram 3). In a representative comment, the the frequencies used in the § 1910.95 is a superior reference point for Coalition to Protect Workers Hearing OSHA noise standard (2000, 3000, and measuring a change of hearing, a (Ex. 3–23–1) remarked that: 4000 Hz). While ‘‘most’’ communication Standard Threshold Shift. Using the occurs at lower frequencies, these are baseline audiogram taken upon [W]ork relatedness should not be presumed employment reduces the effect of any solely on the basis of an exposure to time- clearly audible frequencies where some weighted averages (TWAs) of 85 dBA or speech occurs, and where hearing loss prior hearing loss the employee have higher; instead it should be evaluated on a can have a significant impact on experienced, whether it is non- case-by-case basis. Presumption of work- workers’ lives outside of verbal occupational hearing loss or relatedness based on equivalent 8-hour communication. Using these frequencies occupational hearing loss caused by exposure alone is unsatisfactory because it reduces the burden on employers that previous employment. Therefore, the presumes that the employer’s hearing would be created by requiring separate final rule uses the employee’s original conservation program is completely calculations of audiometric results, and, baseline audiogram as the reference for ineffective and does not take into account the STS component of an initial hearing other factors such as hearing protector fit and as Industrial Health, Inc. stated ‘‘(w)ith use compliance. Presumption of work- regard to the early effects of noise loss cases, and uses the revised baseline relatedness is a disincentive for employers to exposure, it seems reasonable to extend audiogram from that initial case as the develop successful programs and to the definition across the standard shift reference for future cases. implement noise control because they receive frequencies 2000, 3000, and 4000 Hz’’ The 25-dB total hearing level no credit for their efforts. The audiologist or (Ex. 3–62). component of an OSHA recordable physician reviewing the audiometric record hearing loss uses a reference of should make a determination regarding Baseline Reference and Revision of audiometric zero. This portion of the whether the OSHA STS is work-related and Baseline recording criteria is used to assure that should do so when the 10-dB STS occurs. In its July 3, 2001 Federal Register the employee’s total hearing level is Other commenters suggested that if an notice OSHA asked the public to beyond the normal range of hearing, so employer has an active and enforceable comment on the appropriate benchmark it does not exclude hearing loss due to hearing conservation program in effect, against which to measure hearing loss, non-work causes, prior employment, or then the recordkeeping rule should e.g., the employee’s baseline audiogram, any other cause. The measurement presume that a hearing loss case is non- audiometric zero, or some other simply reflects the employee’s current work-related (Exs. 3–37, 3–50); that the measure (66 FR 35115). One commenter, hearing ability as reflected in the most rule needs to take non-work noise Eric Zaban with the State of Michigan, recent audiogram. This comparison to exposure into account (Exs. 3–29, 3–37, suggested using audiometric zero as the audiometric zero is a simple matter, 3–50); and that the rule should only
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consider a hearing loss to be work- significantly aggravated by occupational date of the hearing loss requirement related if work contributed more than noise exposure, the employer is not until January 1, 2004 while the Agency 50% (Ex. 3–63). Several commenters required to consider the case work- reconsiders the column requirement in made the same argument as the related, and therefore is not required to light of public comment. To facilitate Coalition to Protect Workers Hearing, record it. public comment, OSHA has separated arguing that each case should be When evaluating the work relatedness the requirement from § 1904.10(a) and evaluated on its merits (Exs. 3–29, 3–43, of a given hearing loss case, the placed it in a separate paragraph at 3–50, 3–63). The American Foundry employer should take several factors § 1904.10(b)(7), which asks ‘‘How do I Society argued that ‘‘[w]ork-relatedness into account. The Coalition to Protect complete the 300 Log for a hearing loss should be evaluated by a health care Workers Hearing recommended that case?’’ and answers ‘‘When you enter a professional with experience in employers consider prior occupational recordable hearing loss case on the occupational health. Low level and non-occupational noise exposure, OSHA 300 Log, you must check the 300 occupational noise exposure or evaluation of calibration records and the Log column for hearing loss illnesses.’’ documented regular use of hearing audiometric environment, investigation To further help assure that the public is protection devices (HPDs) in noisy areas of related activities and personal informed about this additional should mitigate against the presumption medical conditions, and age correction rulemaking activity, OSHA is adding a of work-relatedness’ (Ex. 3–63). before presuming that hearing loss is regulatory note to § 1904.10(b)(7) OSHA agrees with these commenters work related (Ex. 3–23–1). One explaining that OSHA is delaying the that it is not appropriate to include a important factor to consider is the applicability of § 1904.10(b)(7) until presumption of work-relatedness for effectiveness of the hearing protection further notice while the Agency hearing loss cases to employees who are program. When employees are exposed reconsiders the hearing loss column. working in noisy work environments. It to high levels of noise in the workplace, is possible for a worker who is exposed and do not wear appropriate hearing Miscellaneous Hearing Loss Issues at or above the 8-hour 85-dBA action protection devices, a case of hearing loss OSHA received one miscellaneous levels of the noise standard to is more likely to be work-related. If an comment that is worthy of discussion. experience a non-work-related hearing employee’s hearing protection devices The International Chemical Workers loss, and it is also possible for a worker are not appropriate for the noise Union Council (Ex. 3–53) remarked that to experience a work-related hearing conditions, if they do not fit properly, ‘‘[i]t is difficult for workers and their loss and not be exposed above those or if they are not used properly and representatives to gain access to levels. Therefore, the final rule states consistently, they may not provide audiometric exams or summaries of that there are no special rules for enough protection to prevent workplace those exams’’. Several of OSHA’s rules determining work-relationship and noise from contributing to a hearing loss provide access rights to audiometric restates the rule’s overall approach to case. data. Section 1910.95(g)(8) of the noise determining work-relatedness—that a Adding a Column to the 300 Log standard requires employers to inform case is work-related if one or more employees, in writing, that they have Section 1904.10(a) of the January 2001 events or exposures in the work experienced a standard threshold shift. rule required that employers check a environment either caused or OSHA’s rule for access to employee hearing loss column on the Log when contributed to the hearing loss, or exposure and medical records recording a hearing loss case. OSHA is significantly aggravated a pre-existing (§ 1910.1020) requires employers to issuing a separate Federal Register hearing loss. provide access to medical records, document proposing to delay the The final rule’s approach to exposure records, and analyses of effective date of the hearing loss column determining work-relatedness differs records to employee’s and their from the January 2001 rule for three requirement until January 1, 2004, and designated representatives. Finally, the reasons. First, although it is likely that asking for comment on issues related to part 1904 regulation requires employers occupational exposure to noise in the hearing loss column. The 1996 to provide employee access to the excess of 85 dBA will be a causal factor proposed recordkeeping rule did not OSHA injury and illness data. in hearing loss in some cases, a contain a hearing loss column presumption of work-relatedness is not requirement, and did not ask for Economic Analysis justified in all cases. Further evaluation comment on whether a column should Costs of the Revisions to the Hearing is needed to make this determination. be added. In the 2001 final rule, OSHA Loss Recording Provisions Second, the policy in the final rule is explained that it was adding a hearing consistent with the general principle in loss column to the 300 Log so that BLS OSHA has determined that the total § 1904.5 that work-relatedness is to be could produce more reliable statistics cost of this action is $1,049,650 per year determined on a case-by-case basis. on occupational hearing loss cases (66 and, thus, that it is not an economically Third, the approach used in the January FR 6005). OSHA’s July 3, 2001 Federal significant regulatory action within the 2001 rule is not supported by comments Register notice sought comment on meaning of Executive Order 12866. The to the docket. None of the commenters alternative criteria for recording methodology that OSHA has used for supported the presumption, while many occupational hearing loss, but did not computing costs for the new rule is opposed it. mention the hearing loss column as an presented in the next two sections. The final rule also continues the 2001 issue. rule’s policy allowing the employer to OSHA does not believe that the Changes in Coverage seek the guidance of a physician or existing record provides an adequate Under the 2002 rule, employers were other licensed health care professional basis to determine the need for the required to record all hearing loss cases when determining the work-relatedness hearing loss column. OSHA believes that involved a work-related Standard of hearing loss cases. Paragraph (b)(6) of that interested parties should be Threshold Shift (STS) of an average of the rule states that if a physician or allowed to comment on the issue. 25 dB or more at 2000, 3000 and 4000 other licensed health care professional Accordingly, OSHA is publishing a hertz (Hz) in either ear, compared to the determines that the hearing loss is not separate Federal Register document employee’s original baseline audiogram. work-related or has not been today, proposing to delay the effective The new rule requires recording all
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hearing loss cases that involve a work- Therefore, OSHA estimates 105,779 would require five minutes to pull, copy related STS of an average of 10 dB or (144,627 ¥ 38,848) additional cases of (at $0.05), and replace the relevant Form more if the accumulated loss of hearing occupational hearing loss will be 301. is at least 25 dB above audiometric zero. captured by the final section 1904.10 The estimated total cost of providing (The use of the tables in Appendix F of regulation, and has rounded this figure access to additional hearing loss records the Noise Standard to adjust for aging to 105,000 for cost estimation purposes. would thus be $47,110 [= (21,000 × × remains unchanged.) Annual Costs of Maintaining Records Forms) (5 Minutes ($30.02/Hour) + OSHA estimates that approximately $.05/Copy)]. Thus, according to the 40,000 hearing loss cases would have to The additional hearing loss cases will above analysis, the total annual cost of be recorded under the 2002 rule, as require additional entries on the OSHA this regulatory action is $1,049,650. opposed to approximately 145,000 Form 300 Log and Summary of Benefits hearing loss cases under the new rule. Occupational Injuries and Illnesses and Thus, the new rule increases the the OSHA Form 301 Injury and Illness Hearing loss cases result in number of recordable hearing loss cases Incident Report. Access of employees substantial disability and lead to safety by approximately 105,000. (In the Final and their representatives to the accidents as well. OSHA believes that Economic Analysis of the 2001 revisions additional Form 301s will also involve aligning the recording threshold for to the rule, OSHA estimated that there costs. such cases with the STS criterion in the OSHA estimates that employers will would be 275,000 additional hearing Agency’s Noise Standard will simplify incur for each additional hearing loss loss cases (66 FR 6121), but the new rule recording for many employers who are case a cost of 15 minutes for the Log has a narrower definition of hearing loss already familiar with this criterion and entry. provide more opportunities for cases than the 2001 rule.) As explained in the 2001 Final employers to intervene to prevent other Economic Analysis, based on data Estimating the Number of Recordable hearing loss cases. Hearing Loss Cases collected during approximately 400 recordkeeping audit inspections, OSHA As explained in the 2001 Final To estimate the number of cases that estimates that 82 percent of incidents Economic Analysis, possession of would be recorded, OSHA used the will be recorded on forms other than information about events and exposures same estimation methodology as in the Form 301, such as workers’ will increase the ability of employers January 19, 2001 final rule. First, OSHA compensation forms. The remaining and employees to identify hazardous estimated the number of employees that 18% of additional hearing loss cases conditions and to take remedial action would receive audiometric tests. will take 22 minutes for the filling out to prevent future illnesses. If this OSHA’s noise standard § 1910.95 the Form 301. enhanced ability to identify (and thus requires employers to provide baseline Assuming that an individual with the address) hazards translates into a and annual audiograms (and take other skill level of a Personnel Training and reduction even as small as 0.5 to 1 actions) when employees are exposed to Labor Relations Specialist will do the percent of the estimated number of certain noise levels. OSHA believes that recordkeeping required by this rule, an additional recordable cases, it would approximately 23% of workers in the hourly wage of $30.02 is used to mean the prevention of 525 to 1,050 × manufacturing sector are covered by the compute cost. (The average hourly wage illnesses per year [= (.005 to .01 OSHA noise standard. Therefore, the for a Personnel Training and Labor 105,000]. number of covered manufacturing Relations Specialist as reported in the The revisions in the rule will also workers is 4,255,000 (18,500,000 Bureau of Labor Statistics Occupational make the injury and illness records × manufacturing workers .23). OSHA Employment Statistics Survey for Year more useful to OSHA, as well as to estimates that an additional 10% of 2000 was $21.71; benefits are computed employers and employees. workers are covered in other general at 38.3 percent of the hourly wage.) Improvements in the records being kept industry sectors (such as transportation Thus, employers will incur, for each by employers would enhance OSHA’s and utilities) or receive audiograms in additional hearing loss case, data entry capacity to focus compliance outreach industries not required to perform costs of 15 minutes for the Log entry efforts on the most significant hazards; audiometric testing under the OSHA plus, for 18% of the cases, 22 minutes identify types or patterns of illness noise standard (such as construction for the Form 301. The total annual cost whose investigation might lead to and agriculture). Therefore, the total is estimated to be $996,064 [= (105,000 regulatory changes or other types of number of covered workers is estimated Cases) × (15 Minutes/Case) × ($30.02/ prevention efforts, such as enforcement to be approximately 4,680,500 Hour) + (18,900 Cases) × (22 Minutes/ strategies, information and training, or (4,255,000 × 1.1). Case) × ($30.02/Hour)]. technology development; and set OSHA then reviewed a National As in the Year 2001 Final Economic priorities among establishments for Institute for Occupational Safety and Analysis, OSHA assumes that (a) at one- inspection purposes. Health (NIOSH) database of audiograms tenth of covered establishments, one Employers and employees both stand to determine the proportion of employee would request access to his or to benefit from the more effective use of audiograms meeting the recording her own Form 301 (10,500 instances), OSHA’s resources. The enhanced ability criteria. 3.09% of audiograms met the and (b) at one percent of covered of compliance officers to identify final rule’s criteria for recording hearing establishments, a union representative patterns of illness will enable OSHA to loss, and 0.83% met the 2002 recording would request access to all Form 301s focus on more serious problems. criteria (25 dB). Applying this at the establishment. Using the same Identification of such patterns will also percentage to the number of employees estimation method as the 2001 increase the ability of employers to receiving annual audiograms results in Economic Analysis, OSHA estimates control these hazards and prevent other 144,627 (4,680,500 × 0.0309) estimated union representative access will result similar illnesses. To the extent that hearing loss cases under the final rule, in an additional 10,500 forms being employers take advantage of this and 38,848 (4,680,500 × .0083) provided by employers. OSHA assumes information, the burden of OSHA estimated hearing loss cases recorded that, for each of the 21,000 forms being inspections should be reduced in the under the 2002 rule. provided (10,500 + 10,500), employers long run. Employees clearly also will
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benefit from these reductions in final regulation. These states and § 1904.10 Recording criteria for cases illnesses. territories are: Alaska, Arizona, involving occupational hearing loss. California, Hawaii, Indiana, Iowa, (a) Basic requirement. If an Regulatory Flexibility Certification Kentucky, Maryland, Michigan, employee’s hearing test (audiogram) The 2001 revisions of the Minnesota, Nevada, New Mexico, North reveals that the employee has recordkeeping rule, which were much Carolina, Oregon, Puerto Rico, South experienced a work-related Standard more extensive, did not have a Carolina, Tennessee, Utah, Vermont, Threshold Shift (STS) in hearing in one significant impact on a substantial Virginia, Virgin Islands, Washington, or both ears, and the employee’s total number of small entities (66 FR 6121). and Wyoming. Connecticut, New Jersey, hearing level is 25 decibels (dB) or more In the Final Economic Analysis for and New York have OSHA approved above audiometric zero (averaged at those revisions, OSHA estimated that State Plans that apply to state and local 2000, 3000, and 4000 Hz) in the same over the entire range of SICs affected, government employees only. ear(s) as the STS, you must record the the average cost per small firm was only A few commenters urged OSHA to case on the OSHA 300 Log. (b) Implementation. $31.63. The impacts of those revisions make sure that the State Plan States (1) What is a Standard Threshold on sales and profits did not exceed 1 have the same recording criteria as Shift? A Standard Threshold Shift, or percent for small firms in any covered federal OSHA (see, e.g., Exs. 3–22, 3–30, STS, is defined in the occupational industry (66 FR 6108). 3–49, 3–55). During 2002, the State Plan Even if all the additional hearing loss noise exposure standard at 29 CFR States were allowed to maintain their cases estimated to result from this year’s 1910.95(g)(10)(i) as a change in hearing policies for the recording of hearing loss revisions were distributed among the threshold, relative to the baseline to maintain their former requirements, 541,988 small firms that keep the injury audiogram for that employee, of an while OSHA reconsidered what the and illness records (as OSHA identified average of 10 decibels (dB) or more at appropriate recording criteria should be. in its Year 2001 Final Economic 2000, 3000, and 4000 hertz (Hz) in one In the Federal Register document Analysis) the average cost of the current or both ears. announcing the one year delay and the revisions per small firm would be less (2) How do I evaluate the current interim policy for year 2002, OSHA than two dollars. audiogram to determine whether an stated that when it issues a final OSHA hereby certifies that the current employee has an STS and a 25–dB determination for the recording of revision to the hearing loss recording hearing level? occupational hearing loss for calendar provisions, with an estimated annual (i) STS. If the employee has never years 2003 and beyond, the states would cost of just over a million dollars, will previously experienced a recordable be required to have identical criteria (66 not have a significant impact on a hearing loss, you must compare the FR 52033). Now that OSHA has issued substantial number of small entities. employee’s current audiogram with that its final determination, the States are employee’s baseline audiogram. If the Unfunded Mandates required to promulgate identical employee has previously experienced a For the purposes of the Unfunded criteria. recordable hearing loss, you must Mandates Reform Act of 1995, as well Executive Order compare the employee’s current as Executive Order 12875, this rule does audiogram with the employee’s revised not include any Federal mandate that This document has been deemed baseline audiogram (the audiogram may result in increased expenditures by significant under Executive Order 12866 reflecting the employee’s previous State, local, and tribal governments, or and has been reviewed by OMB. recordable hearing loss case). (ii) 25–dB loss. Audiometric test increased expenditures by the private Authority sector of more than $100 million in any results reflect the employee’s overall year. This document was prepared under hearing ability in comparison to audiometric zero. Therefore, using the Federalism the direction of John L. Henshaw, Assistant Secretary for Occupational employee’s current audiogram, you This rule has been reviewed in Safety and Health, U.S. Department of must use the average hearing level at accordance with Executive Order 13132 Labor, 200 Constitution Avenue, NW., 2000, 3000, and 4000 Hz to determine (52 FR 41685), regarding Federalism. Washington, DC 20210. It is issued whether or not the employee’s total Because this rulemaking action involves pursuant to section 8 of the hearing level is 25 dB or more. a ‘‘regulation’’ issued under section 8 of Occupational Safety and Health Act of (3) May I adjust the current the OSH Act, and not a ‘‘standard’’ 1970 (29 U.S.C. 657). audiogram to reflect the effects of aging issued under section 6 of the Act, the on hearing? Signed at Washington, DC, this 25th day of Yes. When you are determining rule does not preempt State law, see 29 June, 2002. U.S.C. 667(a). The effect of the rule on whether an STS has occurred, you may John L. Henshaw, States is discussed in the State Plans age adjust the employee’s current section of this preamble. Assistant Secretary of Labor. audiogram results by using Tables F–1 or F–2, as appropriate, in Appendix F of Paperwork Reduction Act For the reasons stated in the preamble, 29 CFR part 1904 is amended 29 CFR 1910.95. You may not use an age OSHA will modify its previously as follows: adjustment when determining whether approved information collection the employee’s total hearing level is 25 requirements prior to the January 1, PART 1904—[AMENDED] dB or more above audiometric zero. 2003 effective date. (4) Do I have to record the hearing loss if I am going to retest the State Plans 1. The authority citation for part 1904 continues to read as follows: employee’s hearing? The 26 States and territories with No, if you retest the employee’s Authority: 29 U.S.C. 657, 658, 660, 666, their own OSHA-approved occupational 673, Secretary of Labor’s Order No. 3–2000 hearing within 30 days of the first test, safety and health plans must adopt a (65 FR 50017), and 5 U.S.C. 533. and the retest does not confirm the comparable regulation within six recordable STS, you are not required to months of the publication date of this 2. Revise § 1904.10 to read as follows: record the hearing loss case on the
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OSHA 300 Log. If the retest confirms the transactions to the Department of the suspicious transactions. As amended by recordable STS, you must record the Treasury. The amendments constitute a the USA Patriot Act, subsection (g)(1) hearing loss illness within seven (7) further step in the creation of a states generally: calendar days of the retest. If subsequent comprehensive system for the reporting The Secretary may require any financial audiometric testing performed under the of suspicious transactions by the major institution, and any director, officer, testing requirements of the § 1910.95 categories of financial institutions employee, or agent of any financial noise standard indicates that an STS is operating in the United States, as a part institution, to report any suspicious not persistent, you may erase or line-out of the counter-money laundering transaction relevant to a possible violation of law or regulation. the recorded entry. program of the Department of the (5) Are there any special rules for Treasury. Subsection (g)(2)(A) provides further determining whether a hearing loss case DATES: Effective Date: July 31, 2002. that is work-related? Applicability Date: December 30, No. You must use the rules in If a financial institution or any director, 2002. See 31 CFR 103.19(h) of the final officer, employee, or agent of any financial § 1904.5 to determine if the hearing loss rule contained in this document. institution, voluntarily or pursuant to this is work-related. If an event or exposure FOR FURTHER INFORMATION CONTACT: section or any other authority, reports a in the work environment either caused suspicious transaction to a government or contributed to the hearing loss, or Peter G. Djinis, Executive Assistant Director for Regulatory Policy, FinCEN, agency— significantly aggravated a pre-existing (i) the financial institution, director, hearing loss, you must consider the case at (703) 905–3930; Judith R. Starr, Chief officer, employee, or agent may not notify to be work related. Counsel, Cynthia L. Clark, Deputy Chief any person involved in the transaction that (6) If a physician or other licensed Counsel, and Christine L. Schuetz, the transaction has been reported; and health care professional determines the Attorney-Advisor, Office of Chief (ii) no officer or employee of the Federal hearing loss is not work-related, do I Counsel, FinCEN, at (703) 905–3590. Government or of any State, local, tribal, or still need to record the case? SUPPLEMENTARY INFORMATION: territorial government within the United If a physician or other licensed health States, who has any knowledge that such I. Statutory Provisions report was made may disclose to any person care professional determines that the The BSA, Public Law 91–508, as involved in the transaction that the hearing loss is not work-related or has transaction has been reported, other than as not been significantly aggravated by amended, codified at 12 U.S.C. 1829b, necessary to fulfill the official duties of such occupational noise exposure, you are 12 U.S.C. 1951–1959, and 31 U.S.C. officer or employee. not required to consider the case work- 5311–5332, authorizes the Secretary of related or to record the case on the the Treasury, inter alia, to issue Subsection (g)(3)(A) provides that OSHA 300 Log. regulations requiring financial neither a financial institution, nor any (7) How do I complete the 300 Log for institutions to keep records and file director, officer, employee, or agent of a hearing loss case? reports that are determined to have a any financial institution When you enter a recordable hearing high degree of usefulness in criminal, that makes a voluntary disclosure of any loss case on the OSHA 300 Log, you tax, and regulatory matters, or in the possible violation of law or regulation to a must check the 300 Log column for conduct of intelligence or counter- government agency or makes a disclosure hearing loss. intelligence activities to protect against pursuant to this subsection or any other authority * * * shall * * * be liable to any Note to 1904.10(b)(7): The applicability of international terrorism, and to implement counter-money laundering person under any law or regulation of the paragraph (b)(7) is delayed until further United States, any constitution, law, or notice. programs and compliance procedures.1 Regulations implementing Title II of the regulation of any State or political subdivision of any State, or under any [FR Doc. 02–16392 Filed 6–28–02; 8:45 am] BSA (codified at 31 U.S.C. 5311 et seq.) contract or other legally enforceable BILLING CODE 4510–26–P appear at 31 CFR part 103. The agreement (including any arbitration authority of the Secretary to administer agreement), for such disclosure or for any the BSA has been delegated to the failure to provide notice of such disclosure DEPARTMENT OF THE TREASURY Director of FinCEN. to the person who is the subject of such The Secretary of the Treasury was disclosure or any other person identified in 31 CFR Part 103 granted authority in 1992, with the the disclosure. enactment of 31 U.S.C. 5318(g),2 to RIN 1506–AA21 require financial institutions to report Finally, subsection (g)(4) requires the Secretary of the Treasury, ‘‘to the extent Financial Crimes Enforcement practicable and appropriate,’’ to Network; Amendment to the Bank 1 Language expanding the scope of the BSA to intelligence or counter-intelligence activities to designate ‘‘a single officer or agency of Secrecy Act Regulations— protect against international terrorism was added by the United States to whom such reports Requirement that Brokers or Dealers in section 358 of the Uniting and Strengthening shall be made.’’ 3 The designated agency Securities Report Suspicious America by Providing Appropriate Tools Required is in turn responsible for referring any Transactions to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001 (the ‘‘USA Patriot Act’’), Public report of a suspicious transaction to AGENCY: Financial Crimes Enforcement Law 107–56. ‘‘any appropriate law enforcement, Network (‘‘FinCEN’’), Treasury. 2 31 U.S.C. 5318(g) was added to the BSA by supervisory agency, or United States intelligence agency for use in the ACTION: Final rule. section 1517 of the Annunzio-Wylie Anti-Money Laundering Act (the ‘‘Annunzio-Wylie Anti-Money conduct of intelligence or SUMMARY: Laundering Act’’), Title XV of the Housing and counterintelligence activities, including This document contains Community Development Act of 1992, Public Law amendments to the regulations 102–550; it was expanded by section 403 of the implementing the statute generally Money Laundering Suppression Act of 1994 (the 3 This designation does not preclude the authority referred to as the Bank Secrecy Act ‘‘Money Laundering Suppression Act’’), Title IV of of supervisory agencies to require financial the Riegle Community Development and Regulatory institutions to submit other reports to the same (‘‘BSA’’). The amendments require Improvement Act of 1994, Public Law 103–325, to agency or another agency ‘‘pursuant to any other brokers or dealers in securities (‘‘broker- require designation of a single government recipient applicable provision of law.’’ 31 U.S.C. dealers’’) to report suspicious for reports of suspicious transactions. 5318(g)(4)(C).
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analysis, to protect against international suspicious transactions by virtue of the Anti-Money Laundering Compliance terrorism.’’ Id., at subsection (g)(4)(B). application to them of rules issued by Programs Section 356 of the USA Patriot Act the federal bank supervisory agencies. The provisions of 31 U.S.C. 5318(h), required Treasury, after consultation In April 1996, banks, thrifts, and other added to the BSA in 1992 by section with the Securities and Exchange banking organizations became subject to 1517 of the Annunzio-Wylie Anti- Commission and the Board of Governors a requirement to report suspicious Money Laundering Act, authorize the of the Federal Reserve System, to transactions pursuant to final rules Secretary of the Treasury ‘‘[i]n order to publish proposed regulations before issued by FinCEN,5 under the authority guard against money laundering through January 1, 2002, requiring broker- contained in 31 U.S.C. 5318(g). In financial institutions * * * [to] require dealers to report suspicious transactions collaboration with FinCEN, the federal financial institutions to carry out anti- under 31 U.S.C. 5318(g). In accordance bank supervisors (the Board of money laundering programs.’’ 31 U.S.C. with this requirement, Treasury Governors of the Federal Reserve 5318(h)(1). Those programs may include published a Notice of Proposed ‘‘the development of internal policies, Rulemaking relating to suspicious System (‘‘Federal Reserve’’), the Office of the Comptroller of the Currency procedures, and controls’’; ‘‘the transaction reporting by broker-dealers designation of a compliance officer’’; on December 31, 2001. Section 356 (‘‘OCC’’), the Federal Deposit Insurance Corporation (‘‘FDIC’’), the Office of ‘‘an ongoing employee training requires final regulations to be issued by program’; and ‘‘an independent audit Thrift Supervision (‘‘OTS’’), and the July 2, 2002. function to test programs.’’ 31 U.S.C. National Credit Union Administration 5318(h)(A–D). Section 352 of the USA II. Broker-Dealer Regulation and (‘‘NCUA’’)) concurrently issued Money Laundering Patriot Act amended section 5318(h) to suspicious transaction reporting rules require all entities defined as ‘‘financial The regulation of the securities under their own authority. See 12 CFR institutions’’ under the BSA, including industry in general and of broker- 208.62 (Federal Reserve Board); 12 CFR broker-dealers, to develop and dealers in particular relies on both the 21.11 (OCC); 12 CFR 353.3 (FDIC); 12 implement anti-money laundering Securities and Exchange Commission CFR 563.180 (OTS); and 12 CFR 748.1 programs by April 24, 2002. (the ‘‘SEC’’) and the registered securities (NCUA). The bank supervisory agency On April 23, 2002, FinCEN associations and national securities rules apply to banks, non-depository promulgated regulations under section exchanges (so-called self-regulatory institution affiliates and subsidiaries of 352 of the USA Patriot Act.8 Among organizations or ‘‘SROs’’). Broker- banks and bank holding companies other things, the rules provide that dealers have long reported securities (including broker-dealers), and bank broker-dealers will be deemed to be in law violations through existing holding companies (including bank compliance with section 352 of the USA relationships with law enforcement, the holding companies that are themselves Patriot Act if they establish and SEC, and the SROs. The SEC and the broker-dealers).6 The final rule maintain anti-money laundering SROs have taken measures to address programs as required by the SEC or money laundering concerns at broker- contained in this document applies to all broker-dealers, without regard to SROs. The SEC has recently published dealers.4 The SEC adopted rule 17a–8 in Orders approving rules proposed by the whether they are affiliates or 1981 under the Securities and Exchange National Association of Securities Act of 1934 (‘‘Exchange Act’’), which subsidiaries of banks or bank holding 7 Dealers, Inc. (‘‘NASD’’), the New York enables the SROs, subject to SEC companies. Stock Exchange, Inc. (‘‘NYSE’’), and the oversight, to examine for BSA Philadelphia Stock Exchange, requiring compliance. Accordingly, both the SEC 5 See 31 CFR 103.18. The suspicious transaction member organizations to develop and and SROs will address broker-dealer reporting rules under the BSA for banking organizations previously appeared at 31 CFR 103.21 implement anti-money laundering 9 compliance with this rule. before that section was renumbered as 31 CFR programs. The rules were drafted to Certain broker-dealers have been 103.18. See 65 FR 13683, 13692 (March 14, 2000). provide minimum standards for the subject to suspicious transaction 6 For example, 12 CFR 225.4(f) subjects non-bank mandatory anti-money laundering reporting since 1996. In particular, subsidiaries of bank holding companies to the program requirement contained in broker-dealers that are affiliates or suspicious transaction reporting requirements of section 352 of the USA Patriot Act. In subsidiaries of banks or bank holding Regulation H of the Board of Governors at 12 CFR addition, these securities self-regulatory companies have been required to report 208.62. Broker-dealers to which the bank organization rules will also require supervisory agency rules for suspicious transaction reporting currently apply represent approximately broker-dealers to have compliance 4 For example, in April 2001, the Director of the half of the business of the broker-dealer industry, programs for suspicious transaction Office of Compliance Inspections and Examinations although in terms of numbers, they are only a small reporting.10 at the SEC announced that the Commission would undertake compliance sweeps of broker-dealers in percentage of the approximately 8,300 broker- the fall of 2001. See Money Laundering: It’s on the dealers in the United States. 8 See 67 FR 21110—21127 (April 29, 2002). SEC’s Radar Screen, Remarks at the Conference on 7 Money transmitters, issuers, sellers, and 9 See 67 FR 20854 (April 26, 2002), and 67 FR Anti-Money Laundering Compliance for Broker- redeemers of money orders, and issuers, sellers, and 40366 (June 12, 2002). Dealers Securities Industry Association (May 8, redeemers of traveler’s checks are subject to a 10 Existing securities law and self-regulatory 2001) (transcript available at www.sec.gov/news/ similar reporting requirement pursuant to a final organization rules will ensure that broker-dealers speech/spch486.htm). BSA compliance with non- rule published in the Federal Register on March 14, have suspicious activity reporting rule compliance suspicious activity reporting related provisions has 2000. See 31 CFR 103.20. Under that rule, reporting programs in place. In particular, section 19(g) of the been included in the SEC’s examination and is required for suspicious transactions involving or Exchange Act provides that ‘‘[e]very self-regulatory enforcement programs since the 1970s, and in the aggregating at least $2,000 in general or at least organization shall comply with the provisions of SROs’ programs since 1982. The New York Stock this title, the rules and regulations thereunder, and $5,000 in the case of issuers of money orders and Exchange and the National Association of Securities its own rules, and * * * absent reasonable traveler’s checks to the extent the transactions to be Dealers have both issued statements dating back to justification or excuse enforce compliance.’’ Both 1989 regarding the importance of suspicious reported are identified from a review of clearance the National Association of Securities Dealers and activity reporting to avoid money laundering records and similar documents. Finally, FinCEN the New York Stock Exchange have promulgated charges. See Report to the Chairman, Permanent has proposed a rule that would require casinos and compliance program rules. See NASD Rule 3010 Subcommittee on Investigations, Committee on card clubs to report suspicious transactions and NYSE Rule 342, including Supplemental Governmental Affairs, U.S. Senate, Anti-Money involving or aggregating at least $3,000. See 63 FR Material .30. Rule 17a-8 of the Exchange Act Laundering Efforts in the Securities Industry, GAO– 27230 (May 18, 1998), and 67 FR 15138 (March 29, requires broker-dealers to comply with applicable 02–111, October 2001, at 22. 2002). Continued
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III. Notice of Proposed Rulemaking and subsidiaries of bank holding threshold for transactions involving On December 31, 2001, FinCEN companies. insider abuse. The final rule also does not adopt a $25,000 reporting threshold published a notice of proposed 1. Similarity of the Rule With Title 12 for transactions in which a broker-dealer rulemaking (the ‘‘Notice’’), 66 FR 67670, Rules that would extend the requirement to cannot identify a suspect. First, broker- The Notice proposed requiring a dealers operate in such a way that in report suspicious transactions to broker- broker-dealer to report two categories of most cases, the identity of their dealers. The comment period for the transactions involving or aggregating at customers will be known to them. Notice ended on March 1, 2002. FinCEN least $5,000. The first category consisted Second, the type of activity likely to be received 13 comment letters on the of known or suspected federal criminal reported by a broker-dealer under Notice. Of these, six were submitted by violations when the broker-dealer is circumstances where the broker-dealer trade associations, two by financial either an actual or potential victim of a cannot identify the customer, such as holding companies, and one each by a criminal violation, or the broker-dealer identity theft or fraud, is the sort of mutual fund complex, bank, law firm, is used to facilitate a criminal activity that this rule is intended to government agency, and compliance transaction. This category of transaction capture, and its reporting should not be company. appears in the suspicious activity limited. Therefore, the reporting IV. Summary of Comments and reporting rules currently applicable to threshold for all categories of suspicious Revisions depository institutions under Title 12 transactions required to be reported promulgated by the federal banking under the final rule is $5,000. A. Introduction supervisory agencies, but does not One commenter argued that, in The format of the final rule is appear in suspicious transaction including the first category of reporting generally consistent with the Notice. reporting regulations promulgated by in the Notice, FinCEN exceeded its The terms of the final rule, however, FinCEN under Title 31 for banks and authority under Section 5318(g) and the differ from the terms of the Notice in the money services businesses (and USA Patriot Act, contending that this following significant respects: proposed for casinos). The second category is not contained in the • The categories of reportable activity category consisted of transactions that suspicious transaction reporting rules have been streamlined and reorganized (1) involve illegally derived funds promulgated by FinCEN under Title 31 to clarify that all violations of law, other (money laundering), (2) appear designed with respect to banks and money than those specifically exempted by the for the purpose of evading BSA services businesses. As noted above, the rule, are within the scope of required requirements, or (3) are unusual, either USA Patriot Act imposes upon Treasury reporting; because they do not seem to be designed a deadline for publication of a final rule • An exception from reporting to make economic sense, or they are requiring broker-dealers to file relating to robbery or burglary has been unusual for the particular customer. suspicious transaction reports; the added to the rule; This second category of reportable statutory authority under which • Language has been added to clarify transactions appears in both the Title 12 Treasury implements suspicious that only one report is required to be and Title 31 suspicious transaction transaction reporting rules is contained filed with respect to a reportable reporting rules. in 31 U.S.C. 5318(g)(2), which was transaction, to avoid double reporting Commenters raised several issues enacted in 1992. That section authorizes on the same transaction by, for example, about the degree to which the rule the Secretary of the Treasury to require an introducing broker and a clearing proposed in the Notice should be a financial institution to ‘‘report any broker. harmonized with the Title 12 suspicious suspicious transaction relevant to a transaction reporting rules. Several possible violation of law or regulation.’’ B. Comments—General Issues commenters argued that for the first Thus, it is within Treasury’s authority to Comments on the Notice discussed category of reportable transactions, the require the reporting of any suspected several general matters including: (1) final rule should adopt the three-tiered criminal activity occurring at a financial The appropriate degree of similarity reporting threshold that appears in the institution. between the rule and suspicious Title 12 rules. Under the Title 12 rules, Although the first category of transaction reporting rules promulgated where a broker-dealer is either an actual reporting does not appear in other Title by the federal banking supervisory or potential victim of a criminal 31 suspicious transaction reporting agencies under Title 12; (2) the violation, or the broker-dealer is used to rules, it was included in the Notice to exceptions from reporting for violations facilitate a criminal transaction, the ensure that transactions involving of securities laws and SRO rules; (3) the reporting threshold is zero for legally-derived funds that the broker- relationship of introducing and clearing transactions involving insider abuse, dealer suspects are being used for a brokers in the context of suspicious and $5,000 for other types of criminal purpose (for example, transaction reporting; (4) the application transactions (or $25,000 if a suspect transactions that the broker-dealer of the rule to entities that are dually cannot be identified). suspects are designed to fund terrorist The final rule does not adopt the registered as broker-dealers and futures activity) would be reported under the three-tiered reporting threshold commission merchants; (5) treatment of rule. Such transactions should be contained in the Title 12 rules. sellers of variable annuities under the reported under language that already FinCEN’s Title 31 SAR rule for banks rule; (6) application of the rule to exists in the Title 31 rules. Each rule does not contain a tiered reporting registered broker-dealers located outside requires the reporting of a transaction threshold. Rather, the reporting that ‘‘has no business or apparent lawful the United States; and (7) application of threshold in FinCEN’s bank SAR rule is purpose.’’ FinCEN believes that this only one set of suspicious transaction $5,000, regardless of the nature of the broad language should be interpreted to reporting rules to broker-dealer affiliates suspicious transaction required to be require the reporting of transactions that reported. Moreover, as the reporting of appear unlawful for virtually any BSA rules. Accordingly, broker-dealers will be required under existing rules to develop insider abuse largely has been carved reason. Nevertheless, the Notice added compliance programs for the broker-dealer SAR rule out of this rule, FinCEN does not believe the language in its first reporting proposed in this document. that it is necessary to adopt the Title 12 category to make explicit that
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transactions being carried out for the the requirement that FinCEN believes the terms of the final rule, even in purpose of conducting illegal activities, implicitly exists in the suspicious situations in which the rules of the SEC whether or not funded from illegal transaction reporting rules for banks: if or an SRO would not require a broker- activities, must be reported under the a broker-dealer determines that a series dealer to report such a transaction, the rule. The intent of including this of transactions that would not broker-dealer must file a SAR–BD. The category of reporting is to ensure independently trigger the suspicion of final rule continues to provide that the reporting of situations in which a the broker-dealer, but that taken exception from reporting does not apply broker-dealer is being abused by a together, form a suspicious pattern of if the securities law or SRO rule customer in furtherance of the activity, the broker-dealer must file a violation is a violation of 17 CFR customer’s criminal activities. Because suspicious transaction report.12 For this 240.17a–8 or 17 CFR 405.4 (the the comments showed some degree of reason, the pattern of transactions regulations that require broker-dealers confusion with the language in the first language has been retained in the final and government securities broker- reporting category in the Notice, this rule. dealers, respectively, to comply with the BSA rules). In these situations, the category of reporting has been 2. Exceptions From Reporting streamlined and re-organized, at broker-dealer is to report the violation paragraph (a)(2)(iv), to clarify that, Several commenters raised issues on a SAR–BD. subject to the explicit exceptions from relating to the exceptions from reporting In response to comments requesting reporting contained in paragraph (c) of contained in the Notice. Although clarification that the language in the the final rule (relating to robbery, generally supporting the exception from exception alters neither the standard for burglary, lost, missing, counterfeit, or reporting relating to violations of federal reporting suspicious activity to stolen securities, and violations of the securities laws or SRO rules by the Treasury, nor any reporting federal securities law or rules of an broker-dealer or any of its associated requirements of the SEC or an SRO, the SRO), all criminal violations are persons, commenters argued that the exception to reporting no longer applies required to be reported under the final exception should not contain a to ‘‘possible’’ violations of securities rule.11 condition requiring a broker-dealer to laws or rules. Instead, the exception The second category of reportable report the violation to the SEC or an applies to a ‘‘violation otherwise transactions in the Notice requires a SRO. Commenters argued that existing required to be reported’’ on a SAR–BD broker-dealer to report transactions if SEC regulations and SRO rules do not that is a violation of securities laws or the broker-dealer knows, suspects, or require that all securities violations be rules. Thus, the exception applies to a has reason to suspect that the reported to the SEC or an SRO, and that transaction that a broker-dealer knows, transaction (or pattern of transactions of the requirement to report suspicious suspects, or has reason to suspect which the transaction is a part) falls activity to Treasury should not involves a violation by a broker-dealer within one of the three classes encompass such violations. In addition, or any of its associated persons of explained above. Some commenters commenters suggested that the securities laws or rules, or rules of an argued that the language referring to the exception should be broadened to cover SRO, so long as the broker-dealer in fact reporting of patterns of transactions securities law violations by a customer reports the transaction under existing should be deleted from the rule, urging of the broker-dealer. securities industry procedures. Finally, Because the suspicious activity that it would be unfair to require broker- one commenter suggested that the rule reporting regime established by the final dealers to report patterns of suspicious should contain an exception for rule implicates a broad array of law reporting in the case of a robbery or transactions, given that the Title 12 and enforcement concerns, the exception Title 31 suspicious transaction reporting burglary that is reported by the broker- from reporting has not been expanded. dealer to appropriate authorities, noting rules applicable to banks do not contain The SEC and SROs already have language relating to patterns of that the suspicious activity reporting established a regulatory structure for rules applicable to banks contain such suspicious transactions. reporting and maintaining data about The language in the rule requiring the an exception. The final rule adopts this securities law violations by broker- reporting of patterns of transactions is suggestion. dealers. It is not FinCEN’s intent in not intended to impose an additional promulgating the final rule to duplicate 3. Introducing and Clearing Brokers reporting burden on broker-dealers. these efforts. The exception continues to Securities transactions may be Rather, it is intended to recognize the permit a broker-dealer to handle the conducted by broker-dealers that clear fact that a transaction may not always reporting of a violation of securities their own transactions or by introducing appear suspicious standing alone. In laws or rules by the broker-dealer (or brokers that rely on another firm to clear some cases, a broker-dealer may only be any of its officers, directors, employees, the transactions. Several commenters able to determine that a suspicious or other registered representatives) recommended that the final rule address transaction report must be filed after under existing industry procedures the requirement to file a suspicious reviewing its records, either for the (whether formal or informal) rather than activity report when both an purposes of monitoring for suspicious through a Suspicious Activity Report ‘‘ introducing and clearing broker are transactions, auditing its compliance Brokers or Dealers in Securities (‘‘SAR– involved in a transaction. In particular, systems, or during some other review. BD’’). If a broker-dealer does not in fact the commenters requested that the final The language relating to patterns of report under existing securities industry rule provide that only one suspicious transactions is intended to make explicit procedures a violation of securities law activity report is required to be filed in or rules by the broker-dealer or any of this situation. The final rule provides 11 Two commenters requested that the final rule its associated persons that otherwise harmonize penalty provisions relating to this that the obligation to identify and report category of reportable activity with the penalty would be required to be reported under a suspicious transaction rests with each provisions applicable to the reporting of such broker-dealer involved in the transactions under Title 12. However, the penalties 12 Indeed, broker-dealers are experienced in transaction, but that only one SAR–BD applicable in instances of failure to comply with the reviewing patterns or series of transactions under is required to be filed, provided that the requirement contained in this rule are mandated by the federal securities laws for the purpose of statute, and cannot be modified by FinCEN. See 31 identifying securities law violations. See, e.g., 15 report includes all the relevant facts U.S.C. 5321 and 5322. U.S.C. 78i(a). concerning the transaction. It is
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FinCEN’s expectation that introducing registrants—persons registered both requirements to the extent they offer and clearing broker-dealers wishing to with the Commodity Futures Trading and sell such contracts. take advantage of this provision with Commission (‘‘CFTC’’) as a futures 6. Broker-Dealers Outside the United respect to a particular transaction will commission merchant (‘‘FCM’’) and States communicate with each other about the with the SEC as a broker-dealer. transaction for purposes of sharing According to the commenters, the The Notice relies on the definition of information about the transaction, and Notice creates an ambiguity concerning broker-dealer in existing 31 CFR determining which broker-dealer will the extent to which dual registrants are 103.11(f)—any ‘‘broker or dealer in file the SAR. In cases in which such subject to the proposed suspicious securities, registered or required to be communication is appropriate and transaction reporting rule. The Notice registered with the Securities and results in the filing of a SAR, the broker- applies to transactions by, at, or through Exchange Commission under the dealer that has actually filed that SAR a broker-dealer, and while the terms of Securities Exchange Act of 1934.’’ As a may share with the broker-dealer with the Notice defining ‘‘transaction’’ do not result, one commenter requested that which the communication was had specifically address a contract of sale of the final rule clarify that the new under paragraph (a)(3), a copy of the a commodity for future delivery or suspicious transaction rule does not filed SAR. However, the limitations commodity option, the language of that apply to broker-dealers registered with found in 31 U.S.C. 5318(g)(2) on further definition, the commenters argued, the SEC but located outside the United dissemination of the SAR–BD and makes it unclear whether the futures States. The final rule makes the disclosure of the fact of its filing apply and options activities of dual registrants requested clarification. equally to both broker-dealers. are covered. The commenters, citing 7. Broker-Dealer Affiliates or Moreover, in certain instances, 14 section 356(b) of the USA Patriot Act, Subsidiaries of Banks and Bank Holding communication between two broker- recommended that FinCEN proceed Companies dealers about a suspicious transaction with a separate rulemaking specifically and the fact of filing of a SAR–BD for FCMs if it wishes to subject the As explained above, broker-dealers would be inappropriate. For example, a futures and options activities of dual that are affiliates or subsidiaries of broker-dealer that suspects that it is registrants to suspicious transaction banks or bank holding companies are required to report another broker-dealer reporting. In response to the comments, already required to report suspicious or one of its employees as the subject of FinCEN wishes to clarify that the final transactions under the Title 12 rules a SAR would be prohibited from rule does not apply to dual registrants promulgated by the banking supervisory notifying the other broker-dealer that a to the extent of their activities subject to agencies. In order to ensure that broker- SAR has been filed, because to do so the exclusive jurisdiction of the CFTC. dealers are only subject to one would reveal, or risk revealing, to the (The final rule does apply, however, to suspicious transaction reporting subject of a SAR that a SAR has been activities of dual registrants involving requirement, FinCEN has requested that filed. securities futures products, and to any the federal banking supervisory agencies The purpose of including this other products over which the SEC or amend their regulations to exempt provision in the rule is to allow two another federal agency also has broker-dealers from having to report broker-dealers that have participated in jurisdiction, because such products are suspicious transactions under Title 12 the same transaction to file only one not subject to the CFTC’s exclusive rules. SAR–BD. In addition, section 314(b) of jurisdiction.) One commenter asked that the final the USA Patriot Act permits two or rule amend 31 CFR 103.18, which more financial institutions and any 5. Persons Selling Variable Annuities requires banks to report suspicious association of financial institutions transactions, to make that rule upon notice to Treasury to ‘‘share As explained in the Notice, persons inapplicable to broker-dealer affiliates of information with one another regarding required to register as broker-dealers banks. This is unnecessary. The part 103 individuals, entities, organizations, and solely to permit the sale of variable rules do not look to the status of a countries suspected of possible terrorist annuities of life insurance companies parent company in a bank holding or money laundering activities.’’ On will be required to report suspicious company group for the purpose of March 4, 2002, FinCEN promulgated an transactions. (See 66 FR 67672.) In 1972, determining what rules a company Interim rule and Notice of Proposed Treasury granted such persons an owned by the parent must apply. For Rulemaking relating to information exemption from the provisions of 31 example, the part 103 rules do not treat sharing under section 314(b).13 CFR part 103 (See 37 FR 248986, non-bank subsidiaries of bank holding Language in section 314(b) protects 248988, November 23, 1972). This companies as falling within the financial institutions disclosing exemption will be withdrawn in a definition of bank for purposes of the information in accordance with the separate document published in the part 103 regulations. Thus, a broker- statutory provision or regulations Federal Register. As a result, a person dealer affiliate or subsidiary of a bank or promulgated thereunder, from liability registered with the SEC as a broker- bank holding company is subject to the for such disclosures or for failure to dealer solely to offer and sell variable suspicious transaction reporting rules in provide notice of such disclosures to the annuity contracts issued by life 31 CFR 103.19, rather than the rules person who is the subject of the insurance companies will be subject to applicable to depository institutions in disclosure. the suspicious activity reporting rules of 31 CFR 103.18. 31 CFR 103.19 and all other BSA 4. Futures Commission Merchants V. Section-by-Section Analysis Several commenters raised issues 14 Section 356(b) provides that the Secretary, in A. 103.11(ii)—Transaction about the application of the Notice to consultation with the CFTC, may prescribe regulations requiring FCMs (and commodity trading The final rule amends the definition the futures and options activities of dual advisors and commodity pool operators) registered of ‘‘transaction’’ in the BSA regulations under the Commodity Exchange Act to submit 13 The Interim rule appears at 67 FR 9874 (March suspicious transaction reports under 31 U.S.C. explicitly to include the term 4, 2002), and the Notice of Proposed Rulemaking 5381(g). Treasury is currently consulting with the ‘‘security,’’ itself defined in new appears at 67 FR 9879 (March 4, 2002). CFTC about such regulations. paragraph 103.11(ww) as explained
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below. Some commenters argued that Broker or dealer in securities, registered or adequacy of a broker-dealer’s anti- the definition of ‘‘transaction’’ should required to be registered with the Securities money laundering compliance program. be changed to make it identical to the and Exchange Commission under the The final rule retains the ‘‘has reason to definition of ‘‘transaction’’ that appears Securities Exchange Act of 1934. suspect’’ language. FinCEN believes that in the suspicious transaction reporting In response to a comment about the compliance with the rule cannot be rules promulgated by the federal scope of this definition, FinCEN wishes adequately enforced without an banking supervisory agencies.15 to clarify that this definition covers objective standard. The reason-to- However, the definition of transaction brokers and dealers registered or suspect standard means that, on the contained in paragraph 103.11(ii) required to be registered with the SEC, facts existing at the time, a reasonable applies to all the requirements of, and whether under section 15, 15B, or broker-dealer in similar circumstances entities subject to, the BSA regulations 15C(a)(1)(A) of the Securities and would have suspected the transaction found in 31 CFR part 103, and FinCEN Exchange Act of 1934.16 was subject to SAR reporting. This is a does not believe that it would be Paragraph (a)(2) provides that a flexible standard that adequately takes appropriate to make such a far-reaching transaction requires reporting under the into account the differences in operating change in order to reflect the rule if it is conducted or attempted by, realities among various types of broker- definitional language in a different title at, or through a broker-dealer, involves dealers, and is the standard contained in that is administered by other agencies. or aggregates at least $5,000 in funds or the existing SAR rules for depository As banks already must comply with the other assets (such as securities), and the institutions and money services BSA obligations of 31 CFR part 103 broker-dealer knows, suspects, or has businesses. A regulator’s review of the pursuant to its definition of reason to suspect that the transaction adequacy of a broker-dealer’s anti- ‘‘transaction,’’ there will be no falls within one of four categories of money laundering compliance program discrepancy in the treatment of transactions. It should be noted that is not a substitute for, although it could regulated entities by retaining this transactions require reporting under the be relevant to, an inquiry into the failure definition. final rule whether or not they involve of a broker-dealer to report a particular currency. suspicious transaction. B. 103.11(ww)—Security The final rule adds a definition of 1. Dollar Threshold for Reporting 3. Scope of Reporting ‘‘security’’ to 31 CFR part 103 that The final rule continues to require Paragraph (a)(2) contains four includes any instrument or interest that reporting of suspicious transactions of at categories of reportable transactions. falls within the definition of ‘‘security’’ least $5,000. As the Notice explained, The first category, described in in section (3)(a)(10) of the Securities the rule is not intended to require paragraph (a)(2)(i), includes transactions Exchange Act of 1934, 15 U.S.C. broker-dealers mechanically to review involving funds derived from illegal 78c(a)(10). The addition of a definition every transaction that exceeds the activity or intended or conducted to of ‘‘security’’ to the BSA regulations, reporting threshold. Rather, it is hide or disguise funds or assets derived and the corresponding addition of this intended that broker-dealers, and from illegal activity. The second term to the definition of ‘‘transaction’’ indeed every type of financial category, described in paragraph contained in paragraph 103.11(ii), is institution to which the suspicious (a)(2)(ii), involves transactions designed, necessary to ensure that the reporting transaction reporting rules of 31 CFR whether through structuring or other requirement conforms to the definition part 103 apply, will evaluate customer means, to evade the requirements of the of ‘‘broker or dealer in securities’’ activity and relationships for money BSA. The third category, described in contained in 31 CFR 103.11(f), so as to laundering risks, and design a paragraph (a)(2)(iii), involves cover all activity that should be reported suspicious transaction monitoring transactions that appear to serve no under the rule. program that is appropriate for the business or apparent lawful purpose or particular broker-dealer in light of such are not the sort of transactions in which C. 103.19(a)—Reports by Broker-Dealers risks. In other words, it is expected that the particular customer would be of Suspicious Transactions—General broker-dealers will follow a risk-based expected to engage, and for which the Paragraph 103.19(a)(1) generally sets approach in monitoring for suspicious broker-dealer knows of no reasonable forth the requirement that broker- transactions, and will report all detected explanation after examining the dealers located within the United States suspicious transactions that involve available facts. The fourth category, report suspicious transactions to the $5,000 or more in funds or other assets. described in paragraph (a)(2)(iv), Department of the Treasury. The involves the use of the broker-dealer to paragraph also permits, but does not 2. Reporting Standard facilitate criminal activity. As explained require, a broker-dealer voluntarily to Paragraph (a)(2) requires reporting if a above, the fourth category of reportable file a suspicious transaction report in broker-dealer ‘‘knows, suspects, or has transactions is intended to cover situations in which mandatory reporting reason to suspect’’ that a transaction transactions intended to further a is not required. In light of the definition requires reporting under the rule. This criminal purpose, but apparently of ‘‘broker or dealer in securities’’ in 31 reporting standard reflects a concept of involving legally-derived funds. CFR 103.11(f), reporting would be due diligence in the reporting One commenter argued that the required by any: requirement. One commenter argued requirement to report transactions that that the ‘‘has reason to suspect’’ are unusual for the particular customer 15 See, e.g., 12 CFR 208.62(c)(4), defining language should be removed, and that should be removed, because it is overly ‘‘transaction’’ for purposes of reporting potential the issue of due diligence should be burdensome to require a broker-dealer money laundering, violations of the BSA, or transactions with no business or apparent lawful addressed as a matter of assessing the to report transactions that could not purpose, as ‘‘a deposit, withdrawal, transfer definitively be linked to wrongdoing. between accounts, exchange of currency, loan, 16 The preamble of the Notice provided specific However, FinCEN believes that it is extension of credit, purchase or sale of any stock, citations to the definitions of ‘‘broker,’’ ‘‘dealer,’’ appropriate to include transactions that bond, certificate of deposit, or other monetary and ‘‘security’’ under the Securities and Exchange instrument or investment security, or any other Act of 1934 for illustrative purposes only, and not vary so substantially from normal payment, transfer, or delivery by, through, or to a to limit in any way the scope of the definition practice that they legitimately can and financial institution, by whatever means effected.’’ found at 31 CFR 103.11(f). should raise suspicions of possible
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illegality. For a discussion of this available to them in making such activity. Broker-dealers reporting category as a ‘‘red flag,’’ see NASD determinations than other types of suspicious activity by calling the Notice to Members 02–21, NASD broker-dealers.18 The rule is intended to Financial Institutions Hotline must still Provides Guidance to Member Firms adjust to the different operating realities file a timely SAR–BD to the extent Concerning Anti-Money Laundering found in different types of financial required by the final rule. Compliance Programs Required by institutions. E. 103.19(c)—Exceptions Federal Law (April 2, 2002), available on the NASD Web site, http:// D. 103.19(b)—Filing Procedures Paragraph (c) contains exceptions www.nasd.com. Paragraph (b) continues to set forth from the reporting requirement. Several commenters requested that the filing procedures to be followed by Paragraph (c)(1)(i) provides that a FinCEN clarify that the rule does not broker-dealers making reports of broker-dealer is not required to report require the reporting of suspected suspicious transactions. Within 30 days under the final rule a robbery or violations of state or foreign law. The after a broker-dealer becomes aware of burglary that the broker-dealer reports to final rule does not exclude the reporting a suspicious transaction, the broker- an appropriate law enforcement of all violations of state law (rather, as dealer must report the transaction by authority, or lost, missing, counterfeit, explained below, certain state law completing a SAR–BD and filing it in a or stolen securities that the broker- crimes, such as burglary, have been central location, to be determined by dealers reports in accordance with specifically excepted from the reporting FinCEN. Some commenters requested existing SEC rules. Paragraph (c)(1)(ii) requirement). The final rule also does that broker-dealers be permitted to use permits the reporting of a violation of not explicitly carve out the reporting of the suspicious transaction reporting federal securities laws or rules of an suspected violations of foreign law. form currently used by banks, because SRO by a broker-dealer or any of its Particularly with respect to fraud and many broker-dealers are already familiar associated persons under existing money laundering, it would be difficult with the form, having used it to file industry procedures rather than through for a broker-dealer to determine whether SARs either on a voluntary basis, or as a SAR–BD. The exception does not the suspected illegal activity involved in required under the federal banking apply, however, if the securities law or the transaction related to violations of supervisory rules. However, FinCEN SRO rule violation is a violation of 17 state or foreign law. Moreover, violation believes that a reporting form tailored to CFR 240.17a–8 or 17 CFR 405.4. Such of state law, or even foreign law, can be the broker-dealer industry will promote violations must be reported on a SAR– relevant to federal crimes, especially in better reporting and result in a more BD. money laundering cases brought under useful collection of information. F. 103.19(d)—Retention of Records 18 U.S.C. 1956, 1957, or 1960, in which If a broker-dealer is unable to identify Paragraph (d) continues to provide violations of state or foreign law may a suspect on the date the suspicious that broker-dealers must maintain serve as a predicate for a federal offense. transaction is initially detected, the rule copies of SAR–BDs they file and the provides the broker-dealer with an 4. Allocation of Responsibility for original related documentation (or additional 30 calendar days to identify Reporting business record equivalent) for a period the suspect before filing a SAR–BD, but As noted above, paragraph (a)(3) of five years from the date of filing. the suspicious transaction must be provides that the obligation to identify Supporting documentation is to be reported within 60 calendar days after and report a suspicious transaction rests made available to FinCEN, appropriate the date of initial detection of the with each broker-dealer involved in the law enforcement authorities or federal suspicious transaction, whether or not transaction, but only one SAR–BD is securities regulators, or an SRO the broker-dealer is able to identify a required to be filed, provided that the registered with the SEC for purposes of suspect. report includes all the relevant facts examining the broker-dealer for One commenter suggested that it is concerning the transaction. Guidance compliance with this rule. issued by the NASD addresses the need overly burdensome to require a broker- for introducing and clearing firms to dealer, in situations involving violations G. 103.19(e)—Confidentiality of Reports make information available to one requiring immediate attention, to notify Paragraph (e) continues to incorporate another for purposes of suspicious by telephone both an appropriate law the terms of 31 U.S.C. 5318(g)(2) and activity reporting.17 In addition, it enforcement authority and the SEC. To (g)(3). Thus, this paragraph specifically should be noted that the final rule does accommodate this concern, the final prohibits persons filing reports in not require a broker-dealer to alter its rule requires a broker-dealer to compliance with the final rule from relationship with its customers in a way immediately notify by telephone an disclosing, except to FinCEN, the SEC, that is inconsistent with industry appropriate law enforcement authority or another appropriate law enforcement practice. For example, commenters only in situations that require or regulatory agency, or an SRO expressed concern that certain entities immediate attention, such as terrorist registered with the SEC conducting an covered by the rule (e.g., clearing financing or ongoing money laundering examination of the broker-dealer for brokers), which may not have the same schemes. Broker-dealers may also, but compliance with the final rule, that a level of knowledge with respect to their are not required to, contact the SEC in report has been filed or from providing customers as other entities covered by such situations. In addition, the rule any information that would disclose the rule would normally be expected to reminds broker-dealers of FinCEN’s that a report has been prepared or filed. have, would be expected to re-structure Financial Institutions Hotline (1–866– This paragraph does not prohibit an their relationships with customers in 556–3974) for use by financial introducing broker and a clearing broker order to comply with the rule. FinCEN institutions wishing voluntarily to from discussing with each other, for recognizes that, based on the nature of report to law enforcement suspicious purposes of paragraph (a)(3), suspicious the services they provide to their transactions that may relate to terrorist activity involving a transaction with customers, certain types of broker- respect to which both broker-dealers 18 Customer identification and verification dealers will have more information requirements will be dealt with in forthcoming have been involved, and the rules to be issued under section 326 of the USA determination which broker-dealer will 17 See NASD Notice to Members 02–21. Patriot Act. file the SAR in such a case. In addition,
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as noted above, section 314(b) of the the effective date of the final rule. Given of 2,000 SAR–BD forms. This result is USA Patriot Act permits financial the 180-day period before compliance an estimate extrapolated from the institutions, upon providing notice to with the requirement is required under number of suspicious activity reports Treasury, to share information with one the rule, FinCEN does not believe such currently being filed by the broker- another solely for the purpose of a procedure is necessary. dealer industry either on a mandatory identifying and reporting to the federal basis under the bank supervisory agency VI. Executive Order 12866 government activities that may involve rules or voluntarily. One commenter money laundering or terrorist activity. The Department of the Treasury has suggested that this estimate is too low. determined that this proposed rule is FinCEN will monitor the filing of H. 103.19(f)—Limitation of Liability not a significant regulatory action under Suspicious Activity Report—BD under Paragraph (f) continues to restate the Executive Order 12866. the final rule in order to determine broad protection from liability for VII. Regulatory Flexibility Act whether this number should be revised. making reports of suspicious Comments concerning the accuracy of transactions (whether such reports are FinCEN certifies that this proposed regulation will not have a significant this burden estimate should be directed required by the final rule or made to the Financial Crimes Enforcement voluntarily), and for failure to disclose economic impact on a substantial number of small entities. All broker- Network, Department of the Treasury, the fact of such reporting, contained in Post Office Box 39, Vienna, VA 22183, the statute as amended by the USA dealers, regardless of their size, are currently subject to the BSA. Procedures and to the Office of Management and Patriot Act. The paragraph reflects Budget, Attn: Alexander T. Hunt, Office amendments to the statutory safe harbor currently in place at broker-dealers to comply with existing BSA rules should of Information and Regulatory Affairs, that were made under section 351 of the Office of Management and Budget, New USA Patriot Act, including specific help broker-dealers identity suspicious transactions. Finally, certain small Executive Office Building, Room 3208, application of the safe harbor to Washington, DC 20503. voluntary reports of suspicious broker-dealers may have an established transactions, and availability of the safe and limited customer base whose List of Subjects in 31 CFR Part 103 harbor in the arbitration of securities transactions are well-known to the industry disputes. The regulatory broker dealer. Authority delegations (Government agencies), Banks, banking, Currency, provisions do not extend the scope of VIII. Paperwork Reduction Act either the statutory prohibition or the Investigations, Law enforcement, The collection of information statutory protection; however, because Reporting and recordkeeping contained in this final regulation has FinCEN recognizes the importance of requirements. been approved by the Office of these statutory provisions in the overall Amendments to the Regulations Management and Budget (‘‘OMB’’) in effort to encourage meaningful reports accordance with the Paperwork of suspicious transactions and to protect For the reasons set forth above in the Reduction Act of 1995 (44 U.S.C. the legitimate privacy expectations of preamble, 31 CFR part 103 is amended 3507(d)) under control number 1506– those who may be named in such as follows: 0019. An agency may not conduct or reports, they are repeated in the rule to sponsor, and a person is not required to PART 103—FINANCIAL remind compliance officers and others respond to, a collection of information RECORDKEEPING AND REPORTING of their existence. unless it displays a valid control OF CURRENCY AND FOREIGN I. 103.19(g)—Examination and number assigned by OMB. TRANSACTIONS Enforcement The collection of information in this 1. The authority citation for part 103 Paragraph (g) continues to provide final rule is in 31 CFR 103.19(d). This continues to read as follows: that compliance with the rule will be information is required to be provided examined by FinCEN or its delegees,19 pursuant to 31 U.S.C. 5318(g) and 31 Authority: 12 U.S.C. 1829b and 1951–1959; and that a broker-dealer must provide CFR 103.20. This information will be 31 U.S.C. 5311–5332; title III, secs. 314, 352, copies of a filed SAR–BD to an SRO used by law enforcement agencies in the Pub. L. 107–56, 115 Stat. 307. registered with the SEC that is enforcement of criminal and regulatory laws. The collection of information is 2. In § 103.11, paragraph (ii)(1) is examining a broker-dealer for revised and new paragraph (ww) is compliance with the rule. mandatory. The likely recordkeepers are businesses. added to read as follows: J. 103.19(h)—Effective Date The estimated average recordkeeping § 103.11 Meaning of terms. burden associated with the collection of Paragraph (h) continues to provide a * * * * * 180-day period before which information in this final rule is four (ii) Transaction. (1) Except as compliance with the final rule will hours per recordkeeper. Although the provided in paragraph (ii)(2) of this become mandatory. Broker-dealers estimated average recordkeeping burden section, transaction means a purchase, required to comply with suspicious contained in the Notice was three hours, sale, loan, pledge, gift, transfer, delivery, transaction reporting rules promulgated the burden has been revised in response or other disposition, and with respect to by the federal banking supervisory to a comment arguing that the estimate a financial institution includes a agencies should continue complying should better reflect the amount of time deposit, withdrawal, transfer between with such requirements until reporting involved in analyzing whether complex accounts, exchange of currency, loan, under the terms of this final rule is transactions require reporting under the extension of credit, purchase or sale of required. Two commenters requested rule. This burden relates to the any stock, bond, certificate of deposit, or that FinCEN create a mechanism for recordkeeping requirement contained in other monetary instrument or security, broker-dealers to request an extension of the final rule. The reporting burden of 31 CFR 103.19 will be reflected in the purchase or redemption of any money 19 See 31 CFR 103.56(b)(6) (delegating burden of the form, SAR–BD. order, payment or order for any money examination authority for broker-dealers to the FinCEN anticipates that the final rule remittance or transfer, or any other SEC). will result in an annual filing of a total payment, transfer, or delivery by,
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through, or to a financial institution, by broker-dealer knows of no reasonable (ii) A violation otherwise required to whatever means effected. explanation for the transaction after be reported under this section of any of * * * * * examining the available facts, including the federal securities laws or rules of an (ww) Security. Security means any the background and possible purpose of SRO by the broker-dealer or any of its instrument or interest described in the transaction; or officers, directors, employees, or other section 3(a)(10) of the Securities (iv) Involves use of the broker-dealer registered representatives, other than a Exchange Act of 1934, 15 U.S.C. to facilitate criminal activity. violation of 17 CFR 240.17a–8 or 17 CFR 78c(a)(10). (3) The obligation to identify and 405.4, so long as such violation is 3. In Subpart B, add new § 103.19 to properly and timely to report a appropriately reported to the SEC or an read as follows: suspicious transaction rests with each SRO. broker-dealer involved in the (2) A broker-dealer may be required to § 103.19 Reports by brokers or dealers in transaction, provided that no more than demonstrate that it has relied on an securities of suspicious transactions. one report is required to be filed by the exception in paragraph (c)(1) of this (a) General. (1) Every broker or dealer broker-dealers involved in a particular section, and must maintain records of in securities within the United States transaction (so long as the report filed its determinations to do so for the (for purposes of this section, a ‘‘broker- contains all relevant facts). period specified in paragraph (d) of this dealer’’) shall file with FinCEN, to the (b) Filing procedures—(1) What to file. section. To the extent that a Form RE– extent and in the manner required by A suspicious transaction shall be 3, Form U–4, or Form U–5 concerning this section, a report of any suspicious reported by completing a Suspicious the transaction is filed consistent with transaction relevant to a possible Activity Report—Brokers or Dealers in the SRO rules, a copy of that form will violation of law or regulation. A broker- Securities (‘‘SAR–BD’’), and collecting be a sufficient record for purposes of dealer may also file with FinCEN a and maintaining supporting this paragraph (c)(2). report of any suspicious transaction that documentation as required by paragraph (3) For the purposes of this paragraph it believes is relevant to the possible (d) of this section. (c) the term ‘‘federal securities laws’’ violation of any law or regulation but (2) Where to file. The SAR–BD shall means the ‘‘securities laws,’’ as that whose reporting is not required by this be filed with FinCEN in a central term is defined in section 3(a)(47) of the section. Filing a report of a suspicious location, to be determined by FinCEN, Securities Exchange Act of 1934, 15 transaction does not relieve a broker- as indicated in the instructions to the U.S.C. 78c(a)(47), and the rules and dealer from the responsibility of SAR–BD. regulations promulgated by the complying with any other reporting (3) When to file. A SAR–BD shall be Securities and Exchange Commission requirements imposed by the Securities filed no later than 30 calendar days after under such laws. and Exchange Commission or a self- the date of the initial detection by the (d) Retention of records. A broker- regulatory organization (‘‘SRO’’) (as reporting broker-dealer of facts that may dealer shall maintain a copy of any defined in section 3(a)(26) of the constitute a basis for filing a SAR–BD SAR–BD filed and the original or Securities Exchange Act of 1934, 15 under this section. If no suspect is business record equivalent of any U.S.C. 78c(a)(26)). identified on the date of such initial supporting documentation for a period (2) A transaction requires reporting detection, a broker-dealer may delay of five years from the date of filing the under the terms of this section if it is filing a SAR–BD for an additional 30 SAR–BD. Supporting documentation conducted or attempted by, at, or calendar days to identify a suspect, but shall be identified as such and through a broker-dealer, it involves or in no case shall reporting be delayed maintained by the broker-dealer, and aggregates funds or other assets of at more than 60 calendar days after the shall be deemed to have been filed with least $5,000, and the broker-dealer date of such initial detection. In the SAR–BD. A broker-dealer shall make knows, suspects, or has reason to situations involving violations that all supporting documentation available suspect that the transaction (or a pattern require immediate attention, such as to FinCEN, any other appropriate law of transactions of which the transaction terrorist financing or ongoing money enforcement agencies or federal or state is a part): laundering schemes, the broker-dealer securities regulators, and for purposes of (i) Involves funds derived from illegal shall immediately notify by telephone paragraph (g) of this section, to an SRO activity or is intended or conducted in an appropriate law enforcement registered with the Securities and order to hide or disguise funds or assets authority in addition to filing timely a Exchange Commission, upon request. derived from illegal activity (including, SAR–BD. Broker-dealers wishing (e) Confidentiality of reports. No without limitation, the ownership, voluntarily to report suspicious financial institution, and no director, nature, source, location, or control of transactions that may relate to terrorist officer, employee, or agent of any such funds or assets) as part of a plan activity may call FinCEN’s Financial financial institution, who reports a to violate or evade any federal law or Institutions Hotline at 1–866–556–3974 suspicious transaction under this part, regulation or to avoid any transaction in addition to filing timely a SAR–BD if may notify any person involved in the reporting requirement under federal law required by this section. The broker- transaction that the transaction has been or regulation; dealer may also, but is not required to, reported, except to the extent permitted (ii) Is designed, whether through contact the Securities and Exchange by paragraph (a)(3) of this section. Thus, structuring or other means, to evade any Commission to report in such situations. any person subpoenaed or otherwise requirements of this part or of any other (c) Exceptions. (1) A broker-dealer is requested to disclose a SAR–BD or the regulations promulgated under the Bank not required to file a SAR–BD to report: information contained in a SAR–BD, Secrecy Act, Public Law 91–508, as (i) A robbery or burglary committed or except where such disclosure is amended, codified at 12 U.S.C. 1829b, attempted of the broker-dealer that is requested by FinCEN, the Securities and 12 U.S.C. 1951–1959, and 31 U.S.C. reported to appropriate law enforcement Exchange Commission, or another 5311–5332; authorities, or for lost, missing, appropriate law enforcement or (iii) Has no business or apparent counterfeit, or stolen securities with regulatory agency, or for purposes of lawful purpose or is not the sort in respect to which the broker-dealer files paragraph (g) of this section, an SRO which the particular customer would a report pursuant to the reporting registered with the Securities and normally be expected to engage, and the requirements of 17 CFR 240.17f–1; Exchange Commission, shall decline to
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produce the SAR–BD or to provide any radius security zone around the LNG States ports. Due to the flammable information that would disclose that a tankers while they are moored at nature of LNG tankers, it is important to SAR–BD has been prepared or filed, Phillips Petroleum LNG Pier and also develop this rulemaking and implement citing this paragraph (e) and 31 U.S.C. while they are transiting inbound and security measures without delay to 5318(g)(2), and shall notify FinCEN of outbound in the waters of Cook Inlet, prevent possible sabotage, subversive any such request and its response AK between Phillips Petroleum LNG activity and terrorist attacks to the LNG thereto. Pier and the Homer Pilot Station. This tankers. The delay encountered, if (f) Limitation of liability. A broker- action is necessary to protect the LNG normal rulemaking procedures were dealer, and any director, officer, tankers, Nikiski marine terminals, the followed, would be contrary to the employee, or agent of such broker- community of Nikiski and the maritime public interest. We must take immediate dealer, that makes a report of any community against terrorism, sabotage action to protect the LNG tankers, Port possible violation of law or regulation or other subversive acts and incidents of Nikiski, and persons and property in the pursuant to this section or any other a similar nature during loading maritime community from potential authority (or voluntarily) shall not be operations and inbound and outbound hazards. In addition, a commercial liable to any person under any law or transits of the LNG tankers. These fisheries opening commences on July 8, regulation of the United States (or security zones temporarily close all 2002, in Cook Inlet and set netters fish otherwise to the extent also provided in navigable waters within a 1000-yard in the waters underneath and 31 U.S.C. 5318(g)(3), including in any radius of the tankers. surrounding the LNG pier. This rule arbitration proceeding) for any DATES: Effective July 6, 2002, except for must go into effect prior to this opening disclosure contained in, or for failure to § 165.1709 (b)(1)(ii) which contains so that we may collect the necessary disclose the fact of, such report. information collection requirements that information from the fishermen to avoid (g) Examination and enforcement. have not been approved by OMB. We disruption of their commercial business. Compliance with this section shall be will publish a document in the Federal Background and Purpose examined by the Department of the Register announcing the effective date The Coast Guard is establishing Treasury, through FinCEN or its of this paragraph. Comments and related permanent security zones to safeguard delegees, under the terms of the Bank material must reach the Docket Secrecy Act. Reports filed under this LNG tankers, Nikiski marine terminals, Management Facility on or before the community of Nikiski, and the section shall be made available to an September 30, 2002. Comments sent to SRO registered with the Securities and maritime community from sabotage or the Office of Management and Budget subversive acts and incidents of a Exchange Commission examining a (OMB) on collection of information broker-dealer for compliance with the similar nature. must reach OMB on or before September This rule establishes a 1000-yard requirements of this section. Failure to 30, 2002. satisfy the requirements of this section radius security zone around LNG ADDRESSES: Comments and material tankers while the vessels are moored at may constitute a violation of the received from the public, as well as reporting rules of the Bank Secrecy Act the Phillips Petroleum LNG Pier, documents indicated in this preamble as Nikiski, AK. It also creates a 1000-yard and of this part. being available in the docket, are part of (h) Effective date. This section applies radius moving security zone around the docket (COTP Western Alaska 02–001) to transactions occurring after December LNG tankers during their inbound and and are available for inspection or 30, 2002. outbound transits in the navigable copying at the Coast Guard Marine waters of the United States; specifically, Dated: June 25, 2002. Safety Office at 510 L Street, Suite 100, starting and ending at the Homer Pilot James F. Sloan, Anchorage, AK 99501 between 7:30 a.m. Station in Cook Inlet, AK. The security Director, Financial Crimes Enforcement and 4 p.m., Monday through Friday, zones are designed to permit the safe Network. except Federal holidays. and timely mooring, loading and [FR Doc. 02–16416 Filed 6–28–02; 8:45 am] FOR FURTHER INFORMATION CONTACT: departure of the vessels and the safe BILLING CODE 4810–02–P Lieutenant Mark McManus, USCG transit through Cook Inlet by Marine Safety Detachment Kenai, at minimizing potential waterborne threats (907) 283–3292 or Lieutenant to this operation. The limited size of the DEPARTMENT OF TRANSPORTATION Commander Chris Woodley, USCG zone is designed to minimize impact on Marine Safety Office Anchorage, at (907) other mariners transiting through the Coast Guard 271–6700. area while ensuring public safety by SUPPLEMENTARY INFORMATION: preventing interference with the safe 33 CFR Part 165 and secure loading and transit of the Regulatory Information [COTP Western Alaska 02–001] tankers. On April 25, 2002, we published a This rule also requires a collection of RIN 2115–AA97 notice of proposed rulemaking (NPRM) information from fishing vessel entitled ‘‘Security Zone, Liquefied operators and owners that conduct Security Zone; Liquefied Natural Gas Natural Gas Tankers, Cook Inlet, AK’’ in fishing operations in the vicinity of the Tankers, Cook Inlet, AK the Federal Register (67 FR 20474). We LNG pier. Fishing vessel operators and AGENCY: Coast Guard, DOT. received six letters commenting on the owners will be required to submit this ACTION: Interim rule; request for proposed rule. No public hearing was information only one time, but are comments. requested, and none was held. required to notify the Marine Safety Under 5 U.S.C. 553(d)(3), the Coast Detachment Kenai, Alaska if any of the SUMMARY: The Coast Guard is Guard finds that good cause exists for information changes. establishing permanent security zones making this rule effective less than 30 for Liquefied Natural Gas (LNG) tankers days after publication in the Federal Discussion of Comments and Changes within the Western Alaska Marine Register. Threats of terrorist attacks on We received 6 letters containing 10 Inspection Zone and Captain of the Port the maritime infrastructure have comments in response to our NPRM. Zone. This rule establishes a 1000-yard heightened security concerns in United The information in this section
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discusses the comments we received, the Department of Transportation (DOT) 1320.3(c), ‘‘collection of information’’ provides the Coast Guard’s response, (44 FR 11040, February 26, 1979). We comprises reporting, recordkeeping, and explains any changes we are expect the economic impact of this rule monitoring, posting, labeling, and other making to the regulation. to be so minimal that a full Regulatory similar actions. We did not receive any One comment supported the Evaluation under paragraph 10(e) of the comments on Collection of Information. establishment of a permanent security regulatory policies and procedures of The Captain of the Port, Western zone around LNG vessels. DOT is unnecessary. This finding is Alaska requires information on fishing Four comments requested that it be based on the minimal time that vessels vessel owners and operators, and their known for the record that the set net will be restricted from the zone, that vessels, desiring to fish in the security fishermen using the area around the vessels may still transit through the zone around the Phillips Petroleum Phillips Petroleum LNG pier, and other waters of Cook Inlet and dock at other LNG Pier. This information is required Nikiski marine terminals, started fishing Nikiski marine terminals. to ensure port and vessel safety and in these waters and had fishermen’s Small Entities security and to ensure uninterrupted leases with the State of Alaska, before fishing industry openings and to control the aforementioned facilities were built. Under the Regulatory Flexibility Act vessel traffic, develop contingency Four comments stated that they did (5 U.S.C. 601–612), we have considered plans, and enforce regulations. not expect the security zone, as it stands whether this rule would have a You are not required to respond to a now, to interfere with their commercial significant economic impact on a collection of information unless it fishing business. substantial number of small entities. displays a currently valid control One comment said it was unclear as The term ‘‘small entities’’ comprises number from OMB. to whether the security zone in small businesses, not-for-profit § 165.1709(b)(ii)(C) includes both organizations that are independently Federalism security zones. The stated section has owned and operated and are not A rule has implications for federalism been moved to § 165.1709(b)(ii)(D) and dominant in their fields, and under Executive Order 13132, includes the security zone around the governmental jurisdictions with Federalism, if it has a substantial direct Phillips Petroleum LNG Pier. We have populations of less than 50,000. effect on State or local governments and added wording to the new section to The Coast Guard certifies under 5 would either preempt State law or clarify this point. U.S.C. 605(b) that this rule will not have impose a substantial direct cost of We made two changes to the a significant economic impact on a compliance on them. We have analyzed regulation as proposed in the NPRM. substantial number of small entities. this rule under that Order and have Because these changes were not subject This rule will affect the following determined that it does not have to comment, we are issuing an interim entities, some of which may be small implications for federalism. rule with request for comments on these entities: the owners or operators of two changes. vessels intending to transit or anchor in Unfunded Mandates Reform Act We changed § 165.1709(b)(3), the vicinity of the Phillips Petroleum The Unfunded Mandates Reform Act concerning broadcasting a Notice to LNG Pier during the time this zone is of 1995 (2 U.S.C. 1531–1538) requires Mariners informing vessel operators of activated; and the owners or operators Federal agencies to assess the effects of the LNG tankers’ exact arrivals and of fishing vessels operating their nets in their discretionary regulatory actions. In departures. Due to security reasons, the the vicinity of the Phillips Petroleum particular, the Act addresses actions LNG tankers exact arrivals and LNG Pier during the months of July that may result in the expenditure by a departures will not be broadcast. through August. State, local, or tribal government, in the Instead, we will issue a Local Notice to These security zones will not have a aggregate, or by the private sector of Mariners with general information and significant economic impact on a $100,000,000 or more in any one year. a bimonthly Broadcast Notice to substantial number of small entities for Though this rule will not result in such Mariners to remind vessel operators of the following reasons. Marine traffic an expenditure, we do discuss the the security zones for the LNG tankers. will still be able to transit through Cook effects of this rule elsewhere in this The second change we made was to Inlet during the zones’ activation. preamble. § 165.1709(b)(1)(ii)(C). We moved the Additionally, vessels with cargo to load original sentence to or unload from other Nikiski marine Taking of Private Property § 165.1709(b)(1)(ii)(D) and added terminals in the vicinity of the zone will This rule will not effect a taking of § 165.1709(b)(1)(ii)(E). We then added a not be precluded from mooring at or private property or otherwise have new sentence to § 165.1709(b)(1)(ii)(C) getting underway from the terminals. taking implications under Executive to clarify how often and when we need The owners of fishing vessels that Order 12630, Governmental Actions and to collect information from fishing typically fish in the vicinity of the LNG Interference with Constitutionally vessel operators and owners before pier during the summer months will not Protected Property Rights. allowing them to fish in the security be prohibited from operating if they zone. notify and provide information to the Civil Justice Reform Coast Guard Marine Safety Detachment This rule meets applicable standards Regulatory Evaluation in Kenai before fishing in the security in sections 3(a) and 3(b)(2) of Executive This rule is not a ‘‘significant zone. The Coast Guard will collect Order 12988, Civil Justice Reform, to regulatory action’’ under section 3(f) of information from them that is essential minimize litigation, eliminate Executive Order 12886, Regulatory to keeping the pier secure from sabotage ambiguity, and reduce burden. Planning and Review, and does not or subversive activities. require an assessment of potential costs Protection of Children and benefits under section 6(a)(3) of that Collection of Information We have analyzed this rule under Order. The Office of Management and This rule modifies an existing Executive Order 13045, Protection of Budget has not reviewed it under that collection of information under the Children from Environmental Health Order. It is not ‘‘significant’’ under the Paperwork Reduction Act of 1995 (44 Risks and Safety Risks. This rule is not regulatory policies and procedures of U.S.C. 3501–3520). As defined in 5 CFR an economically significant rule and
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does not create an environmental risk to § 165.1709 Security Zones: Liquefied (E) The vessel is operated in health or risk to safety that may Natural Gas Tanker Transits and Operations compliance with any specific orders disproportionately affect children. at Phillips Petroleum LNG Pier, Cook Inlet, issued to the vessel by the Captain of AK. the Port or other regulations controlling Consultation and Coordination With (a) Location. The following areas are the operation of vessels within the Indian Tribal Governments established as security zones during the security zone that may be in effect. This rule does not have tribal specified conditions: (2) All persons and vessels shall implications under Executive Order (1) All navigable waters within a comply with the instructions of the 13175, Consultation and Coordination 1000-yard radius of the Liquefied Captain of the Port representative or the with Indian Tribal Governments, Natural Gas (LNG) tankers during their designated on-scene patrol personnel. because it does not have a substantial inbound and outbound transits through These personnel are comprised of direct effect on one or more Indian Cook Inlet, Alaska between the Phillips commissioned, warrant, and petty ° ′ ″ tribes, on the relationship between the Petroleum LNG Pier, 60 40 43 N and officers of the Coast Guard. Upon being ° ′ ″ Federal Government and Indian tribes, 151 24 10 W, and the Homer Pilot hailed by a U. S. Coast Guard vessel by ° ′ ″ ° ′ ″ or on the distribution of power and Station at 59 34 86 N and 151 25 74 W. siren, radio, flashing light, or other responsibilities between the Federal On the inbound transit, this security means, the operator of a vessel shall Government and Indian tribes. zone remains in effect until the tanker proceed as directed. is alongside the Phillips Petroleum LNG (3) The Marine Safety Detachment Energy Effects ° ′ ″ ° ′ ″ Pier, 60 40 43 N and 151 24 10 W. Kenai, Alaska will notify the maritime We have analyzed this rule under (2) All navigable waters within a community of these security zones by Executive Order 13211, Actions 1000-yard radius of the Liquefied publishing a Local Notice to Mariners Concerning Regulations That Natural Gas tankers while they are Significantly Affect Energy Supply, and via a bimonthly marine Broadcast moored at Phillips Petroleum LNG Pier, Notice to Mariners. Distribution, or Use. We have 60°40′43″N and 151°24′10″W. determined that it is not a ‘‘significant (b) Special Regulations. (1) For the Dated: June 12, 2002. energy action’’ under that order because purpose of this section, the general W.J. Hutmacher, it is not a ‘‘significant regulatory action’’ regulations contained in 33 CFR 165.33 Captain, U.S. Coast Guard, Captain of the under Executive Order 12866 and is not apply to all but the following vessels in Port, Western Alaska. likely to have a significant adverse effect the areas described in paragraph (a): [FR Doc. 02–16394 Filed 6–28–02; 8:45 am] on the supply, distribution, or use of (i) Vessels scheduled to moor and BILLING CODE 4910–15–P energy. It has not been designated by the offload or load cargo at other Nikiski Administrator of the Office of marine terminals that have provided the Information and Regulatory Affairs as a Coast Guard with an Advance Notice of DEPARTMENT OF TRANSPORTATION significant energy action. Therefore, it Arrival. does not require a Statement of Energy (ii) Commercial fishing vessels, Coast Guard Effects under Executive Order 13211. including drift net and set net vessels, 33 CFR Part 165 Environment fishing from the waters within the zone, if [CGD05–02–041] We considered the environmental (A) The owner of the vessel has impact of this rule and concluded that previously requested approval from the RIN 2115–AA97 under figure 2–1, paragraph 34(g), of Captain of the Port representative, Commandant Instruction M16475.1D, Marine Safety Detachment Kenai, Security Zone; Georgetown Channel, this rule is categorically excluded from Alaska, to fish in the security zone and Potomac River, Washington, DC further environmental documentation. (B) Has provided the Captain of the AGENCY: Coast Guard, DOT. This rule fits paragraph 34(g) as it Port representative, Marine Safety establishes a security zone. A Detachment Kenai, Alaska current ACTION: Temporary final rule. ‘‘Categorical Exclusion Determination’’ information about the vessel, including: SUMMARY: is available in the docket for inspection The Coast Guard is (1) The name and/or the official establishing a temporary security zone. or copying where indicated under number, if documented, or state ADDRESSES. This action is necessary to provide for number, if numbered by a state issuing safety and security of an anticipated List of Subjects in 33 CFR Part 165 authority; 400,000 visitors during the annual July (2) A brief description of the vessel, 4th celebration on the National Mall in Harbors, Marine safety, Navigation including length, color, and type of (water), Reporting and Record keeping Washington, DC. The security zone will vessel; prevent access to unauthorized persons requirements, Security measures, (3) The name, Social Security number, who may attempt to enter the secure Waterways. current address, and telephone number area via the waterfront seawall, and For the reasons discussed in the of the vessel’s master, operator or safeguard spectators and participants. preamble, the Coast Guard amends 33 person in charge; and CFR part 165 as follows: (4) Upon request, information on the DATES: This rule is effective from 6 a.m vessel’s crew. to 11 p.m. local time on July 4, 2002. PART 165—REGULATED NAVIGATION (C) A vessel owner or operator is ADDRESSES: Comments and material AREAS AND LIMITED ACCESS AREAS required to submit the information one received from the public, as well as 1. The authority citation for part 165 time, but shall provide the Captain of documents indicated in this preamble as continues to read as follows: the Port representative updated being available in the docket, are part of information when any part of it changes. docket CGD05–02–041 and are available Authority: 33 U.S.C. 1231; 50 U.S.C. 191, (D) The Captain of the Port must for inspection or copying at 33 CFR 1.05–1(g), 6.04–1, 6.04–6, 160.5; 49 approve a vessel’s request prior to being Commander, Coast Guard Activities CFR 1.46. allowed into the security zone at the Baltimore, 2401 Hawkins Point Road, 2. Add § 165.1709 to read as follows: Phillips Petroleum LNG Pier. Baltimore, Maryland 21226–1791,
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between 9:30 a.m. and 2 p.m., Monday This temporary rule will be in effect and the Regional Small Business through Friday, except Federal holidays. for a limited duration. The Captain of Regulatory Fairness Boards. The FOR FURTHER INFORMATION CONTACT: the Port or his designated representative Ombudsman evaluates these actions Lieutenant Charles A. Roskam II, Port may authorize access to the security annually and rates each agency’s Safety and Security, Coast Guard zone. In addition, the Coast Guard will responsiveness to small business. If you Activities Baltimore, telephone number make notifications via maritime wish to comment on actions by (410) 576–2676. advisories. employees of the Coast Guard, call 1– SUPPLEMENTARY INFORMATION: Small Entities 888–REG–FAIR (1–888–734–3247). Regulatory Information Under the regulatory Flexibility Act (5 Collection of Information We did not publish a notice of U.S.C. 601–612), we have considered This rule calls for no new collection proposed rulemaking (NPRM) for this whether this rule would have a of information under the Paperwork regulation. Under 5 U.S.C. 553(b)(B), the significant economic impact on a Reduction Act of 1995 (44 U.S.C. 3501– Coast Guard finds that good cause exists substantial number of small entities. 3520). The term ‘‘small entities’’ comprises for not publishing an NPRM. Under 5 Federalism U.S.C. 553(d)(3), the Coast Guard finds small business, not-for-profit that good cause exists for making this organizations that are independently A rule has implications for federalism rule effective less than 30 days after owned and operated and are not under Executive Order 13132, publication in the Federal Register. dominant in their fields, and Federalism, if it has a substantial direct This temporary security zone of short governmental jurisdictions with effect on State or local governments and duration is necessary to provide for the populations of less than 50,000. would either preempt State law or security of the United States. The The Coast Guard certifies under 5 impose a substantial direct cost of security zone will prevent access to U.S.C. 605(b) that this rule will not have compliance on them. We have analyzed unauthorized persons who may attempt a significant economic impact on a this rule under that Order and have to enter the secure area of this substantial number of small entities. determined that it does not have nationally significant event via the This rule will affect the following implications for federalism. entities, some of which may be small waterfront seawall, and safeguard the Unfunded Mandates Reform Act United States and United States’ entities: the owners and operators of interests during this event. To delay the vessels intending to operate or anchor in The Unfunded Mandates Reform Act effective date would be impracticable the Georgetown Channel, Potomac of 1995 (2 U.S.C. 1531–1538) requires and contrary to the public interest. River, from the George Mason Memorial Federal agencies to assess the effects of Bridge upstream to the Arlington their discretionary regulatory actions. In Background and Purpose Memorial Bridge from 6 a.m. to 11 p.m. particular, the Act addresses actions On July 4, 2002, an anticipated on July 4, 2002. that may result in the expenditure by a 400,000 visitors will attend the annual This security zone will not have a State, local, or tribal government, in the July 4th celebration on the National significant economic impact on a aggregate, or by the private sector of Mall in Washington, DC. This security substantial number of small entities for $100,000,000 or more in any one year. zone is necessary to prevent access to the following reasons. This rule will be Though this rule will not result in such unauthorized persons who may attempt in effect for less than twenty four hours. expenditure, we do discuss the effects of to enter the secure area of this Although the security zone will apply to this rule elsewhere in this preamble. nationally significant event via the the entire width of the river, traffic will Taking of Private Property waterfront seawall, and to provide for be allowed to pass through the zone the security of the spectators and with the permission of the Coast Guard This rule will not affect a taking of participants. Captain of the Port or his designated private property or otherwise have representative. Additionally, the Coast taking implications under Executive Discussion of Rule Guard will make notifications via Order 12630, Governmental Actions and This rule, for security reasons, limits marine advisories so that mariners can Interference with Constitutionally access to the regulated area to those adjust their plans accordingly. Protected Property Rights. vessels authorized to enter and operate within the security zone. The Captain of Assistance for Small Entities Civil Justice Reform the Port or his designated representative Under section 213(a) of the Small This rule meets applicable standards may authorize access to the security Business Regulatory Enforcement in sections 3(a) and 3(b)(2) of Executive zone. In addition, the Coast Guard will Fairness Act of 1996 (Public Law 104– Order 12988, Civil Justice Reform, to make notifications via maritime 121), we want to assist small entities in minimize litigation, eliminate advisories. understanding this proposed rule so that ambiguity, and reduce burden. they can better evaluate its effects on Regulatory Evaluation them and participate in the rulemaking. Protection of Children This rule is not a ‘‘significant If the rule would affect your small We have analyzed this rule under regulatory action’’ under section 3(f) of business, organization, or governmental Executive Order 13045, Protection of Executive Order 12866, Regulatory jurisdiction and you have questions Children from Environmental Health Planning and Review, and does not concerning its provisions or options for Risks and Security Risks. This rule is require an assessment of potential costs compliance, please contact the address not an economically significant rule and and benefits under section 6(a)(3) of that listed under ADDRESSES. does not create an environmental risk to Order. The Office of Management and Small businesses may send comments health or risk to security that may Budget has not reviewed it under that on the actions of Federal employees disproportionately affect children. Order. It is not ‘‘significant’’ under the who enforce, or otherwise determine regulatory policies and procedures of compliance with, Federal regulations to Indian Tribal Governments the Department of Transportation (DOT) the Small Business and Agriculture This rule does not have tribal (44 FR 11040, February 26, 1979). Regulatory Enforcement Ombudsman implications under Executive Order
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13175, Consultation and Coordination § 165.TD05–02–041 Security zone; pertaining to EPA’s approval of with Indian Tribal Governments, Georgetown Channel, Potomac River, revisions to the Maryland State because it does not have a substantial Washington, DC. Implementation Plan (SIP). These direct effect on one or more Indian (a) Location. The following area is a revisions establish the exemption of tribes, on the relationship between the security zone: the waters of the certain intermittent visible emissions at Federal Government and Indian tribes, Georgetown channel of the Potomac Federal facilities, amend open burning or on the distribution of power and River, within an area 200 feet from the distance limitations, and establish responsibilities between the Federal river’s Washington, DC shore, from the specific requirements for safety Government and Indian tribes. George Mason Memorial Bridge determinations at Federal facilities. upstream to the Arlington Memorial EFFECTIVE DATE: August 12, 2002. Energy Effects Bridge, including the waters of the FOR FURTHER INFORMATION CONTACT: Georgetown Channel Tidal Basin. We have analyzed this rule under Betty Harris, (215) 814–2168 or by e- Executive Order 13211, Actions (b) Captain of the Port. Captain of the Port means the Commanding Officer of mail at [email protected]. Concerning Regulations That SUPPLEMENTARY INFORMATION: On June Significantly Affect Energy Supply, Coast Guard Activities Baltimore, Baltimore, MD, or any Coast Guard 11, 2002 (67 FR 39856), EPA published Distribution, or Use. We have a final rulemaking action announcing determined that it is not a ‘‘significant commissioned, warrant, or petty officer who has been authorized to act on his approval of the revisions Code of energy action’’ under that order because Maryland Administrative Regulations it is not a ‘‘significant regulatory action’’ behalf. (c) Regulations. (1) All persons are (COMAR) governing visible emissions under Executive Order 12866 and is not and open burning. In this document, likely to have a significant adverse effect required to comply with the general regulations governing security zones in EPA inadvertently included a reference on the supply, distribution, or use of in section 52.1070(c)(173)(i)(B)(1) to a energy. It has not been designated by the 33 CFR 165.33. (2) Persons or vessels requiring entry revised COMAR provision which is Administrator of the Office of into or passage within the security zone unrelated to the SIP revision action. Information and Regulatory Affairs as a must request authorization from the This document corrects the erroneous significant energy action. Therefore, it Captain of the Port or his designated language. does not require a Statement of Energy representative by telephone at (410) In rule document 02–14491 published Effects under Executive Order 13211. 576–2693 or by radio on VHF–FM in the Federal Register on June 11, 2002 Environment channel 16. (67 FR 39856), on page 39858 in the (3) The operator of any vessel within third column, paragraph We have considered the or in the immediate vicinity of this 52.1070(c)(173)(i)(B)(1) is corrected to environmental impact of this rule and security zone shall: read ‘‘COMAR 26.11.06.02A(1)— preliminarily concluded that under (i) Stop the vessel immediately upon introductory text of paragraph (1) figure 2–1, paragraph (34)(g), of being directed to do so by the Captain [revised], and 26.11.06.02A(1)(j) Commandant Instruction M16475.lD, of the Port or his designated [added].’’ this rule is categorically excluded from representative, and Section 553 of the Administrative further environmental documentation. (ii) Proceed as directed by the Captain Procedure Act, 5 U.S.C. 553(b)(B), This is a security zone less than one of the Port or his designated provides that, when an agency for good week in duration. The environmental representative. cause finds that notice and public analysis and ‘‘Categorical Exclusion (d) Effective period. This section is procedure are impracticable, Determination’’ will be prepared and effective from 6 a.m. to 11 p.m. local unnecessary or contrary to the public submitted after establishment of this time on July 4, 2002. interest, the agency may issue a rule temporary security zone. The Dated: June 19, 2002. without providing notice and an Categorical Exclusion Determination E.Q. Kahler, opportunity for public comment. We will be made available in the docket for have determined that there is good inspection and copying where indicated Commander, U.S. Coast Guard, Acting Captain of the Port, Baltimore, Maryland. cause for making today’s rule final under ADDRESSES. [FR Doc. 02–16524 Filed 6–28–02; 8:45 am] without prior proposal and opportunity for comment because we are merely List of Subjects in 33 CFR Part 165 BILLING CODE 4910–15–P correcting an incorrect citation in a Harbors, Marine security, Navigation previous action. Thus, notice and public (water), Reporting and recordkeeping procedure are unnecessary. We find that ENVIRONMENTAL PROTECTION requirements, Security measures, this constitutes good cause under 5 AGENCY Waterways. U.S.C. 553(b)(B). For the reasons discussed in the 40 CFR Part 52 Administrative Requirements preamble, the Coast Guard amends 33 CFR part 165 as follows: [MD062–3087a; FRL–7236–8] Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is PART 165—REGULATED NAVIGATION Approval and Promulgation of Air not a ‘‘significant regulatory action’’ and AREAS AND LIMITED ACCESS AREAS Quality Implementation Plans; is therefore not subject to review by the Maryland; Visible Emissions and Open Office of Management and Budget. For 1. The authority citation for part 165 Fire Amendments; Correction this reason, this action is also not continues to read as follows: AGENCY: Environmental Protection subject to Executive Order 13211, Authority: 33 U.S.C. 1231; 50 U.S.C. 191; Agency (EPA). ‘‘Actions Concerning Regulations That 33 CFR 1.05–1(g), 6.04–1, 6.04–6 and 160.5; ACTION: Direct final rule; correcting Significantly Affect Energy Supply, 49 CFR 1.46. amendment. Distribution, or Use’’ (66 FR 28355 (May 22, 2001)). Because the agency has made 2. Add § 165.TD05–02–041 to read as SUMMARY: This document corrects an a ‘‘good cause’’ finding that this action follows: error in the rule language of a final rule is not subject to notice-and-comment
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requirements under the Administrative submit a rule report, which includes a Administrative Regulations (COMAR), Procedures Act or any other statute as copy of the rule, to each House of the effective August 11, 1997: indicated in the Supplementary Congress and to the Comptroller General (1) COMAR 26.11.06.02A(1)— Information section above, it is not of the United States. Section 808 allows introductory text of paragraph subject to the regulatory flexibility the issuing agency to make a rule (1)[revised], and 26.11.06.02A(1)(j) provisions of the Regulatory Flexibility effective sooner than otherwise [added]. Act (5 U.S.C. 601 et seq.), or to sections provided by the CRA if the agency (2) COMAR 26.11.07.01B(5) [added], 202 and 205 of the Unfunded Mandates makes a good cause finding that notice 26.11.07.03B(1)(c) [revised], and Reform Act of 1995 (UMRA) (Public and public procedure is impracticable, 26.11.07.06 [added]. Law 104–4). In addition, this action unnecessary or contrary to the public (ii) Additional Materials—Remainder does not significantly or uniquely affect interest. This determination must be of the February 6, 1998 submitted by the small governments or impose a supported by a brief statement. 5 U.S.C. Maryland Department of the significant intergovernmental mandate, 808(2). As stated previously, EPA had Environment pertaining to the as described in sections 203 and 204 of made such a good cause finding, amendments in paragraph (c)(173)(i) (B) UMRA. This rule also does not have a including the reasons therefore, and of this section. substantial direct effect on one or more established an effective date of August [FR Doc. 02–16035 Filed 6–28–02; 8:45 am] Indian tribes, on the relationship 12, 2002. EPA will submit a report BILLING CODE 6560–50–P between the Federal Government and containing this rule and other required Indian tribes, or on the distribution of information to the U.S. Senate, the U.S. power and responsibilities between the House of Representatives, and the ENVIRONMENTAL PROTECTION Federal Government and Indian tribes, Comptroller General of the United AGENCY as specified by Executive Order 13175 States prior to publication of the rule in (65 FR 67249, November 9, 2000), nor the Federal Register. This correction to 40 CFR Part 52 will it have substantial direct effects on 40 CFR 52.1070(c)(173)(i)(B)(1) for [CA 243–0357a; FRL–7232–6] the States, on the relationship between Maryland is not a ‘‘major rule’’ as the national government and the States, defined by 5 U.S.C. 804(2). Revisions to the California State or on the distribution of power and Dated: June 14, 2002. Implementation Plan; Bay Area Air responsibilities among the various Quality Management District; South levels of governments, as specified by Thomas C. Voltaggio, Coast Air Quality Management District Executive Order 13132 (64 FR 43255, Acting Regional Administrator, EPA Region August 10, 1999). This rule also is not III. AGENCY: Environmental Protection subject to Executive Order 13045 (62 FR 40 CFR part 52 is amended as follows: Agency (EPA). 19885, April 23, 1997), because it is not ACTION: Direct final rule. economically significant. PART 52—[AMENDED] SUMMARY: This technical correction action does EPA is taking direct final 1. The authority citation for part 52 not involve technical standards; thus action to approve revisions to the continues to read as follows: the requirements of section 12(d) of the portions of the California State National Technology Transfer and Authority: 42 U.S.C. 7401 et seq. Implementation Plan (SIP) that are Advancement Act of 1995 (15 U.S.C. associated with the Bay Area Air 272 note) do not apply. The rule also Subpart V—Maryland Quality Management District does not involve special consideration (BAAQMD) and South Coast Air Quality of environmental justice related issues 2. Section 52.1070 is amended by Management District (SCAQMD). These as required by Executive Order 12898 revising paragraph (c)(173), added on revisions concern volatile organic (59 FR 7629, February 16, 1994). In June 11, 2002 (67 FR 39856) and compound emissions from solid waste issuing this rule, EPA has taken the effective on August 12, 2002, to read as disposal sites. We are approving local necessary steps to eliminate drafting follows: rules that regulate these emission errors and ambiguity, minimize sources under the Clean Air Act as § 52.1070 Identification of plan. potential litigation, and provide a clear amended in 1990 (CAA or the Act). legal standard for affected conduct, as * * * * * DATES: This rule is effective on August required by section 3 of Executive Order (c) * * * 30, 2002, without further notice, unless 12988 (61 FR 4729, February 7, 1996). (173) Revisions to the Maryland State EPA receives adverse comments by July EPA has complied with Executive Order Implementation Plan submitted on 31, 2002. If we receive such comment, 12630 (53 FR 8859, March 15, 1998) by February 6, 1998 by the Maryland we will publish a timely withdrawal in examining the takings implications of Department of the Environment: the Federal Register to notify the public the rule in accordance with the (i) Incorporation by reference. that this rule will not take effect. ‘‘Attorney General’s Supplemental (A) A letter dated February 6, 1998 ADDRESSES: Mail comments to Andy Guidelines for the Evaluation of Risk from the Maryland Department of the Steckel, Rulemaking Office Chief (AIR– and Avoidance of Unanticipated Environment transmitting additions to 4), U.S. Environmental Protection Takings’’ issued under the executive Maryland’s State Implementation Plan, Agency, Region IX, 75 Hawthorne order. This rule does not impose an concerning exemption of certain Street, San Francisco, CA 94105–3901. information collection burden under the intermittent visible emissions You can inspect copies of the Paperwork Reduction Act of 1995 (44 requirements at Federal facilities, submitted SIP revisions and EPA’s U.S.C. 3501 et seq.). establishment of specific requirements technical support documents at our The Congressional Review Act (5 for safety determinations at Federal Region IX office during normal business U.S.C. 801 et seq.), as added by the facilities, and amendment to open hours. You may also see copies of the Small Business Regulatory Enforcement burning distance limitations under the submitted SIP revisions at the following Fairness Act of 1996, generally provides ‘‘open fire’’ rule. locations: that before a rule may take effect, the (B) The following additions and Environmental Protection Agency, Air agency promulgating the rule must revisions to the Code of Maryland Docket (6102), Ariel Rios Building,
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1200 Pennsylvania Avenue, NW., Environmental Protection Agency, C. EPA recommendations to further Washington DC 20460. Region IX, (415) 947–4124. improve the rules. California Air Resources Board, SUPPLEMENTARY INFORMATION: D. Public comment and final action. Stationary Source Division, Rule Throughout this document, ‘‘we,’’ ‘‘us’’ III. Background information Evaluation Section, 1001 ‘‘I’’ Street, and ‘‘our’’ refer to EPA. A. Why were these rules submitted? Sacramento, CA 95814. IV. Administrative Requirements Table of Contents Bay Area Air Quality Management I. The State’s Submittal District, 939 Ellis Street, San I. The State’s Submittal A. What rules did the State submit? A. What Rules Did the State Submit? Francisco, CA 94109–7799. B. Are there other versions of these rules? South Coast Air Quality Management C. What is the purpose of the submitted Table 1 lists the rules we are District, 21865 E. Copley Drive, rule revisions? approving with the dates that they were Diamond Bar, CA 91765–4182. II. EPA’s Evaluation and Action A. How is EPA evaluating the rules? adopted by the local air agencies and FOR FURTHER INFORMATION CONTACT: Mae B. Do the rules meet the evaluation submitted by the California Air Wang, Rulemaking Office (AIR–4), U.S. criteria? Resources Board (CARB).
TABLE 1.—SUBMITTED RULES
Local agency Rule No. Rule title Adopted Submitted
BAAQMD ...... 8–34 Solid Waste Disposal Sites ...... 10/06/99 12/11/00 SCAQMD ...... 1150.1 Control of Gaseous Emissions from Municipal Solid Waste Land- 03/17/00 07/26/00 fills.
On February 8, 2001, and October 4, July 7, 1997 (64 FR 754). The interim concern RACT, 52 FR 45044, November 2000, these rule submittals were found final determination did not stop the 24, 1987. to meet the completeness criteria in 40 sanctions clocks but did defer the 2. ‘‘Issues Relating to VOC Regulation CFR part 51 Appendix V, which must be imposition of sanctions. EPA never Cutpoints, Deficiencies, and Deviations; met before formal EPA review. finalized the proposed approval because Clarification to Appendix D of November 24, 1987 Federal Register B. Are There Other Versions of These SCAQMD had begun working on Notice,’’ (Blue Book), notice of Rules? another revision to the rule. SCAQMD amended Rule 1150.1 on March 17, availability published in the May 25, We approved a version of BAAQMD 2000, and CARB submitted this version 1988 Federal Register. Rule 8–34 into the California SIP on of the rule on July 26, 2000. 3. The New Source Performance March 22, 1995. The BAAQMD adopted Standards for Municipal Solid Waste revisions to the SIP-approved version of C. What Is the Purpose of the Submitted Landfills, as found in 40 CFR part 60, Rule 8–34 on July 17, 1996, but this Rule Revisions? Subpart WWW. version was not submitted for the SIP. These rules control landfill gas B. Do the Rules Meet the Evaluation SCAQMD adopted Rule 1150.1, emissions, which include volatile Criteria? ‘‘Control of Gaseous Emissions from organic compounds. Each rule has an Active Landfills,’’ and Rule 1150.2, associated Technical Support Document We believe these rules are consistent ‘‘Control of Gaseous Emissions from (TSD) that contains more information with the relevant policy and guidance Inactive Landfills,’’ on April 5, 1985 and about the rule and EPA’s evaluation. regarding enforceability, RACT, and SIP October 18, 1985, respectively. On May relaxations. The TSDs contain more 6, 1997, EPA published a limited II. EPA’s Evaluation and Action information on our evaluation. approval/limited disapproval of these A. How Is EPA Evaluating the Rules? rules (62 FR 24574). As a result, C. EPA Recommendations To Further sanctions clocks were started on July 7, Generally, SIP rules must be Improve the Rules 1997. On April 10, 1998, SCAQMD enforceable (see section 110(a) of the The TSDs describe additional rule amended Rule 1150.1 to correct the Act), must require Reasonably Available recommendations that do not affect deficiencies identified in EPA’s limited Control Technology (RACT) for major EPA’s current action but are disapproval action. SCAQMD also sources in nonattainment areas (see recommended for the next time the local rescinded Rule 1150.2 and incorporated section 182(a)(2)(A)), and must not relax agency modifies the rule. the requirements of Rule 1150.2 into existing requirements (see sections amended Rule 1150.1, which was 110(l) and 193). The BAAQMD and D. Public Comment and Final Action retitled: ‘‘Control of Gaseous Emissions SCAQMD regulate ozone nonattainment As authorized in section 110(k)(3) of from Municipal Solid Waste Landfills.’’ areas (see 40 CFR part 81), so BAAQMD the Act, EPA is fully approving the On June 23, 1998 CARB submitted the Rule 8–34 and SCAQMD Rule 1150.1 submitted rules because we believe they amended Rule 1150.1, ‘‘Control of must fulfill RACT. fulfill all relevant requirements. This Gaseous Emissions from Municipal Although there is no Control action will also stop the sanctions Solid Waste Landfills,’’ to replace both Technique Guideline document for the clocks that began on July 7, 1997, for Rule 1150.1 and Rule 1150.2. On source category regulated by these rules, SCAQMD Rules 1150.1 and 1150.2. We January 6, 1999, EPA published a the following guidance and policy do not think anyone will object to this proposed approval of amended Rule documents were used for reference to approval, so we are finalizing it without 1150.1 (64 FR 818). EPA also published help evaluate specific enforceability and proposing it in advance. However, in an interim final determination that the RACT requirements: the Proposed Rules section of this SCAQMD had corrected the deficiencies 1. Portions of the proposed post-1987 Federal Register, we are simultaneously for which the sanctions clocks began on ozone and carbon monoxide policy that proposing approval of the same
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submitted rules. If we receive adverse 2002. This will incorporate these rules III. Background Information comments by July 31, 2002, we will into the federally enforceable SIP. A. Why Were These Rules Submitted? publish a timely withdrawal in the Please note that if EPA receives Volatile organic compounds (VOCs) Federal Register to notify the public adverse comment on an amendment, help produce ground-level ozone and that this direct final approval will not paragraph, or section of this rule and if smog, which harm human health and take effect and we will address the that provision may be severed from the comments in a subsequent final action the environment. Section 110(a) of the remainder of the rule, EPA may adopt CAA requires States to submit based on the proposal. If we do not as final the provisions of this rule that receive timely adverse comments, the regulations that control VOC emissions. are not the subject of an adverse Table 2 lists some of the national direct final approval will be effective comment. milestones leading to the submittal of without further notice on August 30, these local agency VOC rules.
TABLE 2.—OZONE NONATTAINMENT MILESTONES
Date Event
March 3, 1978 ...... EPA promulgated a list of ozone nonattainment areas under the Clean Air Act as amended in 1977. 43 FR 8964; 40 CFR 81.305. May 26, 1988 ...... EPA notified Governors that parts of their SIPs were inadequate to attain and maintain the ozone standard and requested that they correct the deficiencies (EPA’s SIP-Call). See sec- tion 110(a)(2)(H) of the pre-amended Act. November 15, 1990 ...... Clean Air Act Amendments of 1990 were enacted. Pub. L. 101–549, 104 Stat. 2399, codified at 42 U.S.C. 7401–7671q. May 15, 1991 ...... Section 182(a)(2)(A) requires that ozone nonattainment areas correct deficient RACT rules by this date.
IV. Administrative Requirements implications because it does not have Paperwork Reduction Act of 1995 (44 Under Executive Order 12866 (58 FR substantial direct effects on the States, U.S.C. 3501 et seq.). 51735, October 4, 1993), this action is on the relationship between the national The Congressional Review Act, 5 not a ‘‘significant regulatory action’’ and government and the States, or on the U.S.C. section 801 et seq., as added by therefore is not subject to review by the distribution of power and the Small Business Regulatory Office of Management and Budget. For responsibilities among the various Enforcement Fairness Act of 1996, this reason, this action is also not levels of government, as specified in generally provides that before a rule subject to Executive Order 13211, Executive Order 13132 (64 FR 43255, may take effect, the agency ‘‘Actions Concerning Regulations That August 10, 1999). This action merely promulgating the rule must submit a Significantly Affect Energy Supply, approves a State rule implementing a rule report, which includes a copy of Distribution, or Use’’ (66 FR 28355, May Federal standard, and does not alter the the rule, to each House of the Congress 22, 2001). This action merely approves relationship or the distribution of power and to the Comptroller General of the State law as meeting Federal and responsibilities established in the United States. EPA will submit a report requirements and imposes no additional Clean Air Act. This rule also is not containing this rule and other required requirements beyond those imposed by subject to Executive Order 13045, information to the U.S. Senate, the U.S. State law. Accordingly, the ‘‘Protection of Children from House of Representatives, and the Administrator certifies that this rule Environmental Health Risks and Safety Comptroller General of the United will not have a significant economic Risks’’ (62 FR 19885, April 23, 1997), States prior to publication of the rule in impact on a substantial number of small because it is not economically the Federal Register. A major rule entities under the Regulatory Flexibility significant. Act (5 U.S.C. 601 et seq.). Because this cannot take effect until 60 days after it In reviewing SIP submissions, EPA’s rule approves pre-existing requirements is published in the Federal Register. role is to approve State choices, under State law and does not impose This action is not a ‘‘major rule’’ as any additional enforceable duty beyond provided that they meet the criteria of defined by 5 U.S.C. section 804(2). the Clean Air Act. In this context, in the that required by State law, it does not Under section 307(b)(1) of the Clean absence of a prior existing requirement contain any unfunded mandate or Air Act, petitions for judicial review of for the State to use voluntary consensus significantly or uniquely affect small this action must be filed in the United standards (VCS), EPA has no authority governments, as described in the States Court of Appeals for the to disapprove a SIP submission for Unfunded Mandates Reform Act of 1995 appropriate circuit by August 30, 2002. failure to use VCS. It would thus be (Public Law 104–4). Filing a petition for reconsideration by inconsistent with applicable law for This rule also does not have tribal the Administrator of this final rule does EPA, when it reviews a SIP submission, implications because it will not have a not affect the finality of this rule for the to use VCS in place of a SIP submission substantial direct effect on one or more purposes of judicial review nor does it Indian tribes, on the relationship that otherwise satisfies the provisions of extend the time within which a petition between the Federal Government and the Clean Air Act. Thus, the for judicial review may be filed, and Indian tribes, or on the distribution of requirements of section 12(d) of the shall not postpone the effectiveness of power and responsibilities between the National Technology Transfer and Federal Government and Indian tribes, Advancement Act of 1995 (15 U.S.C. such rule or action. This action may not as specified by Executive Order 13175 272 note) do not apply. This rule does be challenged later in proceedings to (65 FR 67249, November 9, 2000). This not impose an information collection enforce its requirements (See section action also does not have Federalism burden under the provisions of the 307(b)(2)).
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List of Subjects in 40 CFR Part 52 emissions budget for primary Particulate Region VIII, 999 18th Street, Suite 300, Environmental protection, Air Matter of 10 microns or less in diameter Denver, Colorado 80202–2466. pollution control, Hydrocarbons, (PM10) to the motor vehicle emissions Telephone number: (303) 312–6479. Incorporation by reference, budget for Nitrogen Oxides (NOX) which SUPPLEMENTARY INFORMATION: Intergovernmental relations, Ozone, is a PM10 precursor. EPA’s approval of Throughout this document wherever Reporting and recordkeeping this SIP revision allows Salt Lake ‘‘we’’, ‘‘us’’, or ‘‘our’’ are used we mean requirements, Volatile organic County to increase their NOX budget in the Environmental Protection Agency. the Salt Lake County PM10 SIP by compounds. I. What Is the Purpose of This Action? decreasing their PM10 budget in the Salt Dated: June 6, 2002. Lake County PM10 SIP by an equivalent In this final rulemaking action, we are Laura Yoshii, amount, and use these adjusted motor addressing comments received Acting Regional Administrator, Region IX. vehicle emissions budgets for NOX and regarding our NPR and we are Part 52, Chapter I, Title 40 of the Code PM10 to demonstrate transportation approving R307–310 as a revision to the of Federal Regulations is amended as conformity with the Salt Lake County Utah SIP. follows: PM10 SIP. Trading between emissions With the publication of our NPR on budgets for transportation conformity is May 1, 2002, (67 FR 21607), we utilized PART 52—[AMENDED] allowable as long as a trading our parallel processing procedure 1 that 1. The authority citation for Part 52 mechanism is approved into the SIP. allows EPA to propose rulemaking on a On May 1, 2002, EPA published a continues to read as follows: SIP revision, and solicit public notice of proposed rulemaking (NPR) comment, at the same time the State is Authority: 42 U.S.C. 7401 et seq. that used EPA’s parallel processing processing the SIP revision. procedure to propose approval of this The Utah Air Quality Board (UAQB) Subpart F—California SIP revision (67 FR 21607). EPA’s NPR proposed the SIP revision for a 30-day was in response to a letter of March 15, State public comment period that began 2. Section 52.220 is amended by 2002, in which the Governor asked that on April 1, 2002, and ended on April adding paragraphs (c)(280)(i)(A)(3) and EPA parallel process a proposed 30, 2002. The State conducted a public (c)(285)(i)(C)(2) to read as follows: revision to the Salt Lake County PM10 hearing on April 22, 2002. Final action § 52.220 Identification of plan. SIP consisting of a new rule, R307–310 and approval was taken by the UAQB ‘‘Salt Lake County: Trading of Emission on May 13, 2002. Rule R307–310 * * * * * Budgets for Transportation Conformity.’’ (c) * * * became State-effective on May 13, 2002. On May 13, 2002, the Governor (280) * * * On May 13, 2002, the Governor (i) * * * submitted the final version of R307–310 submitted the final version of rule (A) * * * for EPA’s approval. R307–310 to us for approval into the (3) Rule 1150.1, adopted on April 5, EPA’s 30-day comment period Utah SIP. 1985 and amended on March 17, 2000. concluded on May 31, 2002. During this comment period, EPA received one II. What Is the State’s Process To * * * * * comment letter in response to the May Submit These Materials to EPA? (285) * * * 1, 2002, NPR. Section 110(k) of the CAA addresses (i) * * * In this final rule action, EPA (C) * * * our actions on submissions of revisions (2) Regulation 8, Rule 34, adopted on summarizes all comments and EPA’s to a SIP. The CAA requires States to October 6, 1999. responses, and approves the Governor’s observe certain procedural requirements May 13, 2002, final SIP revision, in developing SIP revisions for * * * * * involving Utah’s new rule R307–310. submittal to us. Section 110(a)(2) of the [FR Doc. 02–16361 Filed 6–28–02; 8:45 am] EFFECTIVE DATE: July 31, 2002. CAA requires that each SIP revision be BILLING CODE 6560–50–P ADDRESSES: Richard R. Long, Director, adopted after reasonable notice and Air and Radiation Program, Mailcode public hearing. This public process 8P–AR, United States Environmental must occur prior to the State submitting ENVIRONMENTAL PROTECTION Protection Agency, Region VIII, 999 its final revisions to us. AGENCY 18th Street, Suite 300, Denver, Colorado At the March 13, 2002, UAQB meeting, the UAQB proposed for public 40 CFR Part 52 80202–2466. Copies of the documents relevant to comment the new rule R307–310. The [UT–001–0042; FRL–7238–5] this action are available for public Utah Air Quality Board (UAQB) inspection during normal business proposed the SIP revision for a 30-day Approval and Promulgation of Air hours at the following offices: United State public comment period that began Quality Implementation Plans; State of States Environmental Protection on April 1, 2002, and ended on April Utah; Salt Lake County—Trading of Agency, Region VIII, Air and Radiation 30, 2002. The State conducted a public Emission Budgets for PM10 Program, 999 18th Street, Suite 300, hearing on April 22, 2002. Final action Transportation Conformity Denver, Colorado 80202–2466. and approval was taken by the UAQB on May 13, 2002. Rule R307–310 AGENCY: Environmental Protection Copies of the State documents became State-effective on May 13, 2002. Agency (EPA). relevant to this action are available for public inspection at: Utah Department On May 13, 2002, the Governor ACTION: Final rule. of Environmental Quality, Division of submitted the final rule R307–310 to us SUMMARY: EPA is finalizing approval of Air Quality, 150 North 1950 West, Salt for approval into the Utah SIP. In a the State of Utah’s revision to the Utah Lake City, Utah 84114–4820. letter dated June 6, 2002, from Robert E. State Implementation Plan (SIP) that FOR FURTHER INFORMATION CONTACT: Tim 1 For further information regarding parallel was submitted by the Governor on May Russ, Air and Radiation Program, processing, please see Title 40 of the Code Of 13, 2002. This SIP revision allows Mailcode 8P–AR, United States Federal Regulations, part 51, appendix V, section trading from the motor vehicle Environmental Protection Agency, 2.3.1.
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Roberts, EPA Regional Administrator for obligations to submit SIPs requiring policy for the PM2.5 NAAQS. If Salt Lake Region VIII, to Governor Leavitt of Utah, emission reductions or controls for County is ultimately designated we determined that the Governor’s May PM2.5 apply to the State or the Salt Lake nonattainment for PM2.5, the State will 13, 2002, SIP submittal met the County area. Consequently, we are not then need to submit a SIP revision to completeness criteria in 40 CFR part 51, in a position to disapprove this trading address PM2.5 pursuant to applicable Appendix V, and therefore the submittal mechanism based on potential impacts deadlines. At that time, the State may was considered administratively and on PM2.5. need to reevaluate the budget trading technically complete. Comment 2: The Sierra Club states rule, R307–310, in relation to a PM2.5 that the CAA section 176(c )(1)(B) attainment demonstration. At this time, III. Supplementary Information specifies that conformity to an we are not in a position to require a The Governor’s May 13, 2002, final implementation plan means that such rigorous analysis of impacts on PM2.5 submittal of rule R307–310 and activities will not (I) ‘‘cause or attainment. technical justification did not change contribute to any new violation of any However, we have reviewed the from the proposed version on which we standard in any area’’. Sierra Club ambient air quality data for PM2.5 for based our May 1, 2002, NPR. Therefore, asserts it is clear from this section that Salt Lake County that has been archived our review and discussion of Utah’s rule transportation plans must not cause or by the State in our Aerometric R307–310 and accompanying technical contribute to a violation of PM2.5 Information and Retrieval System justification will not be restated here. NAAQS, as well as NAAQS for PM10, (AIRS) national database. Based on the The reader is referred to our May 1, ozone (eight hour as well as 1 hour), information in AIRS, we have 2002, NPR (see 67 FR 21607) for any carbon monoxide and other pollutants determined that were we to do further information. for which there is a standard. designations at this point in time, Salt Response to Comment 2: We disagree IV. Public Comments and EPA’s Lake County would be attainment for with the conclusions that Sierra Club Responses PM2.5. Further, using the maximum has expressed regarding the intentions concentration monitor for Salt Lake In response to our May 1, 2002, NPR of section 176 of the CAA. Section County, the preliminary design value for (67 FR 21607), we received a comment 176(c)(5) of the CAA as well as Title 40 PM2.5 would be 55 micro grams per letter from the Utah Chapter of the of the Code of Federal Regulations (CFR) cubic meter (ug/m3) and would correlate Sierra Club. The following discussion 93.102(b) specifically state that to only 85% of the PM2.5 24-hour summarizes and responds to those conformity only applies to standard of 65 ug/m3. Therefore, we do comments. nonattainment and maintenance areas, not believe that our approval of R307– Comment 1: The Sierra Club states and only to the specific pollutant for 310, which does not involve trading of there is a need to reduce PM2.5 in Salt which the area was designated PM10 or NOX emissions from any source Lake County. The Sierra Club states that nonattainment. Conformity does not category other than motor vehicles, will based on Utah air monitoring data, the apply with respect to either the new lead to a violation of the PM2.5 NAAQS. area exceeded the PM2.5 National PM2.5 or the new 8-hour ozone standard We also note that motor vehicle NOX Ambient Air Quality Standard (NAAQS) until one year after an area is designated emissions will decline significantly seven times in 2001 and to date, twice as nonattainment for one of those starting in 2004 based on new Federal in 2002. The Sierra Club asserts that standards, according to Clean Air Act tailpipe emission standards for vehicles reducing PM2.5 and its precursors in Salt Section 176(c)(6). As EPA has not yet and the local controls (Inspection and Lake County must be taken seriously in designated any areas nonattainment for Maintenance along with On-Board order to prevent a violation of the PM2.5 either the PM2.5 NAAQS or the 8-hour Diagnostics) as are described further in NAAQS. Sierra Club further states the ozone NAAQS, conformity our response to comment 5 below. area is in danger of violating the current determinations for the PM2.5 and the 8- An additional point we would like to PM2.5 NAAQS, which itself could be hour ozone standards are currently not make is that not all NOX forms particles. strengthened after the current review required. Furthermore, section 176 of Of the NOX that does form particles, process. the CAA contains no requirement that initially it may be all PM fines, but over Response to Comment 1: EPA is aware we consider the PM2.5 and the 8-hour time particles may aggregate to form of the PM2.5 NAAQS exceedances that ozone standards in deciding whether to larger particles. We noted this aspect in have been recorded in Salt Lake County. approve this SIP revision. our NPR at 67 FR 21609: ‘‘After this However, we also note the current levels Comment 3: Sierra Club stated the initial conversion, only a fraction of the of emissions have not caused the area to following: ‘‘All NOX that becomes PM10 gaseous nitric acid will condense as violate the PM2.5 NAAQS. In addition, is PM2.5, whereas not all direct PM10 is ammonium nitrate PM10 depending on many areas across the nation are like PM2.5. The proposed rule should, but the equilibrium considerations. Finally, Salt Lake County in that data is still does not, make this distinction. The during the gas-to-particle conversion being gathered for future PM2.5 NAAQS proposed rule does not compare the process, deposition will remove a designations. To date, EPA has not portion of direct PM10 that is PM2.5 with significant amount of material.’’ designated areas attainment or the portion of NOX that becomes PM2.5 Comment 4: Sierra Club states: ‘‘There nonattainment for the PM2.5 NAAQS when asserting that there is a benefit in is a discussion of general NOX under section 107 of the Clean Air Act moving part of the direct PM10 budget conversion rates to nitric acid and PM10 (CAA) and we have also not established to the NOX budget in the PM10 SIP. in columns 1 and 2 on p. 21609. Does an implementation policy for the PM2.5 There is a difference in health effects this general formula relate to NOX NAAQS. EPA is currently in the process between breathing PM2.5 nitrates and conversion rates during the type of of developing a PM2.5 implementation breathing coarse PM10 road dust.’’ inversions we have during the winter in policy. Finally, the PM standards, as Response to Comment 3: As we noted Salt Lake County? Our high levels of correctly noted by Sierra Club, are in our response to comment 1 above, ambient PM2.5 occur during these currently undergoing review by EPA. A EPA has not designated areas attainment inversions. There is also the statement target for completion for this review is or nonattainment for the PM2.5 NAAQS that ‘‘Another concern is that the rate of 2004. At this point in time, prior to the under section 107 of the CAA and we conversion to PM10 may be so long that designation of areas for PM2.5, no have not established an implementation the precursor may not entirely convert
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to PM10 within the same nonattainment metropolitan areas, such as Salt Lake Year Projected NOX Projected Par- area.’’ Is this statement true of what County, significant reductions in NOX (tpd) ticulates (tpd) happens to NOX conversion to PM10 in emissions will be realized. Additional 2003 ...... 52.99 18.36 our inversions? To what extent is it NOX reductions were realized beginning possible for the conversion to occur in 2001 from our National Low Emitting 2006 ...... 43.70 19.53 outside the area of the inversion?’’ 2012 ...... 31.56 22.37 Vehicle (NLEV) agreement with 2022 ...... 24.30 26.21 Response to Comment 4: With respect automakers and our Heavy Duty Diesel 2030 ...... 26.83 29.71 to the questions regarding conversion (HDD) emission requirements (see 65 FR rates, we have discussed this with the 59895). Second, Salt Lake County Comment 6: Sierra Club stated they State. Based on the State’s use of our air continues to operate a motor vehicle believe the rule should not have been dispersion model, UAM–AERO, to emissions inspection and maintenance exempted from review under Executive perform preliminary modeling efforts, (I/M) program which identifies vehicles Order 13045 Protection of Children from we believe that the general formula that do not pass required emission Environmental Health Risks and Safety stated in our NPR would apply to the specifications and must be repaired. Risks (They reference Executive Order Salt Lake County area. The general This I/M program includes emission 13040). ‘‘Complying with the Executive statement in our NPR regarding length specifications for NOX. In addition to Order would mean that there would of time for conversion may also be the County’s existing I/M program, the have to be an explanation of why the applicable to the Salt Lake County area, State has also required all four Wasatch planned regulation is preferable to other but we can not specifically quantify the Front Counties (Weber, Davis, Salt Lake, potentially effective and reasonably extent to which conversion would occur and Utah) to implement EPA’s On- feasible alternatives considered by the outside the area of an inversion in the Board Diagnostics II (OBD II) program. Agency. The Agency did not consider Salt Lake area. OBD II uses information from the other alternatives. We wish to point out Comment 5: Sierra Club stated there vehicle’s on-board computer system to was a lack of consideration of that children are especially susceptible determine if there are faults in the to the dangers of PM2.5 pollution. alternatives to reduce NOX emissions; emissions control systems, detect an Children in Salt Lake County were ‘‘The proposed rule appears to be an engine malfunction or deterioration, and example of the emphasis of many subjected to 24 days of PM2.5 pollution provide information that allows for above the 40.5 ug/m3 level at which MPO’s, state and some federal agencies early diagnosis of emission control on moving numbers around to show EPA requires health alerts to be issued equipment malfunction. The Governor to the susceptible population. Those 24 conformity of transportation plans with submitted the State’s OBD II rule to EPA the SIPs, rather than expending effort on days were within a 62 day time period for approval into the SIP. We have from December 18, 2001 through developing effective measures to reduce published a notice proposing to approve Vehicle Miles Traveled (VMT) and February 17, 2002.’’ the State’s OBD II rule (see 67 FR 9425, mobile source emissions. This is a major Response to Comment 6: We are not March 1, 2002) and are currently concern for us. To us, the excessive NO permitted to consider health and safety X preparing a final rule for the approval of emissions show that we must seek risks or require or engage in an the OBD II program. alternatives that would reduce mobile alternatives analysis in acting on SIPs. The WFRC’s conformity Under the CAA, we must approve SIPs NOX.’’ determination for the Long Range Response to Comment 5.: We are not if they meet the requirements of the Transportation Plan (LRTP), that was required to consider alternatives to CAA. The State’s SIP revision meets the approved on January 11, 2002, by the reduce NO emissions. Our obligation CAA’s requirements, and thus, we are X Federal Highway Administration under the CAA is to evaluate submitted required to approve it, even though SIP revisions against the requirements (FHWA), reflects the benefits of the there might be other alternatives the of the CAA; if a submission meets the above programs in the projected future State could have adopted that would CAA’s requirements, we are required to year emissions from motor vehicles. have resulted in less risk to children. approve it, even if there might be other WFRC’s conformity determination Furthermore, the Executive Order alternatives that would reduce shows that starting with 2012, there applies only to rules that are considered emissions more. As we have noted in would be no need to trade from the economically significant under our NPR, the transportation conformity PM10 emission budget to the NOX Executive Order 12866 which this rule rule at 40 CFR 93.124(c) allows for emission budget to show conformity, as is not. Consequently, Executive Order trading between budgets if the SIP the projected 2012 NOX emissions of 13045 does not apply to this action. established a mechanism for doing so. 31.56 tons per day would be below the Comment 7: Sierra Club stated: ‘‘It is We have evaluated Utah’s trading rule PM10 SIP’s NOX budget of 32.30 tons per very important for EPA to be able to and have concluded it will not cause day. Information from the WFRC’s perform evaluation analyses of violations of the NAAQS. This SIP conformity determination, that was unintended effects of the proposed revision meets the requirements of the approved by the FHWA, is provided trading rule at any time deemed CAA and we are approving it. below: appropriate and to be able to issue a SIP Budgets for 2002 (derived from the Furthermore, we believe NOX call to remedy the adverse effects if the emissions will continue to decrease in PM10 SIP): NOX = 38.84 tons per day State does not pursue remedy.’’ Salt Lake County over time. First, on (tpd), PM10 = 39.91 tons per day. Response to Comment 7: We agree February 10, 2000, EPA published a Budgets for 2003 and beyond (derived with the Sierra Club that, as this is the final rule in the Federal Register (see 65 from the PM10 SIP): NOX = 32.30 tpd, first use of the provisions of 40 CFR FR 6698) that set specific Tier II on-road PM10 = 40.30 tpd. 93.124(c), the State and EPA must be Excerpts from the WFRC’s LRTP motor vehicle emission specifications alert to unintended adverse impacts. In Table 10 are as follows: for new-manufactured vehicles. Starting addition, we wish to reiterate that if we in 2004, new vehicles will have to meet determine there are adverse air quality Projected NOX Projected Par- more stringent tailpipe emission Year (tpd) ticulates (tpd) effects associated with the standards including a standard for NOX. implementation of the new rule, R307– As these new vehicles enter the fleets of 2002 ...... 54.21 18.19 310, or if we determine that the State
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has failed to make the necessary SIP Orders 12612 (Federalism) and 12875 responsibilities between the Federal revisions to remedy identified adverse (Enhancing the Intergovernmental government and Indian tribes, as effects, EPA may exercise our authority Partnership). Executive Order 13132 specified in Executive Order 13175. to issue a SIP call consistent with the requires EPA to develop an accountable Thus, Executive Order 13175 does not provisions of section 110(k)(5) of the process to ensure ‘‘meaningful and apply to this rule. Clean Air Act (CAA) as amended in timely input by State and local officials (e) Executive Order 13211 (Energy 1990. in the development of regulatory Effects) policies that have federalism V. Final Action implications.’’ ‘‘Policies that have This rule is not subject to Executive In this action, we are approving the federalism implications’’ is defined in Order 13211 ‘‘Actions Concerning Governor’s May 13, 2002, submittal of a the Executive Order to include Regulations That Significantly Affect revision to the Utah State regulations that have ‘‘substantial direct Energy Supply, Distribution, or Use’’ (66 Implementation Plan—namely, new rule effects on the States, on the relationship FR 28355 (May 22, 2001)) because it is R307–310—that would allow the trading between the national government and not a significant regulatory action under of a portion of the PM10 motor vehicle the States, or on the distribution of Executive Order 12866. emissions budget to the NO motor X power and responsibilities among the (f) Regulatory Flexibility vehicle emissions budget in the Salt various levels of government.’’ Under Lake County PM10 SIP. This trading Executive Order 13132, EPA may not The Regulatory Flexibility Act (RFA) mechanism will allow a portion of the issue a regulation that has federalism generally requires an agency to conduct PM10 motor vehicle emissions budget to implications, that imposes substantial a regulatory flexibility analysis of any be applied instead to the NOX motor direct compliance costs, and that is not rule subject to notice and comment vehicle emissions budget on a 1:1 ratio, required by statute, unless the Federal rulemaking requirements unless the thus increasing the NOX motor vehicle government provides the funds agency certifies that the rule will not emissions budget and decreasing the necessary to pay the direct compliance have a significant economic impact on PM10 motor vehicle emissions budget costs incurred by State and local a substantial number of small entities. in the Salt Lake County PM10 SIP by an governments, or EPA consults with Small entities include small businesses, equivalent amount. These adjusted State and local officials early in the small not-for-profit enterprises, and budgets would then be used for process of developing the regulation. small governmental jurisdictions. transportation conformity purposes. EPA also may not issue a regulation that This final approval will not have a This final action will become effective has federalism implications and that significant impact on a substantial on July 31, 2002. preempts State law unless the Agency number of small entities because SIP approvals under section 110 and Administrative Requirements consults with State and local officials early in the process of developing the subchapter I, part D of the Clean Air Act (a) Executive Order 12866 regulation. do not create any new requirements, but The Office of Management and Budget This rule will not have substantial simply approve requirements that the (OMB) has exempted this regulatory direct effects on the States, on the State is already imposing. Therefore, action from Executive Order 12866, relationship between the national because the SIP final approval does not entitled ‘‘Regulatory Planning and government and the States, or on the create any new requirements, I certify Review.’’ distribution of power and that this action will not have a responsibilities among the various significant economic impact on a (b) Executive Order 13045 levels of government, as specified in substantial number of small entities. Protection of Children from Executive Order 13132, because it Moreover, due to the nature of the Environmental Health Risks and Safety merely approves state rules Federal-State relationship under the Risks (62 FR 19885, April 23, 1997), implementing a federal standard, and Clean Air Act, preparation of flexibility applies to any rule that: (1) Is does not alter the relationship or the analysis would constitute Federal determined to be ‘‘economically distribution of power and inquiry into the economic significant’’ as defined under Executive responsibilities established in the Clean reasonableness of state action. The Order 12866, and (2) concerns an Air Act. Thus, the requirements of Clean Air Act forbids EPA to base its environmental health or safety risk that section 6 of the Executive Order do not actions concerning SIPs on such EPA has reason to believe may have a apply to this rule. grounds. Union Electric Co., v. U.S. disproportionate effect on children. If EPA, 427 U.S. 246, 255–66 (1976); 42 (d) Executive Order 13175 (Consultation the regulatory action meets both criteria, U.S.C. 7410(a)(2). Therefore, because the and Coordination With Indian Tribal the Agency must evaluate the final rule does not create any new Governments) environmental health or safety effects of requirements, I certify that the final rule the planned rule on children, and Executive Order 13175, entitled will not have a significant economic explain why the planned regulation is ‘‘Consultation and Coordination with impact on a substantial number of small preferable to other potentially effective Indian Tribal Governments’’ (65 FR entities. 67249, November 6, 2000), requires EPA and reasonably feasible alternatives (g) Unfunded Mandates considered by the Agency. to develop an accountable process to This rule is not subject to Executive ensure ‘‘meaningful and timely input by Under section 202 of the Unfunded Order 13045 because it is not tribal officials in the development of Mandates Reform Act of 1995 economically significant and EPA does regulatory policies that have tribal (‘‘Unfunded Mandates Act’’), signed not have the discretion to engage in a implications.’’ into law on March 22, 1995, EPA must risk assessment or alternatives analysis This final rule does not have tribal prepare a budgetary impact statement to in acting on SIP revisions. implications. It will not have substantial accompany any proposed or final rule direct effects on tribal governments, on that includes a Federal mandate that (c) Executive Order 13132 the relationship between the Federal may result in estimated costs to State, Federalism (64 FR 43255, August 10, government and Indian tribes, or on the local, or tribal governments in the 1999) revokes and replaces Executive distribution of power and aggregate; or to the private sector, of
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$100 million or more. Under section (j) Petitions for Judicial Review (A) Rule R307–310 ‘‘Salt Lake County: 205, EPA must select the most cost- Under section 307(b)(1) of the Clean Trading of Emission Budgets for effective and least burdensome Air Act, petitions for judicial review of Transportation Conformity’’, as adopted alternative that achieves the objectives this action must be filed in the United on May 13, 2002, by the Utah Air of the rule and is consistent with States Court of Appeals for the Quality Board, and State effective on statutory requirements. Section 203 appropriate circuit by July 31, 2002. May 13, 2002. requires EPA to establish a plan for Filing a petition for reconsideration by [FR Doc. 02–16458 Filed 6–28–02; 8:45 am] informing and advising any small the Administrator of this final rule does BILLING CODE 6560–50–P governments that may be significantly not affect the finality of this rule for the or uniquely impacted by the rule. purposes of judicial review nor does it EPA has determined that this final extend the time within which a petition ENVIRONMENTAL PROTECTION approval action does not include a for judicial review may be filed, and AGENCY Federal mandate that may result in shall not postpone the effectiveness of 40 CFR Part 271 estimated costs of $100 million or more such rule or action. This action may not to either State, local, or tribal be challenged later in proceedings to [FRL–7239–7] governments in the aggregate, or to the enforce its requirements. (See section private sector. This Federal action 307(b)(2) of the Clean Air Act.) Idaho: Final Authorization of State approves pre-existing requirements Hazardous Waste Management List of Subjects in 40 CFR Part 52 under State or local law, and imposes Program Revision no new requirements. Accordingly, no Environmental protection, Air AGENCY: Environmental Protection additional costs to State, local, or tribal pollution control, Carbon monoxide, Agency (EPA). governments, or to the private sector, Incorporation by reference, result from this action. Intergovernmental relations, Nitrogen ACTION: Final rule. dioxide, Ozone, Particulate matter, SUMMARY: (h) Submission to Congress and the Reporting and recordkeeping Idaho applied to the Comptroller General requirements. Environmental Protection Agency (EPA) for final authorization of changes to its The Congressional Review Act, 5 Dated: June 20, 2002. hazardous waste program under the U.S.C. 801 et seq., as added by the Small Jack McGraw, Resource Conservation and Recovery Business Regulatory Enforcement Acting Regional Administrator, Region VIII. Act (RCRA). The EPA has reached a Fairness Act of 1996, generally provides Title 40, chapter I, part 52 of the Code final determination that these changes that before a rule may take effect, the of Federal Regulations is amended as to the Idaho hazardous waste agency promulgating the rule must follows: management program satisfy all of the submit a rule report, which includes a requirements necessary to qualify for copy of the rule, to each House of the PART 52—[AMENDED] final authorization. Thus, with respect Congress and to the Comptroller General 1. The authority citation for part 52 to these revisions, EPA is granting final of the United States. EPA will submit a continues to read as follows: authorization to the State to operate its report containing this rule and other program subject to the limitations on its required information to the U.S. Senate, Authority: 42 U.S.C. 7401 et seq. authority retained by EPA in accordance the U.S. House of Representatives, and Subpart TT—Utah with RCRA, including the Hazardous the Comptroller General of the United and Solid Waste Amendments of 1984 States prior to publication of the rule in 2. Section 52.2320 is amended by (HSWA). the Federal Register. A major rule adding paragraph (c)(51 ) to read as EFFECTIVE DATE: Final authorization for cannot take effect until 60 days after it follows: the revisions to the hazardous waste is published in the Federal Register. § 52.2320 Identification of plan. program in Idaho shall be effective at 1 This action is not a ‘‘major rule’’ as p.m. on July 1, 2002. defined by 5 U.S.C. 804(2). This rule * * * * * FOR FURTHER INFORMATION CONTACT: Jeff will be effective July 31, 2002. (c) * * * (51 ) On May 13, 2002, the Governor Hunt, WCM–122, U.S. EPA Region 10, (i) National Technology Transfer and of Utah submitted a revision to Utah’s Office of Waste and Chemicals Advancement Act SIP involving a new rule R307-310 ‘‘Salt Management, 1200 Sixth Avenue, Mail Lake County: Trading of Emission Stop WCM–122, Seattle, Washington, Section 12 of the National Technology Budgets for Transportation Conformity.’’ 98101, phone (206) 553–0256. Transfer and Advancement Act R307–310 allows trading from the motor SUPPLEMENTARY INFORMATION: (NTTAA) of 1995 requires Federal vehicle emissions budget for primary A. Why Are Revisions to State agencies to evaluate existing technical Particulate Matter of 10 microns or less Programs Necessary? standards when developing a new in diameter (PM ) in the Salt Lake regulation. To comply with NTTAA, 10 County PM10 SIP to the motor vehicle States which have received final EPA must consider and use ‘‘voluntary emissions budget for Nitrogen Oxides authorization from EPA under RCRA consensus standards’’ (VCS) if available (NOX) in the Salt Lake County PM10 SIP. Section 3006(b), 42 U.S.C. 6926(b), must and applicable when developing This trading mechanism allows Salt maintain a hazardous waste program programs and policies unless doing so Lake County to increase their NOX that is equivalent to and consistent with would be inconsistent with applicable budget in the Salt Lake County PM SIP the Federal program. States are required law or otherwise impractical. 10 by decreasing their PM10 budget by an to have enforcement authority which is The EPA believes that VCS are equivalent amount. These adjusted adequate to enforce compliance with the inapplicable to this action. Today’s budgets in the Salt Lake County PM10 requirements of the hazardous waste action does not require the public to SIP would then be used for program. Under RCRA Section 3009, perform activities conducive to the use transportation conformity purposes. States are not allowed to impose any of VCS. (i) Incorporation by reference. requirements which are less stringent
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than the Federal program. As the in taking today’s action. The significant to permits and permit applications.’’ 40 Federal program changes, States must issues raised by the Commentors for CFR 270.13(a) provides: ‘‘State law must change their programs and ask EPA to purposes of this revision authorization require permits for owners and authorize the changes. Changes to State and EPA’s responses follow below. operators of all hazardous waste programs may be necessary when Today’s action is not a determination management facilities required to obtain Federal or State statutory or regulatory on the merits of the Petition to a permit under 40 CFR part 270 and authority is modified or when certain withdraw federal authorization for prohibit the operation of any hazardous other changes occur. Most commonly, environmental programs in Idaho. In waste management facility without such States must change their programs response to the Petition, EPA initiated a permit, except that States may, if because of changes to EPA’s regulations an informal investigation of the adequate legal authority exists, in Title 40 of the Code of Federal authorized hazardous waste program in authorize owners and operators of any Regulations (CFR) parts 124, 260 Idaho. Based on the results of that facility which would qualify for interim through 266, 268, 270, 273 and 279. investigation, on March 7, 2002, the status under the Federal program to Idaho initially received final Regional Administrator for Region 10 remain in operation until a final authorization on March 26, 1990, found no basis to commence withdrawal decision is made on the permit effective April 9, 1990 (55 FR 11015), to proceedings and denied the Petition. application, ***.’’ Idaho’s legal implement the State’s hazardous waste That response is included in the authorities are reviewed with each management program. EPA also granted administrative record for this revision to the authorized program and authorization for changes to Idaho’s rulemaking. The Petition raised many were reviewed prior to EPA’s issuance program on April 6, 1992, effective June issues not relevant to the revision of the August 22, 2001 immediate final 5, 1992 (57 FR 11580), June 11, 1992, authorization. EPA considered those rule. EPA’s review of Idaho legal effective August 10, 1992 (57 FR 24757), issues fully in its response to the authorities did not disclose any lack of April 12, 1995, effective June 11, 1995 Petition. authority in Idaho law to require (60 FR 18549), and October 21, 1998, This rulemaking considers and hazardous waste management facilities effective January 19, 1999 (63 FR responds to the comments relevant to to obtain a permit or to operate as an 56086). the revision authorization. Commentors interim status facility. On May 1, 2001, Idaho submitted a raised issues in the following areas: (1) 40 CFR 271.14, ‘‘Requirements for final program revision application to IDEQ’s compliance with the permitting permitting,’’ mandates that: ‘‘All State EPA in accordance with 40 CFR 271.21 requirements for authorized hazardous programs under this subpart must have seeking authorization of changes to the waste programs; (2) IDEQ’s enforcement legal authority to implement each of the State program. On August 22, 2001, EPA of the authorized hazardous waste following provisions and must be published proposed and immediate program; (3) IDEQ’s compliance with administered in conformance with each; final rules announcing its intent to grant the Memorandum of Agreement (MOA) except that States are not precluded Idaho final authorization for revisions to for the authorized hazardous waste from omitting or modifying any Idaho’s hazardous waste program. The program; and (4) IDEQ’s funding and provisions to impose more stringent proposed rule can be found at 66 FR staffing of the authorized program. requirements ***.’’ The regulation 44107, August 22, 2001. The immediate Comment area #1: EPA received then specifies that 40 CFR 270.1(c)(1), final rule appears at 66 FR 44071, comment relating to IDEQ’s 270.4, 270.5, 270.10 through 33; 270.40, August 22, 2001. implementation of RCRA permitting. 270.41, 270.43, 270.50, 270.60, 270.61, The comments generally asserted that 270.64 are mandatory. Idaho B. What Were the Comments to EPA’s the IDEQ was not issuing permits as Proposed and Immediate Final Rule? incorporates the federal regulations by required but was allowing facilities to reference and as a consequence of that Along with its intent to immediately operate under interim status without incorporation, each of these requisite authorize revisions to the Idaho permits, and was for those permits provisions is included in Idaho’s hazardous waste management program, issued, not issuing permits which hazardous waste regulations. Idaho’s EPA announced the availability of the conformed to the requirements of 40 authority to compel permitting is authorization revision application and CFR part 271. Commentors specifically established. EPA next turns to Idaho’s rulemaking for public comment. EPA focused on permitting issues involving implementation of that authority. received one adverse comment during the Idaho National Environmental and Idaho’s authorized hazardous waste the comment period in the form of a Engineering Laboratory (‘‘INEEL’’) program contains a small universe of ‘‘Petition to the United States facility, a mixed (radioactive and facilities subject to the requirement to Environmental Protection Agency to hazardous) waste facility in Idaho. obtain a final RCRA permit and of this Commence Proceedings for Withdrawal Commentors claimed that IDEQ had not universe the INEEL facility represents of the Idaho Department of issued permits to units at INEEL and the largest and most complex facility Environmental Quality (IDEQ) as the had allowed units to illegally operate subject to RCRA permitting RCRA Authority for the State of Idaho’’ without permits. Commentors also requirements in the State. EPA’s (Petition) challenging the administration claimed that permits issued by IDEQ to database shows that all facilities subject and enforcement of the hazardous waste the INEEL facility were incomplete and to the hazardous waste permitting program by the State of Idaho and failed to provide for full public requirements of the authorized program seeking withdrawal of authorization. participation. in Idaho have been issued final RCRA EPA withdrew its Immediate Final Rule Response: To meet EPA approval permits with the exception of the INEEL on October 5, 2001, 66 FR 50833, in standards for authorization, State facility, which has been partially order to respond to the adverse programs must include requirements for permitted. The federal program allows a comment. EPA’s proposed rule, 66 FR permitting. See 40 CFR 271.1(c). States facility to receive a partial permit. 40 44107, was not withdrawn and was with authorized hazardous waste CFR 270.1(c)(4) provides: ‘‘EPA may retained for later consideration. EPA has programs under 40 CFR part 271 must issue or deny a permit for one or more taken into consideration comments in have legal authority to implement units at a facility without the Petition relating to the Idaho permitting provisions as set forth in 40 simultaneously issuing or denying a hazardous waste management program CFR 271.13 ‘‘Requirements with respect permit to all of the units at the facility.
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The interim status of any unit for which as allowed under the Expanded Public disagree with the issuance of partial a permit has not been issued or denied Participation Rule. permits at INEEL, partial permitting is is not affected by the issuance or denial Comment area #2: EPA received allowed under the federal regulations of a permit to any other unit at the comment relating to the IDEQ’s and is an authorized part of the Idaho facility.’’ Idaho’s hazardous waste enforcement of the authorized hazardous waste program and is not program, which incorporated the federal hazardous waste program. The inconsistent with the MOA. regulation at 40 CFR 270.1(c)(4) by Commentors generally asserted that the EPA notes that IDEQ submitted a reference, has been authorized to allow IDEQ failed to act on violations of revised MOA as a part of the application partial permitting, replacing ‘‘EPA may permits or program requirements, failed package for this rulemaking. The revised issue’’ with ‘‘IDEQ may issue.’’ See to seek adequate penalties, failed to MOA will become part of the authorized IDAPA 16.01.05.012. inspect and monitor hazardous waste program as a result of this final rule. The Commentors maintain permitting activities and failed to initiate closure Comment area #4: The Commentors less than all units at a facility results in for non-complaint facilities. The expressed concern over IDEQ’s funding an incomplete permit and is Commentors enforcement concerns and staffing levels and generally consequently non-compliant with the focused on enforcement at the INEEL asserted that the IDEQ was underfunded requirement to obtain a RCRA permit for facility. and understaffed to carry out an the facility. The regulations clearly Response: IDEQ provided EPA with a authorized hazardous waste program. Response: In response to this concern, allow for the use of partial permitting statistical summary of enforcement EPA looked at OSWER Directive and such use is in compliance with the actions taken by IDEQ since 1990 at 9540.00–10 ‘‘Capability Assessment RCRA permitting requirements. At a INEEL. IDEQ issued INEEL Notices of Guidance,’’ January 30, 1992 for complex federal facility, such as INEEL Violation at least eight times and ‘‘Resources and Skills Mix’’ used in with 137 hazardous waste management assessed cash penalties of $906,031.89 assessing overall state capability. The units, partial permitting is an and Supplemental Environmental guidance specifies that EPA look at the appropriate and compliant approach to Projects valued at $342,606.00. EPA, in two separate program reviews, did not demonstrated ability of the State to permitting the facility. Those units find IDEQ’s enforcement of its bring sufficient and appropriate which have not yet been permitted are hazardous waste program at INEEL to be resources to the program, regardless of required to comply with the interim problematic and has not found the short-term staffing shortages, status standards until permitted, thus State’s enforcement of the authorized unpredictable legislative activities there is no regulatory gap in managing hazardous waste program at INEEL to be regarding appropriations for the state hazardous wastes at a facility where inadequate. The Commentors program, and regardless of competing partial permits have been issued. contention that IDEQ failed to close demands for resources available for The Commentors also generally non-compliant facilities is inaccurate program priorities. OSWER Directive asserted that the IDEQ did not allow full and is based on the Commentors’ belief 9540.00–10. Unacceptable capability public participation in permit decision that a full permit for all units is required would be identified where, for example, making. Those requirements are found for a facility to be compliant with a State was significantly understaffed, at 40 CFR part 124. Idaho incorporated RCRA. As has been discussed, partial had a high turnover rate of staff 40 CFR part 124 subparts A and B by permitting of certain units, while resulting in poor work product and had reference and is authorized for those allowing others to remain subject to the not made an effort to correct the regulations. Public participation interim status standards, does not result situation. EPA’s review of IDEQ’s requirements are applicable at the time in non-compliance for those units not program description and attachments, of permitting and are applicable to addressed by the partial permit. which were submitted as part of the partial permits. Commentors will have Comment area #3: The Commentors authorization package for this revision an opportunity to comment on units not asserted that IDEQ was not in to the authorized hazardous waste addressed in a partial permit when compliance with the MOA, a required program, did not find the program to be those units are themselves permitted. element of the authorized hazardous understaffed or to be experiencing a EPA does not agree that IDEQ failed waste program. high turnover rate of staff. Rather, the to comply with the Expanded Public Response: States are required, for full time equivalent (FTE) personnel Participation Rule for certain permitting purposes of administering an authorized devoted to the IDEQ hazardous waste activities at the INEEL facility. The hazardous waste program, to execute an management program adequately meet permitting activities occurred before the MOA with EPA. See 40 CFR 271.8. The the staffing component of skills and State of Idaho enacted the rule as part MOA includes, among others, personnel necessary for an authorized of its hazardous waste program. Idaho mandatory provisions to coordinate hazardous waste program. enacted the Expanded Public enforcement and inspection efforts With respect to funding resources Participation Rule on July 2, 1997; the between the state and EPA, including available, EPA reviewed funding Idaho hazardous waste program was the sharing of information on facilities guidance issued by the Office of Solid authorized for the rule on October 21, and permits. The Commentors did not Waste (OSW) in 1996. This guidance 1998. Prior to the 1997 enactment, the point to any specific area of the MOA was issued in the context of providing rule was not a requirement of the where IDEQ was out of compliance with federal grant money to the states hazardous waste program in Idaho and the agreement but discussed concerns pursuant to Section 3011 of RCRA. The the State could not require compliance with IDEQ’s permitting activities at the guidance established a minimum with the federal rule. The rule is INEEL facility. funding requirement of $466,666 for applicable to permit applications in EPA has not found any failure on the maintaining hazardous waste programs Idaho currently and must be complied part of IDEQ to comply with the in small states , such as Idaho, and with with. Information provided by currently authorized MOA. Nor, as small universes of hazardous waste Commentors on related matters shows discussed above, does EPA have cause activities. Idaho’s authorization that Commentors have availed to find that IDEQ failed to implement application package for this rulemaking themselves of the opportunity to the authorized program at the INEEL included information indicating that comment on permits issued by the IDEQ facility. Although Commentors may Idaho’s contribution to the minimum
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funding requirement was $943,900, well —Enforce RCRA requirements, HSWA requirements for which Idaho is above the minimum level set by EPA’s including State program requirements not yet authorized. own guidance. that are authorized by EPA and any G. What Is Codification and Is EPA applicable Federally-issued statutes C. What Decisions Have We Made in Codifying Idaho’s Hazardous Waste and regulations, and suspend or this Rule? Program as Authorized in This Rule? revoke permits; and EPA has made a final determination —Take enforcement actions regardless Codification is the process of placing that Idaho’s application for of whether the State has taken its own the State’s statutes and regulations that authorization of the revisions to the actions. comprise the State’s authorized Idaho authorized program meets all of This final action approving these hazardous waste program into the Code the statutory and regulatory revisions will not impose additional of Federal Regulations. EPA does this by requirements established by RCRA. requirements on the regulated referencing the authorized State’s Therefore, with respect to the revisions, community because the regulations for authorized rules in 40 CFR part 272. we are granting Idaho final which Idaho’s program is being EPA is reserving the amendment of 40 authorization to operate its hazardous authorized are already effective under CFR part 272, subpart F for codification waste program as described in the State law. of Idaho’s program at a later date. revision authorization application. H. How Does Today’s Action Affect Idaho’s authorized program will be E. What Rules Are We Authorizing Indian Country (18 U.S.C. Section 1151) responsible for carrying out the aspects With Today’s Action? in Idaho? of the RCRA program described in its EPA is granting final authorization for revised program application, subject to the revisions to Idaho’s federally EPA’s decision to authorize the Idaho the limitations of RCRA, including the authorized program described in Idaho’s hazardous waste program does not Hazardous and Solid Waste final complete program revision include any land that is, or becomes Amendments of 1984 (HSWA). Idaho’s application, submitted to EPA on May 1, after the date of this authorization, authorized program does not extend to 2001. We have made a final ‘‘Indian Country,’’ as defined in 18 Indian country. EPA retains jurisdiction determination that Idaho’s hazardous U.S.C. 1151. This includes: (1) All lands and authority to implement and enforce waste program revisions, as described in within the exterior boundaries of Indian RCRA in Indian country within the this rule, satisfy the requirements reservations within or abutting the State State boundaries. necessary for final authorization. of Idaho; (2) Any land held in trust by New Federal requirements and Therefore, we grant Idaho final the U.S. for an Indian tribe; and (3) Any prohibitions imposed by Federal authorization for all delegable other land, whether on or off an Indian regulations that EPA promulgates under hazardous waste regulations reservation that qualifies as Indian the authority of HSWA are implemented promulgated as of July 1, 1998, as country. Therefore, this action has no by EPA and take effect in States with incorporated by reference in IDAPA effect on Indian country. EPA retains authorized programs before such 16.01.05.(002)-(016) and 16.01.05.997. 1 jurisdiction over ‘‘Indian Country’’ as programs are authorized for the Any subsequent changes to the Federal defined in 18 U.S.C. 1151. requirements. Thus, EPA will program or to State law that occurred I. Administrative Requirements implement those HSWA requirement after July 1, 1998 are not part of Idaho’s The Office of Management and Budget and prohibitions in Idaho, including authorized RCRA program. EPA is not has exempted this action from the issuing permits or portions of permits, authorizing IDAPA 16.01.05.000; requirements of Executive Order 12866 until the State is granted authorization 16.01.05.001; 16.01.05.006(02); (58 FR 51735, October 4, 1993), and to do so. 16.01.05.016(02)(a),(b); 16.01.05.017– therefore this action is not subject to 996; 16.01.05.998; and 16.01.05.999. D. What Will Be the Effect of Today’s review by OMB. This action authorizes Action? F. Who Handles Permits After This State requirements for the purpose of The effect of today’s action is that a Authorization Takes Effect? RCRA 3006 and imposes no additional facility in Idaho subject to RCRA must Idaho will issue permits for all the requirements beyond those imposed by comply with the authorized State provisions for which it is authorized State law. Accordingly, I certify that this program requirements and with any and will administer the permits it action will not have a significant applicable Federally-issued issues. All permits or portions of economic impact on a substantial requirement, such as, for example, the permits issued by EPA Region 10 prior number of small entities under the federal HSWA provisions for which the to final authorization of this revision Regulatory Flexibility Act (5 U.S.C. 601 State is not authorized, and RCRA will continue to be administered by EPA et seq.). Because this action authorizes requirements that are not supplanted by Region 10 until the issuance or re- pre-existing requirements under State authorized State-issued requirements, in issuance after modification of a State law and does not impose any additional order to comply with RCRA. Idaho has RCRA permit and until EPA takes action enforceable duty beyond that required enforcement responsibilities under its on its permit or portion of permit. by State law, it does not contain any State hazardous waste program for HSWA provisions for which the State is unfunded mandate or significantly or violations of its currently authorized not authorized will continue in effect uniquely affect small governments, as program and will have enforcement under the EPA-issued permit or portion described in the Unfunded Mandates responsibilities for the revisions which of permit. EPA will continue to issue Reform Act of 1995 (Public Law 104–4). are the subject of this final rule. EPA permits or portions of permits for For the same reason, this action also continues to have independent does not have Tribal implications enforcement authority under RCRA 1 Sections of the Federal hazardous waste within the meaning of Executive Order sections 3007, 3008, 3013, and 7003, program are not delegable to the states. These 13175 (65 FR 67249, November 6, 2000). which include, among others, authority sections are 40 CFR part 262 subparts E, F, & H; 40 It does not have substantial direct to: CFR 268.5; 40 CFR 268.42(b); 40 CFR 268.44(a)-(g); and 40 CFR 268.6. Authority for implementing the effects on tribal governments, on the —Do inspections, and require provisions contained in these sections remains with relationships between the Federal monitoring, tests, analyses or reports; EPA. government and the Indian Tribes, or on
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the distribution of power and List of Subjects in 40 CFR Part 271 we provided an extensive discussion of responsibilities between the Federal Environmental protection, the inpatient rehabilitation facility (IRF) government and Indian tribes, as Administrative practice and procedure, patient assessment instrument and its specified in Executive Order 13175. Confidential business information, implementation that employed various This action will not have substantial Hazardous waste, Hazardous waste examples to illustrate essential points of direct effects on the States, on the transportation, Indian lands, the patient assessment process. A number of those examples contain relationship between the national Intergovernmental relations, Penalties, technical errors. In addition, we are government and the States, or on the Reporting and recordkeeping making technical corrections to the distribution of power and requirements. responsibilities among the various regulations text where the regulations levels of government, as specified in Authority: This action is issued under the text inadvertently fails to reflect the Executive Order 13132 (64 FR 43255, authority of Sections 2002(a), 3006 and policies set forth in the preamble of the 7004(b) of the Solid Waste Disposal Act as final rule. August 10, 1999), because it merely amended 42 U.S.C. 6912(a), 6926, 6974(b). authorizes State requirements as part of Summary of Technical Corrections to the State RCRA hazardous waste Dated: June 20, 2002. the Preamble to the August 7, 2001 program without altering the L. John Iani, Final Rule relationship or the distribution of power Regional Administrator, Region 10. In section IV of the final rule, we and responsibilities established by [FR Doc. 02–16465 Filed 6–28–02; 8:45 am] RCRA. This action also is not subject to describe the process of using the IRF BILLING CODE 6560–50–P Executive Order 13045 (62 FR 19885, patient assessment instrument to collect April 23, 1997), because it is not patient data that are the basis of economically significant and it does not payments made under the IRF make decisions based on environmental DEPARTMENT OF HEALTH AND prospective payment system. Beginning health or safety risks. This rule is not HUMAN SERVICES on page 41330 of the final rule, we subject to Executive Order 13211, describe the schedule for completing, Centers for Medicare & Medicaid encoding (computerizing), and ‘‘Actions Concerning Regulations That Services Significantly Affect Energy Supply transmitting data contained in the IRF patient assessment instrument. The Distribution or Use’’ (66 FR 28344, May 42 CFR Parts 412 and 413 22, 2001) because it is not a significant rules associated with the assessment schedule are codified at §§ 412.610 and regulatory action under Executive Order [CMS–1069–F2] 412.614. 12866. This action does not include RIN –0938–AL40 environmental justice issues that require Interruption of the Stay During the consideration under Executive Order Medicare Program; Prospective Admission Assessment 12898 (59 FR 7629, February 16, 1994). Payment System for Inpatient After the patient is admitted, the IRF Under RCRA 3006(b), EPA grants a Rehabilitation Facilities; Correcting has a time period to observe the State’s application for authorization as Amendment patient’s functional status/clinical long as the State meets the criteria condition that is then recorded on the AGENCY: Centers for Medicare & required by RCRA. It would thus be patient assessment instrument. This Medicaid Services (CMS), HHS. inconsistent with applicable law for time period is referred to in the final EPA, when it reviews a State ACTION: Final rule; correcting rule as the admission assessment time authorization application, to require the amendment. period. Section 412.610(b) states that use of any particular voluntary ‘‘The first day that the Medicare Part A SUMMARY: In the August 7, 2001 issue of consensus standard in place of another fee-for-service inpatient is furnished the Federal Register (66 FR 41316), we standard that otherwise satisfies the Medicare-covered services during his or published a final rule establishing a requirements of RCRA. Thus, the her current inpatient rehabilitation prospective payment system (PPS) for requirements of section 12(d) of the facility hospital stay is counted as day Medicare payment of inpatient hospital National Technology Transfer and one of the patient assessment schedule.’’ services provided by a rehabilitation Advancement Act of 1995 (15 U.S.C. Section 412.610(c)(1)(i) specifies the hospital or rehabilitation unit of a 272) do not apply. As required by general rule that the admission hospital. The effective date was January section 3 of Executive Order 12988 (61 assessment time period is a span of time 1, 2002. This correcting amendment FR 4729, February 7, 1996), in issuing that covers calendar days 1 through 3 of corrects a limited number of technical this rule, EPA has taken the necessary the patient’s current Medicare Part A and typographical errors identified in steps to eliminate drafting errors and fee-for-service hospitalization. The the August 7, 2001 final rule. It also ambiguity, minimize potential litigation, patient’s IRF admission day is the first corrects an example related to the and provide a clear legal standard for day of the admission assessment time Inpatient Rehabilitation Facility Patient affected conduct. EPA has complied period. For example, Chart 1 on page Assessment Instrument contained with Executive Order 12630 (53 FR 41330 illustrates the assessment within the final rule. 8859, March 15, 1988) by examining the schedule for an inpatient stay in an IRF; takings implications of the rule in EFFECTIVE DATE: This correcting the admission assessment time period is accordance with the ‘‘Attorney amendment is effective July 31, 2002. the first 3 days of the patient’s IRF General’s Supplemental Guidelines for FOR FURTHER INFORMATION CONTACT: hospitalization, with day 3 being the the Evaluation of Risk and Avoidance of Robert Kuhl, (410) 786–4597. admission assessment reference date, Unanticipated Takings’ issued under the SUPPLEMENTARY INFORMATION: day 4 being the admission assessment executive order. This final rule does not completion date, and day 10 being the impose an information collection Need for Corrections encoded by date. Chart 2 on page 41331 burden under the provisions of the In our August 7, 2001 final rule (66 illustrates the application of the general Paperwork Reduction Act of 1995 (44 FR 41316), referred to as the final rule rule for a patient who is admitted on U.S.C. 3501 et seq.). throughout this correcting amendment, July 3, 2002. The admission assessment
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time period would be July 3, 4, and 5, of the admission assessment time period days prior to the discharge assessment the admission assessment reference date is incorrect, it follows that the reference date) being part of the July 5, the admission assessment admission assessment reference date of discharge assessment time period. completion date July 6, and the July 8, the admission assessment In this situation, the admission admission assessment encoded by date completion date of July 9, and the assessment time period and the July 12, 2002. encoded by date of July 15, 2002 discharge assessment time period both The preamble also explains the included in the example are also include October 2 and 3. However, on admission assessment time period, incorrect. The correct admission page 41327, we incorrectly stated that admission assessment reference date, assessment time period, as a result of an ‘‘In addition, for the discharge the admission assessment completion interruption in the stay as described in assessment, in no case will the date, and the admission assessment the final rule example, is July 3, 6, and discharge assessment time period encoded by date for the case in which 7, with July 7 being the assessment include a calendar day(s) prior to the the beneficiary has an interrupted stay reference date, July 8 the completion admission assessment reference during the admission assessment time date, and July 14, 2002, the encoded by calendar date or the admission period. As defined in § 412.602, an date. assessment reference calendar date interrupted stay means a stay at an If, for example, the patient was itself.’’ That statement is incorrect inpatient rehabilitation facility during admitted to the IRF on July 3, but the because there will be situations, such as which a Medicare inpatient is stay is interrupted on July 5, 2002, and when a patient’s IRF stay is only 4 days discharged from the inpatient the patient returns to the IRF before in length, when it would be impossible rehabilitation facility and returns to the midnight of July 7, 2002, the admission to apply the admission assessment and same inpatient rehabilitation facility assessment time period dates would be discharge assessment general rules and within three consecutive calendar days. July 3, 4, and 7. In this case, the not include the admission assessment The duration of the interruption of the admission assessment reference date reference date itself, or another day of stay of three consecutive calendar days would be July 7, the completion date the admission assessment time period, begins with the day of discharge from would be July 8, and the encoded by as part of the discharge assessment time the inpatient rehabilitation facility and date would be July 14, 2002. period. Consequently, a patient who has ends on midnight of the third day. a very short IRF stay may have a Discharge Assessment However, the August 7, 2001, final rule discharge assessment time period that contains some technical errors in Section 412.610, ‘‘Assessment includes (that is, overlaps) a calendar illustrating the assessment process for a schedule,’’ specifies the general rules for day(s) prior to the admission assessment patient who has an interruption in a the admission assessment and the reference calendar date or the admission stay which occurs during the admission discharge assessment. As stated assessment reference calendar date assessment time period. previously, the admission assessment itself. On page 41331 of the preamble of the time period is a span of time that covers In order to correct for this overly final rule, we describe the process of calendar days 1 through 3 of the broad statement, previously quoted from shifting the dates associated with the patient’s current Medicare Part A fee- page 41327, that makes application of admission assessment schedule when for-service hospitalization. The first day both the admission assessment and an inpatient rehabilitation stay has been of the patient’s IRF stay is counted as discharge assessment general rules interrupted. In the example on page day 1 of the patient assessment impossible when a short stay causes the 41331, the patient’s stay begins with an schedule, with day 3 of the time periods for the admission and admission to the IRF on July 3, 2002. hospitalization being the admission discharge assessments to overlap, we are However, the stay is interrupted on July assessment reference date. Section adding, after the word ‘‘itself’’, the 4, 2002, and the patient returns to the 412.610 specifies the general rule that phrase, ‘‘, unless a patient’s IRF length IRF before midnight of July 6, 2002. The the discharge assessment reference date of stay causes these assessment periods example on page 41331 incorrectly is the day the first of the following two to overlap.’’ states that, due to this interruption in events occurs: (1) The patient is Transmission of Assessment Data the hospital stay, the admission discharged from the IRF; or (2) the assessment time period would be patient stops being furnished Medicare Under § 412.610, patient data are shifted to July 6, 7, and 8. The example Part A fee-for-service IRF services. The collected on the same IRF patient is incorrect because the three calendar discharge assessment time period assessment instrument two times. The days to observe the patient during the includes the discharge assessment first time is during the admission admission assessment time period must reference date and the two calendar assessment time period, and the second include July 3, because July 3 is the day days prior to the discharge assessment time is during the discharge assessment of admission to the IRF. As stated reference date. time period. Under § 412.614(c), we previously, the day of admission to the Applying the admission assessment require that both the admission and IRF is the first day of the admission general rule means that a patient discharge assessment data be assessment time period. Because July 3 admitted on October 1, 2002, and transmitted together only one time after is day 1 of the admission assessment discharged on October 4, 2002, would the patient is discharged. Because the time period, then July 6, the date when have an admission assessment time discharge date is the sole basis for the patient returns to the IRF after the period of October 1, 2, and 3 (the first determining when the transmission of interruption in the stay, is day 2 of the three days of the current Medicare Part the data must occur, an event, such as admission assessment time period. A IRF hospitalization), with October 3 an interruption of a stay, that occurs Accordingly, July 7 is day 3 of the being the admission assessment before the actual day of discharge will admission assessment time period. reference date. Applying the discharge not affect any of the discharge The admission assessment reference assessment general rule means that assessment schedule dates, including date, completion date, and encoded by October 4, 2002 (the day the patient is the date to transmit the data. However, date are based upon the admission discharged from the IRF) is the on page 41331 of the preamble and in assessment time period. Because the discharge assessment reference date, § 412.618(c) on page 41390, we final rule example regarding the shifting with October 2 and 3 (the two calendar incorrectly stated that if an interruption
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of a stay occurred for (that is, during) 41331, we are correcting the condition 2. On page 41331, in the first column, the admission assessment time period, ‘‘(2) the day on which the patient ceases in the next to last line add the word the patient assessment instrument to receive Medicare-covered Part A ‘‘and’’ before the word ‘‘patient’’. transmitted by date would be shifted inpatient rehabilitation services’’ by 3. On page 41331 in the first column, forward. We are correcting the statement adding ‘‘unless the patient qualifies for in the last line, and continuing in the on page 41331 by removing the phrase continued hospitalization under second column, first and second lines, ‘‘and patient assessment instrument § 424.13(b) of the regulations.’’ A remove the following text, ‘‘and patient transmitted by date’’, because an corresponding correction to the assessment instrument transmitted by interruption of the stay, which occurs regulations text at § 412.602 will be date’’. before the discharge date, has no effect addressed in the next section of this 4. On page 41331, in the second on the ‘‘transmitted by date.’’ A correcting amendment. column, line 19, the date ‘‘July 6’’ is corresponding correction to the corrected to read ‘‘July 3’’. regulations text at § 412.618(c) will be Example of Computing a Facility’s 5. On page 41331, second column, addressed in the next section of this Federal Prospective Payment line 20, the date ‘‘July 7’’ is corrected to correcting amendment. The example on page 41367 of the read ‘‘July 6’’ and the date ‘‘July 8’’ is corrected to read ‘‘July 7’’. Definition of a Discharge preamble reflects an incorrect amount ($20,033.81) for the Federal Prospective 6. On page 41331, second column, As stated on page 41331 and Payment amounts associated with CMG line 27, the date ‘‘July 8’’ is corrected to § 412.602 of the final rule, a discharge 0111 (without comorbidities). Inserting read ‘‘July 7’’. of a Medicare patient occurs when—(1) the correct amount from Table 2 of the 7. On page 41331, second column, the patient is formally released; (2) the final rule ($19,071.89), the corrected lines 29 to 30, the date ‘‘July 9’’ is patient stops receiving Medicare- adjusted payment for Facility A will be corrected to read ‘‘July 8’’. covered Part A inpatient rehabilitation $24,133.91 and the corrected adjusted 8. On page 41331, second column, services; or (3) the patient dies in the payment for Facility B will be lines 32 to 33, the date ‘‘July 15, 2002’’ inpatient rehabilitation facility. $24,990.08. In addition, the line after is corrected to read ‘‘July 14, 2002’’. However, in defining a discharge, we the subtotal is incorrectly labeled as 9. On page 41331, third column, line inadvertently failed to account for ‘‘DSH adjustment’’ and should be 7, after the phrase ‘‘(2) the day on which situations where a patient stops labeled ‘‘LIP adjustment’’ to indicate an the patient ceases to receive Medicare- receiving Medicare-covered Part A adjustment for low-income patients as covered Part A inpatient rehabilitation inpatient rehabilitation services, but referred to throughout the final rule. services’’, add the phrase, ‘‘unless the meets the condition, under § 424.13(b), patient qualifies for continued for continued hospitalization. We also found and corrected other hospitalization under § 424.13(b) of the Specifically, under § 424.13(b), a typographical errors. regulations’’. physician may certify or recertify the Correction of Errors in the Preamble of 10. On page 41350, third column, line need for continued hospitalization if the the August 7, 2001 Final Rule two, remove the number ‘‘191’’. physician finds that the patient could 11. On page 41367, replace the label receive proper treatment in a skilled 1. On page 41327, third column; third ‘‘DSH Adjustment’’ with ‘‘LIP nursing facility (SNF) but no bed is full paragraph, in line 17 from the Adjustment’’ and replace the values in available in a participating SNF. To bottom of the page, after the word the table labeled ‘‘Examples of account for situations where a patient ‘‘itself’’ add the following text: ‘‘, unless Computing a Facility’s Federal meets the requirement at § 424.13(b) in a patient’s IRF length of stay causes Prospective Payment’’ with the our definition of a discharge, on page these assessment periods to overlap.’’ following:
Facility A Facility B
Federal Prospective Payment ...... $19,971.89 $19,971.89 Labor Share ...... × .72395 × .72395
Labor Portion of Federal Payment ...... $14,458.65 $14,458.65 Wage Index ...... × 0.987 × 1.234
Wage Adjusted Amount ...... $14,270.69 $17,841.97 Non-Labor Amount ...... + 5,513.24 + 5,513.24
Wage Adjusted Federal Payment ...... $19,783.93 $23,355.21 Rural Adjustment ...... × 1.1914 × 1.0000
Subtotal ...... $23,570.57 $23,355.21 LIP Adjustment ...... × 1.0239 × 1.070
Total Adjusted Federal Prospective Payment ...... $24,133.91 $24,990.08
12. On page 41367, first column, Summary of Technical Corrections to inadvertently failed to account for a second paragraph from the bottom, the the Regulations Text of the August 7, patient that stops receiving Medicare- dollar amount of ‘‘$24,208.73’’ is 2001 Final Rule covered Part A inpatient rehabilitation services, but meets the condition, under corrected to read ‘‘$24,133.91’’ and the Definition of a Discharge dollar amount of ‘‘$25,067.56’’ is § 424.13(b), for continued corrected to read ‘‘$24,990.08’’. As stated in the previous section of hospitalization in defining a discharge this correcting amendment, we in § 412.602 of the final rule.
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Specifically, under § 424.13(b), a and data transmission dates for the removed, and the regulations text in physician may certify or recertify the admission and discharge assessments formerly designated paragraph (c)(1) need for continued hospitalization if the are advanced by the same number of becomes paragraph (c), ‘‘Revised physician finds that the patient could calendar days as the length of the assessment schedule.’’ The corrected receive proper treatment in a skilled patient’s interruption in the stay.’’ The text of § 412.618(c) reads, ‘‘If the nursing facility (SNF) but no bed is phrase ‘‘occurs before the admission interruption in the stay occurs during available in a participating SNF. To assessment’’ is incorrect because an the admission assessment time period, account for a patient who meets the interruption of a stay affects the the assessment reference date, requirement at § 424.13(b), we are admission assessment schedule only if completion date, and encoding date for correcting the second definition of a the interruption occurs during, not the admission assessment are advanced discharge on page 41388 under before, the admission assessment time by the same number of calendar days as § 412.602 to read as follows: ‘‘The period. Specifically, an interruption of a the length of the patient’s interruption patient stops receiving Medicare- stay that occurs ‘‘during the admission in the stay.’’ covered Part A inpatient rehabilitation assessment time period’’ results in a Special Payment Provision for services, unless the patient qualifies for shifting of the relevant assessment Interrupted Stays continued hospitalization under schedule dates. We are correcting the § 424.13(b) of this chapter’’. This phrase ‘‘occurs before the admission On page 41356 of the preamble of the correction does not affect the criteria, assessment’’ to read ‘‘occurs during the final rule, we responded to a request to under § 412.610(c)(2)(ii), to determine admission assessment time period’’ to clarify how services during an the discharge assessment reference date. accurately reflect when an interruption interrupted stay would be paid if a in a stay affects the assessment schedule beneficiary is discharged from the IRF to Criteria To Be Classified as an IRF as indicated in our policy described in an acute care hospital. In our response Our clearly stated intention in the the corrected preamble. In addition, the to this comment, we stated that, under preambles of both the November 3, 2000 phrase ‘‘data transmission dates’’ in § 412.624(g), there would be no separate proposed rule (65 FR 66304) and the § 412.618(c)(1) of the final rule is diagnostic related group (DRG) payment final rule, was not to change the existing incorrect because, as discussed earlier to the acute care hospital when the general criteria to be excluded from the in this correcting amendment, an beneficiary is ‘‘discharged and returns acute care hospital prospective payment interruption of a stay does not affect the to the same IRF on the same day’’. system (§ 412.22), or the specific criteria date of transmitting the assessment data. However, § 412.624(g)(1) incorrectly to be classified as an excluded Specifically, the date to transmit states that this provision applies to a rehabilitation hospital or rehabilitation admission and discharge assessment patient with an ‘‘interruption of one day unit (§§ 412.23, 412.25, 412.29, and data together is based solely on the day or less’’. Therefore, in order to conform 412.30) under subpart B of part 412 of that the patient is discharged. Thus, an the regulations text to the policy as the regulation. In § 412.604(b) on page interruption of a stay will not impact stated in the preamble, we are correcting 41388, we inadvertently failed to the data transmission date. We are § 412.624(g)(1) to apply to a patient who include reference to the general correcting § 412.618(c)(1) to remove the is discharged and returns to the same exclusion criteria under § 412.22 as a reference to the ‘‘data transmission IRF on the same day. Additionally, in condition to be paid under the IRF PPS. dates’’ and, thus, conform the our response to this comment, we In this document, we are correcting regulations text to the corrected correctly stated the policy in the § 412.604(b) to state that subject to the preamble. preamble that if a beneficiary receives special payment provisions of Section 412.618(c)(2) of the final rule inpatient acute care hospital services, § 412.22(c), an inpatient rehabilitation states that, ‘‘If the interruption of the the acute care hospital can receive a facility must meet the general criteria of stay occurs after the admission DRG payment if the beneficiary is § 412.22 and the criteria to be classified assessment and before the discharge ‘‘discharged from the IRF and does not as a rehabilitation hospital or assessment, the completion date, return to that IRF by the end of that rehabilitation unit set forth in encoding date, and data transmission same day’’. However, § 412.624(g)(2) in §§ 412.23(b), 412.25, and 412.29 for date for the admission assessment are the final rule incorrectly states that this exclusion from the inpatient hospital advanced by the same number of provision applies to a patient with an prospective payment systems specified calendar days as the length of the ‘‘interruption of more than one day’’. To in § 412.1(a)(1). patient’s interruption in the stay.’’ conform the regulation text to the Under § 412.610(c)(1), the admission correction to § 412.624(g)(1) above and Assessment Process for Interrupted assessment schedule can only be to the policy as stated in the preamble, Stays established after the admission we are correcting § 412.624(g)(2) to We are making several technical assessment time period is known. If an apply to a patient who is discharged and corrections to § 412.618(c), on pages interruption of a stay occurs after the does not return to the same IRF on the 41390 to 41391, which describes the admission assessment time period (and same day. ‘‘Revised assessment schedule’’ when before the discharge assessment), the Waiver of Proposed Rulemaking an interruption of a stay occurs. The admission assessment schedule, which corrections we are making to has already been established, cannot be We ordinarily publish a correcting § 412.618(c) conform the policies revised, contrary to what was amendment of proposed rulemaking in regarding the assessment process for incorrectly indicated in § 412.618(c)(2) the Federal Register to provide a period interrupted stays to those stated in the of the final rule. Since the situation for public comment before the corrected preamble to the regulation specified in § 412.618(c)(2) would never provisions of a correcting amendment text. result in a revised assessment schedule, such as this can take effect. We can Section 412.618(c)(1) of the final rule we are correcting § 412.618 by waive this procedure, however, if we states that, ‘‘If the interruption in the eliminating § 412.618(c)(2). find good cause that a notice and stay occurs before the admission In summary, to conform the comment procedure is impracticable, assessment, the assessment reference regulations text to the policy in the unnecessary, or contrary to the public date, completion dates, encoding dates, corrected preamble, § 412.618(c)(2) is interest and incorporate a statement of
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finding and its reasons in the correcting c. In paragraph (e)(1)(iii), remove the § 412.626 [Amended] amendment issued. ‘‘s’’ from ‘‘practitioners’’. 7. In § 412.626, make the following We find for good cause that it is corrections: § 412.610 [Amended] unnecessary to undertake notice and (a) In paragraph (b)(1), remove the public comment procedures because 4. In § 412.610, in paragraph acronym ‘‘IRF’’ and in its place, add the this correcting amendment does not (c)(2)(ii)(A), remove the abbreviation phrase ‘‘inpatient rehabilitation make any substantive policy changes. ‘‘IRF’’, and in its place, add the phrase facility’’. This document makes technical ‘‘inpatient rehabilitation facility’’. (b) In paragraph (b)(2), in the last corrections and conforming changes to § 412.618 [Amended] sentence, remove the word, ‘‘or’’, and in the August 7, 2001 final rule. Therefore, its place, add the phrase, ‘‘timely or is 5. In § 412.618, revise paragraph (c) to for good cause, we waive notice and otherwise’’. public comment procedures under 5 read as follows: U.S.C. 553(b)(B). § 412.618 Assessment process for PART 413—PRINCIPLES OF List of Subjects interrupted stays. REASONABLE COST * * * * * REIMBURSEMENT; PAYMENT FOR 42 CFR Part 412 (c) If the interruption in the stay END-STAGE RENAL DISEASE SERVICES; Administrative practice and occurs during the admission assessment procedure, Health facilities, Medicare, time period, the assessment reference PROSPECTIVELY DETERMINED Puerto Rico, Reporting and date, completion date, and encoding PAYMENT FOR SKILLED NURSING recordkeeping requirements. date for the admission assessment are FACILITIES advanced by the same number of 42 CFR Part 413 calendar days as the length of the 1. The authority citation for part 413 Health facilities, Kidney diseases, patient’s interruption in the stay. continues to read as follows: Medicare, Puerto Rico, Reporting and Authority: Secs. 1102, 1812(d), 1814(b), recordkeeping requirements. § 412.624 [Amended] 1815, 1833(a), (i) and (n), 1861(v), 1871, Accordingly, 42 CFR chapter IV is 6. In § 412.624, make the following 1881, 1883, and 1886 of the Social Security corrected by making the following corrections: Act (42 U.S.C. 1302, 1395d(d), 1395f(b), correcting amendments: a. In paragraph (a)(1), remove the 1395g, 1395l(a), (i), and (n), 1395x(v), phrase ‘‘under this subchapter’’ and in 1395hh, 1395rr, 1395tt, and 1395ww). PART 412—PROSPECTIVE PAYMENT its place, add the phrase ‘‘of this § 413.1 [Amended] SYSTEMS FOR INPATIENT HOSPITAL subchapter’’. SERVICES b. In paragraph (c)(4), remove the 2. In § 413.1, in paragraph (d)(2)(iv), phrase ‘‘is the product’’ and in its place, after the word ‘‘is’’, add the word 1. The authority citation for part 412 add the phrase ‘‘are the product’’. ‘‘made’’. continues to read as follows: c. In paragraph (e)(4), in the first (Catalog of Federal Domestic Assistance Authority: Secs. 1102 and 1871 of the sentence, remove the ‘‘s’’ from the word Program No. 93.773, Medicare—Hospital Social Security Act (42 U.S.C. 1302 and ‘‘exceeds’’. Insurance) 1395hh). d. Revise paragraph (g)(1) and the Dated: June 26, 2002. § 412.602 [Amended] introductory text of paragraph (g)(2) to Ann Agnew, read as set forth below: 2. In § 412.602, make the following Executive Secretary to the Department. corrections: § 412.624 Methodology for calculating the [FR Doc. 02–16476 Filed 6–28–02; 8:45 am] a. In the introductory text of the Federal prospective payment rates. BILLING CODE 4120–01–P definition of ‘‘Discharge,’’ correct the * * * * * phrase ‘‘a inpatient’’ to read ‘‘an (g) * * * inpatient’’. (1) Patient is discharged and returns FEDERAL EMERGENCY b. In the definition of ‘‘Discharge’’, on the same day. Payment for a patient MANAGEMENT AGENCY paragraph (2) is revised to read as who is discharged and returns to the follows: same inpatient rehabilitation facility on 44 CFR Part 64 § 412.602 Definitions. the same day will be the adjusted Federal prospective payment under [Docket No. FEMA–7787] * * * * * paragraph (e) of this section that is Discharge. *** Suspension of Community Eligibility (2) The patient stops receiving based on the patient assessment data Medicare-covered Part A inpatient specified in § 412.618(a)(1). Payment for AGENCY: Federal Emergency rehabilitation services, unless the a patient who is discharged and returns Management Agency, FEMA. patient qualifies for continued to the same inpatient rehabilitation ACTION: Final rule. hospitalization under § 424.13(b) of this facility on the same day will only be chapter; or made to the inpatient rehabilitation SUMMARY: This rule identifies facility. communities, where the sale of flood * * * * * (2) Patient is discharged and does not insurance has been authorized under § 412.604 [Amended] return by the end of the same day. the National Flood Insurance Program 3. In § 412.604, make the following Payment for a patient who is discharged (NFIP), that are suspended on the corrections: and does not return on the same day but effective dates listed within this rule a. In paragraph (b), add the phrase does return to the same inpatient because of noncompliance with the ‘‘general criteria set forth in § 412.22 rehabilitation facility by or on midnight floodplain management requirements of and the’’ before the word ‘‘criteria’’. of the third day, defined as an the program. If the Federal Emergency b. In paragraph (e)(1)(i), remove the interrupted stay under § 412.602, will Management Agency (FEMA) receives closed parentheses after the word be— documentation that the community has ‘‘basis’’. * * * * * adopted the required floodplain
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management measures prior to the the communities will be published in Flood Insurance Act of 1968, as effective suspension date given in this the Federal Register. amended, 42 U.S.C. 4022, prohibits rule, the suspension will be withdrawn In addition, the Federal Emergency flood insurance coverage unless an by publication in the Federal Register. Management Agency has identified the appropriate public body adopts EFFECTIVE DATES: The effective date of special flood hazard areas in these adequate floodplain management each community’s suspension is the communities by publishing a Flood measures with effective enforcement third date (‘‘Susp.’’) listed in the third Insurance Rate Map (FIRM). The date of measures. The communities listed no column of the following tables. the FIRM if one has been published, is longer comply with the statutory indicated in the fourth column of the requirements, and after the effective ADDRESSES: If you wish to determine date, flood insurance will no longer be whether a particular community was table. No direct Federal financial available in the communities unless suspended on the suspension date, assistance (except assistance pursuant to they take remedial action. contact the appropriate FEMA Regional the Robert T. Stafford Disaster Relief and Emergency Assistance Act not in Office or the NFIP servicing contractor. Regulatory Classification connection with a flood) may legally be FOR FURTHER INFORMATION CONTACT: provided for construction or acquisition This final rule is not a significant Edward Pasterick, Division Director, of buildings in the identified special regulatory action under the criteria of Program Marketing and Partnership flood hazard area of communities not section 3(f) of Executive Order 12866 of Division, Federal Insurance participating in the NFIP and identified September 30, 1993, Regulatory Administration and Mitigation for more than a year, on the Federal Planning and Review, 58 FR 51735. Directorate, 500 C Street, SW.; Room Emergency Management Agency’s Paperwork Reduction Act 411, Washington, DC 20472, (202) 646– initial flood insurance map of the 3098. community as having flood-prone areas This rule does not involve any SUPPLEMENTARY INFORMATION: The NFIP (section 202(a) of the Flood Disaster collection of information for purposes of enables property owners to purchase Protection Act of 1973, 42 U.S.C. the Paperwork Reduction Act, 44 U.S.C. flood insurance which is generally not 4106(a), as amended). This prohibition 3501 et seq. otherwise available. In return, against certain types of Federal Executive Order 12612, Federalism communities agree to adopt and assistance becomes effective for the administer local floodplain management communities listed on the date shown This rule involves no policies that aimed at protecting lives and new in the last column. The Associate have federalism implications under construction from future flooding. Director finds that notice and public Executive Order 12612, Federalism, Section 1315 of the National Flood comment under 5 U.S.C. 553(b) are October 26, 1987, 3 CFR, 1987 Comp.; Insurance Act of 1968, as amended, 42 impracticable and unnecessary because p. 252. U.S.C. 4022, prohibits flood insurance communities listed in this final rule Executive Order 12778, Civil Justice coverage as authorized under the have been adequately notified. Reform National Flood Insurance Program, 42 Each community receives a 6-month, This rule meets the applicable U.S.C. 4001 et seq.; unless an 90-day, and 30-day notification standards of section 2(b)(2) of Executive appropriate public body adopts addressed to the Chief Executive Officer Order 12778, October 25, 1991, 56 FR adequate floodplain management that the community will be suspended 55195, 3 CFR, 1991 Comp.; p. 309. measures with effective enforcement unless the required floodplain measures. The communities listed in management measures are met prior to List of Subjects in 44 CFR Part 64 this document no longer meet that the effective suspension date. Since Flood insurance, Floodplains. statutory requirement for compliance these notifications have been made, this with program regulations, 44 CFR part final rule may take effect within less Accordingly, 44 CFR part 64 is 59 et seq. Accordingly, the communities than 30 days. amended as follows: will be suspended on the effective date in the third column. As of that date, National Environmental Policy Act PART 64—[AMENDED] flood insurance will no longer be This rule is categorically excluded 1. The authority citation for Part 64 available in the community. However, from the requirements of 44 CFR part continues to read as follows: some of these communities may adopt 10, Environmental Considerations. No Authority: 42 U.S.C. 4001 et seq.; and submit the required documentation environmental impact assessment has Reorganization Plan No. 3 of 1978, 3 CFR, of legally enforceable floodplain been prepared. 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, management measures after this rule is 3 CFR, 1979 Comp.; p. 376. published but prior to the actual Regulatory Flexibility Act suspension date. These communities The Associate Director has § 64.6 [Amended] will not be suspended and will continue determined that this rule is exempt from 2. The tables published under the their eligibility for the sale of insurance. the requirements of the Regulatory authority of § 64.6 are amended as A notice withdrawing the suspension of Flexibility Act because the National follows:
Date certain Federal assist- Community Effective date authorization/cancellation of Current effective ance no longer State and location No. sale of flood insurance in community map date available in spe- cial flood hazard areas
Region IX California: LaMesa, City of, San Diego County ...... 060292 July 24, 1974, Emerg.; June 26, 1976, Reg. 7/2/02 ...... 7/2/02. July 2, 2002.
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Date certain Federal assist- Community Effective date authorization/cancellation of Current effective ance no longer State and location No. sale of flood insurance in community map date available in spe- cial flood hazard areas
Lemon Grove, City of, San Diego 060723 November 14, 1997, Reg. July 2, 2002 ...... do ...... Do. County.. San Diego, City of, San Diego County 060284 January 29, 1971, Emerg.; August 15, .....do ...... Do. 1983, Reg. July 2, 2002. San Diego County Unincorporated 060284 March, 5, 1971, Emerg.; June 15, 1984, .....do ...... Do. Areas. Reg. July 2, 2002. Region I New Hampshire: Nashua, City of, 330097 February 6, 1975, Emerg.; June 15, 1979, 7/3/02 ...... 7/3/02. Hillsborough County. Reg. July 3, 2002. Region IV Florida: Mount Dora, City of, Lake County ... 120137 February 3, 1975, Emerg.; April 5, 1988, .....do ...... Do. Reg. July 3, 2002. Region I Vermont: Hardwick, Town/Village of, Cal- 500027 August 9, 1973, Emerg.; June 15, 1984, 7/17/02 ...... 7/17/02. edonia County. Reg. July 17, 2002. Region VII Kansas: Winfield, City of, Cowley County .... 200071 May 30, 1974, Emerg.; March 16, 1981, .....do ...... Do. Reg. July 17, 2002. Missouri: El Dorado, City of, Cedar County ...... 290072 July 3, 1975, Emerg.; April 15, 1986 Reg...... do ...... Do. July 17, 2002. Everton, City of, Dade County ...... 290589 August 13, 1976, Emerg.; August 1, 1986, .....do ...... Do. Reg. July 17, 2002. Marshfield, City of, Webster County ..... 290685 June 13, 1975, Emerg.; September 10, .....do ...... Do. 1984, Reg. July 17, 2002. Rogersville, City of, Webster County .... 290658 January 16, 1976, Emerg.; March 30, 1981, .....do ...... Do. Reg. July 17, 2002. Region VIII Utah: Lehi, City of, Utah County ...... 490209 October 18, 1974, Emerg.; September 14, .....do ...... Do. 1979, Reg. July 17, 2002. Sarasota Springs, City of, Utah County 490250 May 10, 1999, Reg. July 17, 2002 ...... do ...... Do. Utah County, Unincorporated Areas ..... 495517 November 21, 1971, Emerg.; October 15, .....do ...... Do. 1982, Reg. July 17, 2002. Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.
Dated: June 20, 2002. FEDERAL COMMUNICATIONS order modifying the Commission’s rules Robert F. Shea, COMMISSION for providing high-cost universal service Acting Administrator, Federal Insurance support to rural telephone companies Administration, and Mitigation 47 CFR Part 36 based on the proposals made by the Administration. [CC Docket No. 96–45; FCC 02–171] Rural Task Force by amending its rules [FR Doc. 02–16424 Filed 6–28–02; 8:45 am] to provide that the amount of high-cost loop support available to rural carriers BILLING CODE 6718–05–P Federal-State Joint Board on Universal Service; Multi-Association Group in 2002 should be adjusted to account (MAG) Plan for Regulation of Interstate for mid-2001 implementation of the Services of Non-Price Cap Incumbent rules adopted in the Rural Task Force Local Exchange Carriers and Order. Interexchange Carriers; Petitions for DATES: Reconsideration Filed by: Coalition of Effective July 31, 2002. Rural Telephone Companies, FOR FURTHER INFORMATION CONTACT: Competitive Universal Service Sharon Webber, Deputy Chief, Coalition, Illinois Commerce Telecommunications Access Policy Commission, and National Telephone Division, Wireline Competition Bureau, Cooperative Association (202) 418–7400. AGENCY: Federal Communications SUPPLEMENTARY INFORMATION: This is a Commission. summary of a Commission’s Order on ACTION: Final rule. Reconsideration in CC Docket No. 96–45 released on June 13, 2002. The full text SUMMARY: In this document, the of this document is available for public Commission address the requests to inspection during regular business reconsider portions of the Commission’s hours in the FCC Reference Center,
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Room CY–A257, 445 Twelfth Street, 2002 than intended by the Commission locations in order to determine the SW., Washington, DC, 20554. in adopting the Rural Task Force plan. support amounts for the competitive This result would be compounded over carrier. We find no new arguments in I. Introduction five years. RTC’s petition that persuade us to 1. In this Order on Reconsideration, 4. We therefore amend § 36.603(a) of reconsider the Commission’s decision we address the requests to reconsider our rules by taking the uncapped on this issue. portions of the Commission’s order support for 2000 and increasing it for 7. We affirm that the use of the modifying the Commission’s rules for 2001 and 2002 by the rural growth customer’s billing address as a surrogate providing high-cost universal service factor. Specifically, for the period of for actual service location is reasonable support to rural telephone companies January 1, 2002, to December 31, 2002, and the most administratively viable based on the proposals made by the the annual amount of the rural solution to this problem at this time. For Rural Task Force. Specifically, we incumbent local exchange carrier example, as the Commission noted in amend our rules to provide that the portion of the nationwide loop cost the RTF Order, this approach eliminates amount of high-cost loop support expense adjustment shall not exceed the the need to require many wireless available to rural carriers in 2002 should non-capped amount of the total rural mobile carriers to create a new database be adjusted to account for mid-2001 incumbent local exchange carrier loop for purposes of universal service implementation of the rules adopted in cost expense adjustment for calendar funding. The Commission addressed the RTF Order, 66 FR 30080, June 5, year 2000, multiplied times one plus the concerns similar to those raised in 2001. In addition, we deny requests rural growth factor for 2001, which then RTC’s petition in the RTF Order, filed by the Coalition of Rural shall be multiplied times one plus the including the potential for arbitrage Telephone Companies, Competitive rural growth factor for 2002. We believe opportunities of the universal service Universal Service Coalition, and Illinois this result is consistent with the mechanism. In so doing, the Commerce Commission to reconsider Commission’s intent in adopting the Commission acknowledged that this certain elements of the RTF Order. We recommendations of the Rural Task approach is not a perfect solution. conclude that these petitioners have Force. We direct USAC to take the Consistent with the Commission’s failed to present any new arguments administrative steps necessary to conclusion in the RTF Order, we believe that lead us to reconsider these issues. implement this rule amendment that sufficient safeguards are in place to beginning in the third quarter of 2002, alleviate those concerns. The II. Discussion including the provision of retroactive Commission has specifically committed 2. As discussed in greater detail support to any carrier that may qualify to taking enforcement action as below, we amend our rules to provide for such additional support as of appropriate for any such abuses. that the amount of high-cost loop January 1, 2002. Specifically, in Moreover, the Commission has support available to rural carriers in addition to any other payments for indicated that it will continue to 2002 should be adjusted to account for which carriers qualify in the third monitor the reasonableness of using a mid-2001 implementation of the rules quarter 2002, we further direct USAC to customer’s billing address as the adopted in the RTF Order. In addition, provide the additional rural high-cost surrogate for a wireless mobile we deny the requests of RTC, CUSC, and support retroactively in third quarter customer’s location for universal service Illinois Commission to reconsider other 2002 to those carriers that qualify for purposes and may revisit this approach elements of the RTF Order. As part of such additional support pursuant to this in the future. our continuing assessment of support to rule amendment during first quarter 8. RTC contends that the rural areas, we intend to initiate a 2002. Similarly, in addition to any other Commission’s universal service rules proceeding in the future to examine payments for which carriers qualify in are generally incompatible for further issues related to the application the fourth quarter 2002, USAC shall calculating universal service support for of the universal service mechanisms to provide the additional rural high-cost wireless carriers. RTC effectively asks competitive ETCs. support retroactively in fourth quarter the Commission to modify certain of the 3. NTCA Petition. We agree with 2002 for those carriers that qualify for universal service rules as they apply to NTCA that the Commission’s rules for such additional support during second wireless carriers and to initiate new calculating a rural incumbent carrier’s quarter 2002. proceedings to establish a cost loop cost expense adjustment should be 5. We do not address NTCA’s request mechanism for wireless carriers. These amended to take into consideration mid- at this time to amend our rules to requests exceed the scope of the RTF year 2001 implementation of the provide ‘‘safety valve’’ support for the Order. Many of the rules for which RTC adopted plan. The Commission based its first year of investment in acquired seeks modification were adopted prior estimate of the increase in rural carrier exchanges. The Commission intends to to the RTF Order and this order is universal service funding on data address this request at a later date. limited to those issues raised on submitted by the Rural Task Force. This 6. RTC Petition. We deny the request reconsideration of the RTF Order. RTC’s data assumed that the adopted plan of RTC to reconsider the Commission’s petition is therefore more appropriately would be implemented as of January 1, determination to use a wireless mobile characterized as a request for 2001. As NTCA notes, due to July 1, customer’s billing address as the basis rulemaking. As part of our continuing 2001 implementation of the Rural Task for determining the customer’s location assessment of support to rural areas, we Force plan, application of § 36.603(a) for purposes of delivering high-cost intend to initiate a proceeding in the would result in 2002 support for rural universal service support. Because future to examine further issues related carriers being calculated by adding the universal service support is portable, to the application of universal service totals for the first half of 2001, during competitive ETCs receive the same per- mechanisms to competitive ETCs. which the plan was not in effect, and line high-cost support as the incumbent 9. CUSC Petition. We deny the request the second half of 2001, during which local exchange carrier for the lines that of CUSC to reconsider the requirement the plan was in effect. We agree with it serves in the high-cost areas of the adopted in the RTF Order that state NTCA that mid-year 2001 incumbent local exchange carrier. It is commissions must file annual implementation will result in less therefore necessary to establish a certifications with the Commission to support for eligible rural carriers in reasonable means to identify customer ensure that carriers use universal
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service support ‘‘only for the provision, principle of competitive neutrality to the geographic boundaries of wire maintenance and upgrading of facilities because they allow only rural centers and study areas and the amount and services for which the support is incumbent carriers to select from a of support available in each geographic intended.’’ We therefore deny CUSC’s range of disaggregation options. location. In the RTF Order, the request to permit all competitive ETCs Specifically, CUSC contends that Commission required rural incumbent to self-certify their compliance with competitive ETCs should have the same local exchange carriers to submit to section 254(e). Specifically, we disagree opportunity to initiate study area USAC maps in which the boundaries of with CUSC’s contention that self- disaggregation as the rural carrier. We the designated disaggregation zones of certification should be extended from find that the disaggregation and support are clearly specified, which carriers that are not subject to state targeting approach adopted in the RTF USAC will make available for public jurisdiction pursuant to section Order achieves a reasonable balance inspection. In addition, when 214(e)(6) to all competitive ETCs due to between rural carriers’ need for submitting information in support of the fact that competitive ETCs may not flexibility and the goal of encouraging self-certification, an incumbent carrier be subject to state rate regulation. The competitive entry. The Commission must provide USAC with publicly self-certification process established for recognized in the RTF Order that some available information that allows carriers not subject to the jurisdiction of incumbent carriers may choose a competitors to verify and reproduce the a state commission recognized that, in disaggregation path based on anti- algorithm used to determine zone limited instances, there is no state competitive reasons. For that reason, the support levels. We also note that USAC regulatory authority to ensure Commission concluded that a state makes publicly available in its quarterly compliance with section 254(e). This is commission may require, on its own funding report detailed information not the case for the majority of motion, upon petition by an interested relating to the high-cost support competitive ETCs. The Commission has party, or upon petition by the rural received by carriers in each study area. previously concluded that state incumbent carrier, modification to the We recognize that the availability of commissions have the principal disaggregation and targeting of support such information is important to responsibility in designating carriers as under the selected path. We affirm the competitors in assessing potential entry. ETCs, including those carriers not Commission’s conclusion that state We believe that sufficient information is subject to state rate regulation under commissions have the capability to available to competitors under our section 332(c). We believe that state safeguard against anti-competitive existing rules and policies and will commissions that conduct ETC manipulation of the disaggregation and continue to be available following designations should also certify that targeting of support that could occur requests for disaggregation of study such carriers are in compliance with with such requests. Competitive ETCs areas by rural incumbent carriers. The section 254(e). It would be contrary to and other interested parties will have an Commission will, however, continue to the principle of competitive neutrality opportunity to participate in this monitor this situation and take to require certain classes of carriers process. We therefore find no basis to appropriate steps as necessary. subject to state ETC jurisdiction to conclude that the disaggregation process 14. Illinois Commission Petition. We receive state certification while allowing is inconsistent with the principle of deny the request of the Illinois others to self-certify. Nor do we agree competitive neutrality. Commission to reconsider the plan with CUSC’s alternative suggestion that 12. We also decline to adopt CUSC’s adopted in the RTF Order for providing all ETCs be allowed to self-certify request that the Commission adopt high-cost universal service support to compliance with section 254(e). As the specific rules governing how the rural carriers for the next five years due Commission concluded in adopting this amounts of support in each sub-zone to concerns relating to the sufficiency of requirement, we believe that the state under Path Three (self-certification) are the evidentiary record. Specifically, we certification process provides the most to be calculated in order to ensure disagree with the Illinois Commission reliable means of determining whether support amounts are cost justified. We that the funding increases adopted in carriers are using support in a manner reaffirm the Commission’s prior the RTF Order are excessive and not consistent with section 254(e). decision to permit carriers flexibility in based upon an adequate record. 10. We also deny the request of CUSC how they disaggregate support. We are 15. Based upon the extensive record to reconsider the Commission’s not persuaded on the record before us developed in this proceeding, the decisions regarding disaggregation and that permitting carriers to self-certify to Commission used its expertise and targeting of universal service support. a disaggregation path creates too great informed judgment to formulate an We disagree with CUSC’s suggestion an opportunity for the incumbent carrier interim plan for providing high-cost that, whenever a rural incumbent carrier to manipulate support in an anti- universal service support to rural study area is disaggregated for purposes competitive manner. A self-certified carriers. That plan was based largely on of targeting funding, the study area disaggregation plan under Path 3 is the recommendations of the Rural Task should automatically be disaggregated subject to complaint by interested Force. After exhaustive deliberations for purposes of ETC designation as well. parties before the appropriate regulatory and considerable effort, including six In the case of an area served by a rural authority. Moreover, the state or white papers, the Rural Task Force telephone company, section 214(e)(5) appropriate regulatory authority may submitted its Recommendation to the defines the competitive ETC’s require on its own motion at any time Joint Board on September 29, 2000. designated service area as the rural the disaggregation of support in a After reviewing the Rural Task Force’s telephone company’s study area unless different manner. We believe such proposal, the Joint Board submitted its and until the Commission and states regulatory oversight will sufficiently recommendations to the Commission on establish a different definition of service safeguard against the anti-competitive December 22, 2000. The Commission area. We believe that granting CUSC’s manipulation of the disaggregation and carefully reviewed these request in this proceeding would be targeting of support. recommendations, including comments inconsistent with the statute. 13. Finally, at this time, we decline to filed by the Illinois Commission and 11. We also disagree with CUSC’s adopt CUSC’s request that USAC others, in adopting the interim plan for assertion that the disaggregation rules publish and make available on its rural carriers. In balancing the adopted in the RTF Order violate the website additional information relating competing interests presented in this
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proceeding, the Commission considered III. Procedural Matters 3. Description and Estimate of the Number of Small Entities to Which This both the adequacy of support to rural A. Paperwork Reduction Act carriers and the burden on contributors. Order Will Apply 18. The action contained herein has In concluding that the modified 22. In the FRFA at paragraphs 218– been analyzed with respect to the embedded mechanism for rural carriers 229 of the RTF Order, we described and Paperwork Reduction Act of 1995 (PRA) strikes an appropriate balance, the estimated the number of small entities and found to impose no new or Commission rejected the contention that that would be affected by the new modified reporting and/or no increase in the current high-cost universal service rules for rural carriers. recordkeeping requirements or burdens support levels was warranted. The rule amendment adopted herein on the public. 16. We affirm the Commission’s may apply to the same entities affected conclusion that it was reasonable to B. Supplemental Final Regulatory by the rules adopted in that order. We therefore incorporate by reference modify the high-cost loop support levels Flexibility Analysis paragraphs 218–229 of the RTF Order. for rural carriers established in 1997 to 19. In compliance with the Regulatory account for changes in costs and Flexibility Act (RFA), this Supplemental 4. Description of Projected Reporting, technology, and to ensure that rural Final Regulatory Flexibility Analysis Recordkeeping, and Other Compliance carriers can maintain existing facilities (SFRFA) supplements the Final Requirements until such time as a long-term plan is Regulatory Flexibility Analysis (FRFA) 23. The rule amendment adopted in adopted. For example, the included in the RTF Order, to the extent this Order contains no new reporting, Commission’s decision to increase high- that changes to that Order adopted here recordkeeping, or other compliance cost loop support to rural carriers by on reconsideration require changes in requirements. the conclusions reached in the FRFA. ‘‘rebasing’’ the indexed fund cap and As required by the RFA, the FRFA was 5. Steps Taken To Minimize the the corporate operations expense preceded by an Initial Regulatory Significant Economic Impact on Small limitation as if the indexed cap had not Flexibility Analysis (IRFA) incorporated Entities, and Significant Alternatives been in effect for the calendar year 2000 in the Further Notice of Proposed Considered was reasonable because more than seven Rulemaking, which sought public 24. In the RTF Order, we described years had passed since the Commission comment on the proposals in the the steps taken to minimize the originally implemented the indexed cap Further Notice. significant economic impact on small on high-cost loop support. The 1. Need for, and Objective of, the Order entities consistent with the stated Commission concluded that the indexed objectives associated with the adopted cap on the high-cost loop fund 20. Section 254 of the plan for providing high-cost support to increasingly limited the amount of high- Communications Act of 1934, as rural carriers. Because many of the same cost loop support for rural carriers. In amended by the 1996 Act, requires the issues are presented in this Order, we addition, the Commission noted that, Commission to promulgate rules to incorporate by reference paragraphs even with these changes any increase in preserve and advance universal service 233–235 of the RTF Order. In this Order, the universal service contribution factor support. In the RTF Order, the we amend § 36.603(a) of our rules as a result of this plan would be modest. Commission adopted interim rules for consistent with the intent of the In the RTF Order, the Commission determining high-cost universal service Commission in adopting the Rural Task concluded that no commenter proffered support for rural telephone companies Force plan for providing high-cost any specific evidence that the adopted based upon the modified embedded cost universal service support to rural plan would provide support that is mechanism proposed by the Rural Task carriers for an interim period of five Force. The Commission based its excessive. The Illinois Commission years. That plan was predicated on estimate of the appropriate funding for petition contains no such empirical funding estimates for rural incumbent rural carriers on data submitted by the evidence to support this contention. We carriers based on January 1, 2001 Rural Task Force. This data assumed implementation. The adopted rule, therefore decline to now reconsider the that the adopted plan would be however, established July 1, 2001, as the Commission’s conclusions. implemented as of January 1, 2001. In implementation date. The rule 17. We also decline to reconsider the this Order, we amend § 36.603(a) of our amendment adopted herein rectifies this state certification requirement to ensure rules to reflect the fact that July 1, 2001 inconsistency, and thereby ensures that that carriers are using support in a implementation of the rules, as adopted appropriate funding is provided to rural manner consistent with section 254(e). in the RTF Order, would result in less incumbent local exchange carriers and As discussed, we do not agree with the support being provided than intended competitive ETCs, many of whom may Illinois Commission that excessive by the Commission. qualify as small entities, over the next funding is provided to rural carriers. We 2. Summary of Significant Issues Raised five years. As discussed, the alternative therefore are not persuaded by the by Public Comments in Response to the option of denying the request for reconsideration on this issue was argument that any such state IRFA certification requirement is unworkable considered and deemed to be 21. No comments were submitted in due to excessive funding for universal inconsistent with Commission’s intent response to the IRFA or FRFA. On in adopting the Rural Task Force’s plan. service purposes. Given that states reconsideration, however, NTCA noted generally have primary authority over that clarification of the § 36.603(a) of the 6. Report to Congress carriers’ intrastate activities, we reiterate Commission’s rules was required to 25. The Commission will send a copy the Commission’s determination that ensure that mid-year 2001 of this Order, including this the state certification process provides implementation did not result in less Supplemental FRFA, in a report to be the most reliable means of determining support being provided for rural sent to Congress pursuant to the whether carriers are using support for incumbent carriers in 2002 than Congressional Review Act, see 5 U.S.C. its intended purpose in a manner intended by the Commission in 801(a)(1)(A). In addition, the consistent with section 254(e). adopting the Rural Task Force plan. Commission will send a copy of this
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Order, including the Supplemental portion of the annual nationwide loop delegations of authority, and succession FRFA, to the Chief Counsel for cost expense adjustment will be to Administrator. The amendments Advocacy of the Small Business recomputed by the fund administrator effectuate organizational changes that Administration. A copy of the Order as if the indexed cap calculated will enable NHTSA to achieve its and Supplemental FRFA (or summaries pursuant to § 36.601(c) and the mission more effectively and efficiently. thereof) will also be published in the corporate operations expense limitation EFFECTIVE DATES: The amendments are Federal Register. See 5 U.S.C. 604(b). calculated pursuant to § 36.621 had not effective July 1, 2002, except for the IV. Ordering Clauses been in effect for the calendar year 2000. amendments set forth in amendatory For the period July 1, 2001, to December instructions 5, 6, and 7, which are 26. It is ordered that, pursuant to the 31, 2001, the annualized amount of the effective October 3, 2002. authority contained in sections 1–4, rural incumbent local exchange carrier FOR FURTHER INFORMATION CONTACT: You 214, and 254 of the Communications portion of the nationwide loop cost Act of 1934, as amended, 47 U.S.C 151– may contact John Womack at 202–366– expense adjustment calculated pursuant 9511. 154, 214, and 254, and § 1.429 of the to this subpart F shall not exceed the SUPPLEMENTARY INFORMATION: This final Commission’s rules, the above non-capped amount of the total rural rule amends the regulations on the captioned petitions for reconsideration incumbent local exchange carrier loop organization, delegation of powers and are denied, to the extent discussed cost expense adjustment for the duties within the National Highway herein. calendar year 2000, multiplied times Traffic Safety Administration (NHTSA), 27. The petition for reconsideration one plus the Rural Growth Factor and amends the succession to the filed by National Telephone Cooperative calculated pursuant to § 36.604. For the Administrator to conform to the new Association on July 5, 2001 is granted in period January 1, 2002, to December 31, organizational structure. This final rule part, to the extent discussed herein. 2002, the annual amount of the rural 28. Part 36 of the Commission’s rules, amends NHTSA’s organizational incumbent local exchange carrier 47 CFR part 36, is amended as set forth, structure to enable NHTSA to achieve portion of the nationwide loop cost effective July 31, 2002. its mission more effectively and expense adjustment calculated pursuant 29. The Commission’s Consumer and efficiently. to this subpart F shall not exceed the Governmental Affairs Bureau, Reference These amendments relate solely to non-capped amount of the total rural Information Center, shall send a copy of changes in the organizational structure incumbent local exchange carrier loop this Order, including the Final and the placement of the delegations of cost expense adjustment for calendar Regulatory Flexibility Analysis, to the authority for various functions within year 2000, multiplied times one plus the Chief Counsel for Advocacy of the Small the agency. They have no substantive Rural Growth Factor for 2001, which Business Administration. effect. Notice and the opportunity for then shall be multiplied times one plus comment are therefore not required List of Subjects in 47 CFR Part 36 the Rural Growth Factor for 2002. under the Administrative Procedure Beginning January 1, 2003, the annual Communications common carriers, Act, and the amendments are effective amount of the rural incumbent local Reporting and recordkeeping immediately upon publication in the exchange carrier portion of the requirements, Telephone. Federal Register. In addition, these nationwide loop cost expense amendments are not subject to Federal Communications Commission. adjustment calculated pursuant to this Executive Order 12866, the Department Marlene H. Dortch, subpart F shall not exceed the amount of Transportation’s regulatory policies Secretary. of the total rural incumbent local and procedures, or the provisions for exchange carrier loop cost expense Rules Changes Congressional review of final rules in adjustment for the immediately Chapter 8 of Title 5, United States Code. For the reasons discussed in the preceding calendar year, multiplied preamble, the Federal Communications times one plus the Rural Growth Factor List of Subjects in 49 CFR Part 501 Commission amends 47 CFR part 36 as calculated pursuant to § 36.604. Authority delegations (Government follows: * * * * * agencies), Organization and functions PART 36—JURISDICTIONAL [FR Doc. 02–16444 Filed 6–28–02; 8:45 am] (Government agencies). SEPARATIONS PROCEDURES; BILLING CODE 6712–01–P In consideration of the foregoing, 49 STANDARD PROCEDURES FOR CFR part 501 is amended as follows: SEPARATING TELECOMMUNICATIONS PROPERTY DEPARTMENT OF TRANSPORTATION PART 501—[AMENDED] COSTS, REVENUES, EXPENSES, 1. The authority citation for part 501 TAXES AND RESERVES FOR National Highway Traffic Safety continues to read as follows: TELECOMMUNICATIONS COMPANIES Administration Authority: 49 U.S.C. 105 and 322; 1. The authority citation for part 36 49 CFR Part 501 delegation of authority at 49 CFR 1.50. continues to read as follows: [Docket No. NHTSA 02–12526; Notice 1] Amendments Effective July 1, 2002 Authority: 47 U.S.C. 151, 154(i) and (j), 205, 221(c), 254, 403 and 410, unless 2. Section 501.3 is amended as otherwise noted. Reorganization and Delegations of Authority follows: 2. Section 36.603 is amended by a. Revise paragraph (a)(3); revising paragraph (a) to read as follows: AGENCY: National Highway Traffic b. Remove paragraphs (a)(4) and Safety Administration (NHTSA), (a)(6); § 36.603 Calculation of rural incumbent Department of Transportation (DOT). c. Redesignate paragraphs (a)(5) and local exchange carrier portion of nationwide ACTION: Final rule. (a)(7) as new paragraphs (a)(4) and loop cost expense adjustment. (a)(5), respectively; (a) Effective July 1, 2001, the rural SUMMARY: This document amends d. Add new paragraph (a)(6); and incumbent local exchange carrier NHTSA’s organizational structure, e. Revise paragraph (c).
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The revisions and additions read as 3. Section 501.4, Succession to is delegated authority to develop and follows: Administrator, is revised to read as conduct research and development follows: programs and projects necessary to § 501.3. Organization and general support the purposes of Chapters 301, responsibilities. § 501.4 Succession to Administrator. 323, 325, 327, 329, and 331 of title 49, * * * * * The following officials, in the order United States Code, and Chapter 4 of (a) * * * indicated, shall act in accordance with title 23, United States Code, as (3) Executive Director. As the the requirements of 5 U.S.C. 3346–3349 amended, in coordination with the principal advisor to the Administrator as Administrator of the National Senior Associate Administrator for and Deputy Administrator, provides Highway Traffic Safety Administration, Vehicle Safety and the Chief Counsel. direction on internal management and in the case of the absence or disability The Senior Associate Administrator for mission support programs. Provides or in the case of a vacancy in the office Policy and Operations is also delegated executive direction over the Senior of the Administrator, until a successor authority to exercise procurement Associate Administrators. is appointed: authority with respect to NHTSA * * * * * (a) Deputy Administrator; requirements; administer and conduct (6) Director, Intergovernmental (b) Executive Director; NHTSA’s personnel management (c) Chief Counsel; Affairs. As the principal advisor to the (d) Senior Associate Administrator for activities; administer NHTSA financial Administrator and Deputy Policy and Operations; management programs, including Administrator on all intergovernmental (e) Senior Associate Administrator for systems of funds control and accounts matters, including communications Vehicle Safety; and of all financial transactions; and with Congress, communicates agency (f) Senior Associate Administrator for conduct administrative management policy and coordinates with the Chief Traffic Injury Control. services in support of NHTSA missions Counsel on legislative issues affecting 4. Section 501.8, Delegations, is and programs. the agency. amended by revising paragraphs (b), (e), (f) Senior Associate Administrator for * * * * * (f), and (g), by removing paragraphs (h) Vehicle Safety. The Senior Associate (c) Senior Associate Administrators— through (k), and by redesignating Administrator for Vehicle Safety is (1) Senior Associate Administrator for paragraph (l) as new paragraph (h), to delegated authority for executive Policy and Operations. As the principal read as follows: direction of the Associate Administrator advisor to the Administrator and Deputy for Rulemaking, the Associate Administrator with regard to core § 501.8 Delegations. Administrator for Enforcement and the administrative and support services, * * * * * Associate Administrator for Applied provides direction and internal (b) Executive Director. The Executive Research. The Senior Associate management and mission support for Director is delegated line authority for Administrator for Vehicle Safety such activities. Provides executive executive direction over the Senior exercises executive direction with direction over the Associate Associate Administrators. respect to the setting of standards and Administrator for Advanced Research * * * * * regulations for motor vehicle safety, fuel and Analysis, the Associate (e) Senior Associate Administrator for economy, theft prevention, consumer Administrator for Administration, the Policy and Operations. The Senior information, and odometer fraud. To Associate Administrator for Planning, Associate Administrator for Policy and carry out this direction, the Senior Evaluation and Budget, the Chief operations is delegated authority for Associate Administrator for Vehicle Information Officer and the Office of executive direction of the Associate Safety is delegated authority, except for Communications and Consumer Administrator for Advanced Research authority reserved to the Administrator Information. and Analysis; the Associate or the Chief Counsel, to exercise the (2) Senior Associate Administrator for Administrator for Administration; the powers and perform the duties of the Vehicle Safety. As the principal advisor Associate Administrator for Planning, Administrator with respect to the setting to the Administrator and Deputy Evaluation, and Budget; the Chief of motor vehicle safety and theft Administrator with regard to Information Officer; and the Director of prevention standards, average fuel rulemaking, enforcement and applied Communications and Consumer economy standards, procedural research, provides direction and Information. To carry out this direction, regulations, and the development of internal management and mission the Senior Associate Administrator for consumer information and odometer support for such activities. Provides Policy and Operations is delegated fraud regulations authorized under executive direction over the Associate authority, except for authority reserved Chapters 301, 323, 325, 327, 329, and Administrator for Rulemaking, the to the Administrator, to direct the 331 of title 49, United States Code. Associate Administrator for NHTSA planning and evaluation system Except for authority reserved to the Enforcement, and the Associate in conjunction with Departmental Senior Associate Administrator for Administrator for Applied Research. requirement and planning goals; to Policy and Operations, the Senior (3) Senior Associate Administrator for coordinate the development of the Associate Administrator for Vehicle Traffic Injury Control. As the principal Administrator’s plans, policies, budget, Safety is delegated authority to develop advisor to the Administrator and Deputy and programs, and analyses of their and conduct research and development Administrator with regard to programs expected impact, and their evaluation in programs and projects necessary to to reduce traffic injury, provides terms of the degree of goal achievement; support the purposes of Chapters 301, direction and internal management and and to perform independent analyses of 323, 325, 327, 329, and 331 of title 49, mission support for such activities. proposed Administration regulatory, United States Code, and Chapter 4 of Provides executive direction over the grant, legislative, and program activities. title 23, United States Code, as Associate Administrator for Program Except for authority reserved to the amended, in coordination with the Development and Delivery and the Senior Associate Administrator for appropriate Associate Administrators, Associate Administrator for Injury Vehicle Safety, the Senior Associate and the Chief Counsel. The Senior Control Operations and Resources. Administrator for Policy and Operations Associate Administrator for Vehicle
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Safety is also delegated authority to and community highway safety DEPARTMENT OF TRANSPORTATION respond to a manufacturer’s petition for programs under 23 U.S.C. 402, exemption from 49 U.S.C. Chapter 301’s including approval and disapproval of National Highway Traffic Safety notification and remedy requirements in State highway safety plans and final Administration connection with a defect or vouchers, in accordance with the noncompliance concerning labeling procedural requirements of the 49 CFR Part 541 errors; extend comment periods (both Administration; to approve the [Docket No. NHTSA–2002–12497] self-initiated and in response to a awarding of alcohol incentive grants to petition for extension of time) for the States under 23 U.S.C. 408 and RIN 2127–A174 noncontroversial rulemakings; make drunk driving prevention grants under technical amendments or corrections to Federal Motor Vehicle Theft Prevention 23 U.S.C. 410, for years subsequent to Standard; Final Listing of Model Year a final rule; extend the effective date of the initial awarding of such grants by a noncontroversial final rule; administer 2003 High-Theft Vehicle Lines the Administrator; as appropriate for the NHTSA enforcement program for all activities benefiting states and AGENCY: National Highway Traffic laws, standards, and regulations Safety Administration (NHTSA), pertinent to vehicle safety, fuel communities; and to implement 23 Department of Transportation. economy, theft prevention, U.S.C. 403. damageability, consumer information * * * * * ACTION: Final rule. and odometer fraud, authorized under Amendments Effective October 3, 2002 SUMMARY: This final rule announces Chapters 301, 323, 325, 327, 329, and NHTSA’s determination for model year 331 of title 49, United States Code; issue § 501.3 [Amended] (MY) 2003 high-theft vehicle lines that regulations relating to the importation of are subject to the parts-marking 5. Effective October 3, 2002, § 501.3 is motor vehicles under sections 30141 requirements of the Federal motor amended by removing and reserving through 30147 of title 49, United States vehicle theft prevention standard, and paragraph (a)(3). Code; and grant and deny petitions for high-theft MY 2003 lines that are import eligibility determinations 6. Effective October 3, 2002, § 501.4 is exempted from the parts-marking submitted to NHTSA by motor vehicle revised to read as follows: requirements because the vehicles are manufacturers and registered importers equipped with antitheft devices under 49 U.S.C. 30141. § 501.4 Succession to Administrator. determined to meet certain statutory (g) Senior Associate Administrator for The following officials, in the order criteria pursuant to the statute relating Traffic Injury Control. The Senior indicated, shall act in accordance with to motor vehicle theft prevention. Associate Administrator for Traffic EFFECTIVE DATE: The amendment made Injury Control is delegated authority for the requirements of 5 U.S.C. 3346–3349 as Administrator of the National by this final rule is effective July 1, executive direction of the Associate 2002. Administrator for Program Development Highway Traffic Safety Administration, and Delivery and the Associate in the case of the absence or disability FOR FURTHER INFORMATION CONTACT: Ms. Administrator for Injury Control or in the case of a vacancy in the office Rosalind Proctor, Consumer Programs Operations and Resources. To carry out of the Administrator, until a successor Division, Office of Planning and this direction, the Senior Associate is appointed: Consumer Programs, NHTSA, 400 Administrator for Traffic Injury Control (a) Deputy Administrator; Seventh Street, SW., Washington, DC is delegated authority, except for 20590. Ms. Proctor’s telephone number (b) Chief Counsel; authority reserved to the Administrator, is (202) 366–0846. Her fax number is over programs with respect to: Chapter (c) Senior Associate Administrator for (202) 493–2290. 4 of title 23, United States Code, as Policy and Operations; SUPPLEMENTARY INFORMATION: The Anti amended; the authority vested by (d) Senior Associate Administrator for Car Theft Act of 1992, Pub. L. 102–519, section 210(2) of the Clean Air Act, as Vehicle Safety; and amended the law relating to the parts- amended (42 U.S.C. 7544(2)); the marking of major component parts on (e) Senior Associate Administrator for authority vested by 49 U.S.C. 20134(a), designated high-theft vehicle lines and Traffic Injury Control. with respect to the laws administered by other motor vehicles. The Anti Car Theft the Administrator pertaining to § 501.8 [Amended] Act amended the definition of highway, traffic, and motor vehicle ‘‘passenger motor vehicle’’ in 49 U.S.C. safety; the Act of July 14, 1960, as 7. Effective October 3, 2002, § 501.8 is 33101(10) to include a ‘‘multipurpose amended (23 U.S.C. 313 note) and 49 amended by removing and reserving passenger vehicle or light duty truck U.S.C. Chapter 303; the authority vested paragraph (b). when that vehicle or truck is rated at not by section 157(g) of title 23, United Issued on June 26, 2002. more than 6,000 pounds gross vehicle States Code; the authority vested by weight.’’ Since ‘‘passenger motor sections 153, 154, 157(except paragraph Jeffrey W. Runge, vehicle’’ was previously defined to (g)), 161, 163, and 164 of title 23, United Administrator. include passenger cars only, the effect of States Code, with the concurrence of the [FR Doc. 02–16523 Filed 6–28–02; 8:45 am] the Anti Car Theft Act is that certain Federal Highway Administrator; and BILLING CODE 4910–59–P multipurpose passenger vehicle (MPV) secton 209 of the Surface Transportation and light-duty truck (LDT) lines may be Assistance Act of 1978 (23 U.S.C. 401 determined to be high-theft vehicles note) as delegated by the Secretary in subject to the Federal motor vehicle § 501.2(i). The Senior Associate theft prevention standard (49 CFR part Administrator for Traffic Injury Control 541). is also delegated authority to exercise The purpose of the theft prevention the powers and perform the duties of standard is to reduce the incidence of the Administrator with respect to State motor vehicle theft by facilitating the
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tracing and recovery of parts from stolen 541 that have theft rates below the 1990/ agency to reconsider the preliminary vehicles. The standard seeks to facilitate 1991 median theft rate but are subject to determinations. Within 60 days of the such tracing by requiring that vehicle the requirements of this standard under receipt of these requests, the agency identification numbers (VINs), VIN § 33103. makes its final determination. NHTSA derivative numbers, or other symbols be On August 3, 2001, the final listing of informs the manufacturer by letter of placed on major component vehicle high-theft lines for the MY 2002 vehicle these determinations and its response to parts. The theft prevention standard lines was published in the Federal the request for reconsideration. If there requires motor vehicle manufacturers to Register (66 FR 40622). The final listing is no request for reconsideration, the inscribe or affix VINs onto covered identified four vehicle lines that were agency’s determination becomes final 45 original equipment major component listed for the first time and became days after sending the letter with the parts, and to inscribe or affix a symbol subject to the theft prevention standard preliminary determination. Each of the identifying the manufacturer and a beginning with the 2002 model year. new lines on the high-theft list has been common symbol identifying the For MY 2003, the agency identified the subject of a final determination replacement component parts for those five new vehicle lines that are likely to under either 49 U.S.C. 33103 or 33104. original equipment parts, on all vehicle be high-theft lines, in accordance with The vehicle lines listed as being lines selected as high-theft. the procedures published in 49 CFR part The Anti Car Theft Act also amended 542. The new lines are the Honda Pilot, exempt from the standard have 49 U.S.C. 33103 to require NHTSA to the Nissan Infiniti M45, the Subaru previously been exempted in promulgate a parts-marking standard Baja, the Toyota Lexus GX 470 and the accordance with the procedures of 49 applicable to major parts installed by Toyota Matrix. The agency was also CFR part 543 and 49 U.S.C. 33106. manufacturers of ‘‘passenger motor informed by General Motors that its Similarly, the low-theft lines listed as vehicles (other than light duty trucks) in Saturn SC vehicle line has been being subject to the parts-marking not to exceed one-half of the lines not renamed the Saturn ION vehicle line standard have previously been designated under 49 U.S.C. 33104 as beginning with the 2003 model year. In designated in accordance with the high-theft lines.’’ Section 33103(a) addition to these five vehicle lines, the procedures set forth in 49 U.S.C. 33103. further directed NHTSA to select only list of high-theft vehicle lines includes Therefore, NHTSA finds for good lines not designated under § 33104 of all lines previously designated as high- cause that notice and opportunity for this title as high theft lines. NHTSA lists theft and listed for prior model years. comment on these listings are Subsequent to publishing the MY each of these selected lines in Appendix unnecessary. Further, public comment 2002 final rule, the agency was B to Part 541. Since § 33103 did not on the listing of selections and informed by DaimlerChrysler, Inc., specify marking of replacement parts for exemptions is not contemplated by 49 (Daimler/Chrysler) that its Jeep below-median lines, the agency does not U.S.C. Chapter 331. require marking of replacement parts for Cherokee vehicle line was replaced by these lines. NHTSA published a final the Jeep Liberty vehicle line beginning For the same reasons, since this rule amending 49 CFR part 541 to with the 2002 model year. Accordingly, revised listing only informs the public include the definitions of MPV and Appendix A has also been amended to of previous agency actions and does not LDT, and major component parts. See reflect these changes. impose additional obligations on any 59 FR 64164, [December 13, 1994.] The list of lines that have been party, NHTSA finds for good cause that 49 U.S.C. 33104(a)(3) specifies that exempted by the agency from the parts- the amendment made by this notice NHTSA shall select high-theft vehicle marking requirements of part 541 should be effective as soon as it is lines, with the agreement of the includes high-theft lines newly published in the Federal Register. exempted in full beginning with MY manufacturer, if possible. Section Regulatory Impacts 33104(d) provides that once a line has 2003. The five vehicle lines newly been designated as likely high-theft, it exempted in full are the BMW 1. Costs and Other Impacts remains subject to the theft prevention (confidential nameplate) vehicle line standard unless that line is exempted which replaces its Z3 vehicle line, the NHTSA has analyzed this rule and under § 33106. Section 33106 provides General Motors Pontiac Grand Prix, the determined that it is not ‘‘significant’’ that a manufacturer may petition to Isuzu Axiom, the Nissan Infiniti G35 within the meaning of the Department have a high-theft line exempted from and the Mazda 6 vehicle line. The of Transportation’s regulatory policies the requirements of § 33104, if the line vehicle lines listed as being subject to and procedures. The agency has also is equipped with an antitheft device as the parts-marking standard have considered this notice under Executive standard equipment. The exemption is previously been designated as high-theft Order 12866. As already noted, the granted if NHTSA determines that the lines in accordance with the procedures selections in this final rule have antitheft device is likely to be as set forth in 49 CFR part 542. Under previously been made in accordance effective as compliance with the theft these procedures, manufacturers with the provisions of 49 U.S.C. 33104, prevention standard in reducing and evaluate new vehicle lines to conclude and the manufacturers of the selected deterring motor vehicle thefts. whether those new lines are likely to be lines have already been informed that The agency annually publishes the high theft. The manufacturer submits those lines are subject to the names of the lines which were these evaluations and conclusions to the requirements of 49 CFR part 541 for MY previously listed as high-theft, and the agency, which makes an independent 2003. Further, this listing does not lines which are being listed for the first evaluation; and, on a preliminary basis, actually exempt lines from the time and will be subject to the theft determines whether the new line should requirements of 49 CFR part 541; it only prevention standard beginning in a be subject to the parts-marking informs the general public of all such given model year. It also identifies those requirements. NHTSA informs the previously granted exemptions. Since lines that are exempted from the theft manufacturer in writing of its the only purpose of this final listing is prevention standard for a given model evaluations and determinations, to inform the public of actions for MY year under § 33104. Additionally, this together with the factual information 2003 that the agency has already taken, listing identifies those lines (except considered by the agency in making a full regulatory evaluation has not been light-duty trucks) in Appendix B to Part them. The manufacturer may request the prepared.
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2. Regulatory Flexibility Act significant impact on the quality of the 32909. Section 32909 does not require human environment. submission of a petition for The agency has also considered the reconsideration or other administrative 4. Federalism effects of this listing under the proceedings before parties may file suit Regulatory Flexibility Act. I hereby This action has been analyzed in in court. certify that this rule will not have a accordance with the principles and significant economic impact on a criteria contained in Executive Order List of Subjects in 49 CFR Part 541 substantial number of small entities. As 12612, and it has been determined that Administrative practice and noted above, the effect of this final rule this final rule does not have sufficient procedure, Labeling, Motor vehicles, is simply to inform the public of those Federalism implications to warrant the Reporting and recordkeeping lines that are already subject to the preparation of a Federalism Assessment. requirements. requirements of 49 CFR part 541 for MY 5. Civil Justice Reform In consideration of the foregoing, 49 2003. The agency believes that the This final rule does not have a CFR part 541 is amended as follows: listing of this information will not have retroactive effect. In accordance with any economic impact on small entities. § 33118 when the Theft Prevention PART 541—[AMENDED] Standard is in effect, a State or political 3. Environmental Impacts 1. The authority citation for part 541 subdivision of a State may not have a continues to read as follows: In accordance with the National different motor vehicle theft prevention Environmental Policy Act of 1969, the standard for a motor vehicle or major Authority: 49 U.S.C. 33102–33104 and agency has considered the replacement part. 49 U.S.C. 33117 33106; delegation of authority at 49 CFR 1.50. environmental impacts of this rule, and provides that judicial review of this rule 2. In Part 541, Appendices A and A– determined that it will not have any may be obtained pursuant to 49 U.S.C. I, are revised to read as follows:
APPENDIX A TO PART 541—LINES SUBJECT TO THE REQUIREMENTS OF THIS STANDARD
Manufacturer Subject lines
Alfa Romeo ...... Milano 161 164 BMW ...... Z3 Z8 6 Car Line Consulier ...... Consulier GTP Daewoo ...... Korando Musso (MPV) Nubira Daimlerchrysler ...... Chrysler Cirrus Chrysler Fifth Avenue/Newport Chrysler Laser Chrysler LeBaron/Town & Country Chrysler LeBaron GTS Chrysler’s TC Chrysler New Yorker Fifth Avenue Chrysler Sebring Chrysler Town & Country Dodge 600 Dodge Aries Dodge Avenger Dodge Colt Dodge Daytona Dodge Diplomat Dodge Lancer Dodge Neon Dodge Shadow Dodge Stratus Dodge Stealth Eagle Summit Eagle Talon Jeep Cherokee (MPV) Jeep Grand Cherokee (MPV) Jeep Liberty (MPV) 1 Jeep Wrangler (MPV) Plymouth Caravelle Plymouth Colt Plymouth Laser Plymouth Gran Fury Plymouth Neon Plymouth Reliant Plymouth Sundance Plymouth Breeze Ferrari ...... Mondial 8 328
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APPENDIX A TO PART 541—LINES SUBJECT TO THE REQUIREMENTS OF THIS STANDARD—Continued
Manufacturer Subject lines
Ford ...... Ford Aspire Ford Escort Ford Probe Ford Thunderbird Lincoln Continental Lincoln Mark Lincoln Town Car Mercury Capri Mercury Cougar Merkur Scorpio Merkur XR4Ti General Motors ...... Buick Electra Buick Reatta Buick Skylark Chevrolet Malibu Chevrolet Nova Chevrolet Blazer (MPV) Chevrolet Prizm Chevrolet S–10 Pickup Geo Storm Chevrolet Tracker (MPV) GMC Jimmy (MPV) GMC Sonoma Pickup Oldsmobile Achieva (MYs 1997–1998) Oldsmobile Bravada Oldsmobile Cutlass Oldsmobile Cutlass Supreme (MYs 1988– 1997) Oldsmobile Intrigue Pontiac Fiero Saturn Sports Coupe 2 Saturn ION Honda ...... Accord CRV (MPV) Odyssey (MPV) Passport Pilot (MPV) 3 Prelude S2000 Acura Integra Acura MDX (MPV) Acura RSX Hyundai ...... Accent Sonata Tiburon Isuzu ...... Amigo Impulse Rodeo Rodeo Sport Stylus Trooper/Trooper II VehiCross (MPV) Jaguar ...... XJ Kia Motors ...... Optima Rio Sephia (1998–2002) Spectra Lotus ...... Elan Maserati ...... Biturbo Quattroporte 228 Mazda ...... 626 MX–3 MX–5 Miata MX–6
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APPENDIX A TO PART 541—LINES SUBJECT TO THE REQUIREMENTS OF THIS STANDARD—Continued
Manufacturer Subject lines
Mercedes-Benz ...... 190 D–190 E 260E (1987–1989) 300 SE (1988–1991) 300 TD (1987) 300 SDL (1987) 300 SEL 350 SDL (1990–1991) 420 SEL (1987–1991) 560 SEL (1987–1991) 560 SEC (1987–1991) 560 SL Mitsubishi ...... Cordia Eclipse Lancer Mirage Montero (MPV) Montero Sport (MPV) Tredia 3000GT Nissan ...... 240SX Sentra/200SX Xterra Infiniti M45 3 Peugeot ...... 405 Porsche ...... 924S Subaru ...... XT SVX Baja 3 Forester Legacy Suzuki ...... Aerio X90 (MPV) Sidekick (MYs 1997–1998) Vitara/Grand Vitara (MPV) Toyota ...... Toyota 4-Runner (MPV) Toyota Avalon Toyota Camry Toyota Celica Toyota Corolla/Corolla Sport Toyota Echo Toyota Highlander (MPV) Toyota Matrix (MPV) 3 Toyota MR2 Toyota MR2 Spyder Toyota Prius Toyota RAV4 (MPV) Toyota Sienna (MPV) Toyota Tercel Lexus GX470 (MPV) 3 Lexus IS300 Lexus RX300 (MPV) Volkswagen ...... Audi Quattro Volkswagen Scirocco 1 Replaced the Jeep Cherokee in MY 2002. 2 Renamed the Saturn ION beginning with MY 2003. 3 Lines added for MY 2003.
APPENDIX A–I TO PART 541—HIGH-THEFT LINES WITH ANTITHEFT DEVICES WHICH ARE EXEMPTED FROM THE PARTS- MARKING REQUIREMENTS OF THIS STANDARD PURSUANT TO 49 CFR PART 543
Manufacturer Subject lines
Austin Rover ...... Sterling BMW ...... MINI X5 (confidential nameplate) 1 3 Car Line 5 Car Line 7 Car Line 8 Car Line
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APPENDIX A–I TO PART 541—HIGH-THEFT LINES WITH ANTITHEFT DEVICES WHICH ARE EXEMPTED FROM THE PARTS- MARKING REQUIREMENTS OF THIS STANDARD PURSUANT TO 49 CFR PART 543—Continued
Manufacturer Subject lines
Daimlerchrysler ...... Chrysler Conquest Chrysler Imperial Ford ...... Mustang Mercury Sable Mercury Grand Marquis Taurus General Motors ...... Buick LeSabre Buick Park Avenue Buick Regal/Century Buick Riviera Cadillac Allante Cadillac Deville Cadillac Seville Chevrolet Cavalier Chevrolet Corvette Chevrolet Impala/Monte Carlo Chevrolet Lumina/Monte Carlo (MYs 1996–1999) Chevrolet Malibu Chevrolet Venture Oldsmobile Alero Oldsmobile Aurora Oldsmobile Toronado Pontiac Bonneville Pontiac Grand Am Pontiac Grand Prix 1 Pontiac Sunfire Honda ...... Acura CL Acura Legend (MYs 1991–1996) Acura NSX Acura RL Acura SLX Acura TL Acura Vigor (MYs 1992–1995) Isuzu ...... Axiom.1 Impulse (MYs 1987–1991) Jaguar ...... XK Mazda 1 ...... 6 929 RX–7 Millenia Mercedes-BENZ ...... 124 Car Line (the models within this line are): 260E 300D 300E 300CE 300TE 400E 500E 129 Car Line (the models within this line are): 300SL 500SL 600SL SL320 SL500 SL600 202 Car Line (the models within this line are): C220 C230 C280 C36 C43 Mitsubishi ...... Galant Starion Diamante
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APPENDIX A–I TO PART 541—HIGH-THEFT LINES WITH ANTITHEFT DEVICES WHICH ARE EXEMPTED FROM THE PARTS- MARKING REQUIREMENTS OF THIS STANDARD PURSUANT TO 49 CFR PART 543—Continued
Manufacturer Subject lines
Nissan ...... Nissan Altima Nissan Maxima Nissan Pathfinder Nissan 300ZX Infiniti G35 1 Infiniti I30 Infiniti J30 Infiniti M30 Infiniti QX4 Infiniti Q45 Porsche ...... 911 928 968 986 Boxster Saab ...... 9–3 900 (1994–1998) 9000 (1989–1998) Toyota ...... Toyota Supra Toyota Cressida Lexus ES Lexus GS Lexus LS Lexus SC Volkswagen ...... Audi 5000S Audi 100/A6 Audi 200/S4/S6 Audi Allroad Quattro (MPV) Audi Cabriolet Volkswagen Cabrio Volkswagen Corrado Volkswagen Golf/GTI Volkswagen Jetta/Jetta III Volkswagen Passat 1 Lines exempted in full beginning with MY 2003.
Issued on: June 26, 2002. withdrawn and would not take effect if adding in its place the definition and Stephen R. Kratzke, an adverse comment was received on or term ‘‘major incident’’ to be effective Associate Administrator for Safety before June 3, 2002. The Missouri July 2, 2002. This action was taken Performance Standards. Department of Economic Development, because FTA’s review of the National [FR Doc. 02–16472 Filed 6–28–02; 8:45 am] Division of Motor Carrier and Railroad Transit Database (NTD), as mandated by BILLING CODE 4910–59–P Safety submitted an adverse comment the Department of Transportation’s FY dated May 30, 2002; therefore, the direct 2000 Appropriations Act, resulted in final rule will not become effective on revisions of the Safety and Security DEPARTMENT OF TRANSPORTATION July 2, 2002. FTA is reviewing 49 CFR Module of the NTD ‘‘Reporting Manual part 659 and plans to publish a notice for 2002’’. FTA solicited input from Federal Transit Administration of proposed rulemaking in November NTD stakeholders, which include rail 2002. transit agencies reporting to State 49 CFR Part 659 Oversight Agencies as required by the DATES: This withdrawal is effective July State Safety Oversight regulations. [FTA 2002–11449] 1, 2002. FTA believes that two accident/ FOR FURTHER INFORMATION CONTACT: For RIN 2132–AA69 incident reporting definitions would questions regarding this notice, contact cause confusion, generate inconsistent Rail Fixed Guideway Systems; State Jerry Fisher or Roy Field, Office of data, and create an additional burden Safety Oversight Safety and Security, FTA, telephone for rail transit reporters. FTA stated in 202–366–2233, fax 202–366–7951. For the preamble of the direct final rule it ACTION: Withdrawal of direct final rule. questions on viewing or submitting had solicited input from NTD material to the docket, contact Dorothy SUMMARY: The Federal Transit stakeholders, including rail transit Beard, Chief, Dockets, Department of Administration (FTA) is withdrawing agencies reporting to State Oversight Transportation, telephone 202–366– the direct final rule that revised the Agencies. However, as noted by the 9329. definition of ‘‘accident’’ as used in 49 Missouri Department of Economic CFR part 659 due to the receipt of SUPPLEMENTARY INFORMATION: On April Development, Division of Motor Carrier adverse comments. FTA noted in the 3, 2002, FTA published a direct final and Railroad Safety, FTA did not solicit direct final rule published in the rule (64 FR 15725) amending 49 CFR input from it, a state agency directly Federal Register on April 3, 2002 (67 FR Part 659 by removing the term responsible for safety oversight of transit 15725) that the rule would be ‘‘accident’’ under this section and agencies within the state.
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FTA initially believed the rulemaking of the ALWTRP may also be obtained by identification, scientific research survey would not be controversial. Based on writing Diane Borggaard, NMFS/ personnel, whale watch operators and the adverse comment we agree that Northeast Region, One Blackburn Drive, naturalists, and mariners trained in input from additional stakeholders is Gloucester, MA 01930. whale species identification through warranted. At this time, FTA will not Several of the background documents disentanglement training or some other replace the term ‘‘accident’’ with the for the ALWTRP and the take reduction training program deemed adequate by term ‘‘major incident’’ in 49 CFR 659.5, planning process can be downloaded NMFS. A reliable report would be a 659.39, 659.41. FTA plans to publish a from the ALWTRP web site at http:// credible right whale sighting. notice of proposed rulemaking in www.nero.nmfs.gov/whaletrp/. On June 18, 2002, NMFS Aerial November 2002. FOR FURTHER INFORMATION CONTACT: Survey Team reported a sighting of 75 right whales, 45 in the proximity of 41° List of Subjects in 49 CFR Part 659 Diane Borggaard, NMFS/Northeast Region, 978–28–9145; or Patricia 21′ N lat. and 69° 17′ W long. and 30 Railroads. Lawson, NMFS, Office of Protected in the proximity of 41° 21′ N latitude ° ′ Dated: June 26, 2002. Resources, 301–713–2322. and 69 01 W longitude. These Jennifer L. Dorn, SUPPLEMENTARY INFORMATION: The positions lie east of Cape Cod, Administrator, Federal Transit ALWTRP was developed pursuant to Massachusetts, in an area called the Administration. section 118 of the Marine Mammal Great South Channel. Once a DAM zone is triggered, NMFS [FR Doc. 02–16627 Filed 6–28–02; 8:45 am] Protection Act (MMPA) to reduce the determines whether to impose BILLING CODE 4910–57–M incidental mortality and serious injury of four species of whales (right whales, restrictions on fishing and/or fishing fin, humpback, and minke) due to gear in the zone. This determination is based on the following factors, DEPARTMENT OF COMMERCE incidental interaction with commercial fishing activities. The ALWTRP, including but not limited to: the National Oceanic and Atmospheric implemented through regulations location of the DAM zone with respect Administration codified at 50 CFR 229.32, relies on a to other fishery closure areas, weather combination of fishing gear conditions as they relate to the safety of 50 CFR Part 229 modifications and time/area closures to human life at sea, the type and amount reduce the risk of whales becoming of gear already present in the area, and [Docket No. 001128334–2158–09 ; I.D. a review of recent right whale 062502B] entangled in commercial fishing gear (and potentially suffering serious injury entanglement and mortality data. NMFS has reviewed the factors and or mortality as a result). Taking of Marine Mammals Incidental management options noted above and to Commercial Fishing Operations; On January 9, 2002, NMFS published the final rule to implement the additional data regarding current and Atlantic Large Whale Take Reduction historic right whale sightings. Through Plan ALWTRP’s Dynamic Area Management (DAM) program (67 FR 1133). The DAM this action, NMFS restricts lobster trap AGENCY: National Marine Fisheries program provides specific authority for and gillnet gear set in the waters Service (NMFS), National Oceanic and NMFS to temporarily restrict the use of bounded by: 41°48′ N, 69°44′W (NW Corner) Atmospheric Administration (NOAA), lobster trap and anchored gillnet fishing ° ′ ° ′ Commerce. ° 41 48 N, 68 25 W gear in areas north of 40 N. lat. on an 40°54′ N, 68°25′W ACTION: Temporary rule. expedited basis to protect right whales. 40°54′ N, 69°06′ W (SW Corner) Under the DAM program, NMFS may: SUMMARY: The Assistant Administrator The mandatory restrictions for the (1) require the removal of all lobster trap portion of the DAM zone east of the for Fisheries (AA), NOAA, announces and anchored gillnet fishing gear for a temporary restrictions, which include western boundary of the Outbound 15–day period; (2) allow lobster trap Boston Harbor shipping lanes are as both mandatory and voluntary and anchored gillnet fishing within a measures, consistent with the follows: All anchored gillnet and lobster DAM zone with gear modifications trap gear must be removed from these requirements of the Atlantic Large determined by NMFS to sufficiently Whale Take Reduction Plan’s waters. reduce the risk of entanglement; or (3) In addition, NMFS requests the (ALWTRP) implementing regulations. issue an alert to fishermen requesting These restrictions apply to lobster trap voluntary removal of all lobster trap and the voluntary removal of all lobster trap anchored gillnet gear in the waters and anchored gillnet fishermen in an and anchored gillnet gear for a 15–day area totaling approximately 3,500 square bounded by: period, and asking fishermen not to set 41°48′ N, 69°51′ W (NW Corner) nautical miles (nm2) (6,486 km2) in the any additional gear in the DAM zone 41°48′ N, 69°44′ W Great South Channel area, east of Cape during the 15–day period. 40°54′ N, 69°06′ W Cod, Massachusetts, for 15 days. The A DAM zone is triggered when NMFS 40°54′ N, 69°51′ W (SW Corner) purpose of this action is to provide receives a reliable report from a The voluntary restrictions for this immediate protection to an qualified individual of three or more portion of the DAM zone west of the unexpectedly high aggregation of North right whales sighted within an area western boundary of the Outbound Atlantic right whales (right whales). (75nm2 (139 km2)) such that right whale Boston Harbor shipping lanes are as DATES: Effective beginning at 0001 hours density is equal to or greater than 0.04 follows: voluntary removal of all lobster July 1, 2002, through 2400 hours July right whales per nm2 (1.85 km2). A trap and gillnet gear from these waters. 15, 2002. qualified individual is an individual Furthermore, NMFS asks lobster trap ADDRESSES: Copies of the proposed and ascertained by NMFS to be reasonably and gillnet fishermen not to set any new final Dynamic Area Management rules, able, through training or experience, to gear in this entire area during the 15– Environmental Assessment (EA), identify a right whale. Such individuals day alert period. The restrictions will be Atlantic Large Whale Take Reduction include, but are not limited to, NMFS in effect beginning at 0001 hours July 1, Team (ALWTRT) meeting summaries, staff, U.S. Coast Guard and Navy 2002, through 2400 hours July 15, 2002, and progress reports on implementation personnel trained in whale unless terminated sooner or extended by
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NMFS, through another notification in notice of this action to fishermen DEPARTMENT OF COMMERCE the Federal Register. The restrictions, through other means as soon as both mandatory and voluntary, will be possible. National Oceanic and Atmospheric Administration announced to state officials, fishermen, NMFS determined that the regulations Atlantic Large Whale Take Reduction establishing the DAM program and Team (ALWTRT) members, and other 50 CFR Part 679 actions such as this one taken pursuant interested parties through e-mail, phone to those regulations are consistent to the [Docket No. 020620154–2154–01; I.D. contact, NOAA website, and other 052902A] appropriate media immediately upon maximum extent practicable with the filing with the Federal Register. enforceable policies of the approved RIN 0648–AQ10 coastal management program of the U.S. Classification Atlantic coastal states. This Fisheries of the Exclusive Economic In accordance with section 118(f)(9) of determination was submitted for review Zone Off Alaska; Change of the Name the MMPA, the AA has determined that by the responsible state agencies under of the Salmon Fisheries Management this action is necessary to implement a section 307 of the Coastal Zone Plan take reduction plan to protect North Management Act. Following state AGENCY: National Marine Fisheries Atlantic right whales. review of the regulations creating the Service (NMFS), National Oceanic and This action falls within the scope of DAM program, no state disagreed with Atmospheric Administration (NOAA), alternatives and impacts analyzed in the NMFS′ conclusion that the DAM Commerce. Final EA prepared for the ALWTRP’s program is consistent to the maximum DAM program. Further analysis under ACTION: Technical correction. extent practicable with the enforceable the National Environmental Policy Act policies of the approved coastal SUMMARY: NMFS is correcting the title of (NEPA) is not required. management program for that state. the Fishery Management Plan for the Providing prior notice and an Salmon Fisheries in the Exclusive opportunity for public comment on this The DAM program under which Economic Zone (EEZ) off Alaska (FMP). action would prevent NMFS from NMFS is taking this action contains This action is necessary to make the executing its functions to protect and policies with federalism implications name of the FMP in Federal regulations reduce serious injury and mortality of warranting preparation of a federalism consistent with the actual name of the endangered right whales. To meet the assessment under Executive Order FMP as approved by the Secretary of goals of the DAM program, the agency 13132. Accordingly, in October 2001, Commerce (Secretary). The intended needs to be able to create a DAM zone the Assistant Secretary for effect of this action is regulatory and implement restrictions on fishing Intergovernmental and Legislative consistency, and it will have no effect gear as soon as possible once the criteria Affairs, DOC, provided notice of the on any person fishing in the EEZ for any are triggered and NMFS determines that DAM program to the appropriate elected species. a DAM restricted zone is appropriate. officials in states to be affected by The criteria were triggered with respect DATES: Effective on July 31, 2002. to this rule on June 18, 2002. If NMFS actions taken pursuant to the DAM FOR FURTHER INFORMATION CONTACT: were to provide notice and an program. Federalism issues raised by Patsy A. Bearden, 907–586–7228. opportunity for public comment prior to state officials were addressed in the SUPPLEMENTARY INFORMATION: Salmon the creation of a DAM restricted zone, final rule implementing the DAM fisheries in the EEZ off Alaska are the aggregated right whales would be program. A copy of the federalism managed pursuant to the FMP prepared vulnerable to entanglement which could Summary Impact Statement for that by the North Pacific Fishery result in serious injury and mortality. final rule is available upon request (see Management Council (Council) and Therefore, pursuant to 5 U.S.C. ADDRESSES). approved and implemented by the 553(b)(B), the AA finds that good cause This rule has been determined to be Secretary under authority of the exists to waive notice and an not significant under Executive Order Magnuson-Stevens Fishery opportunity to comment on this action 12866. Conservation and Management Act. The to implement a DAM restricted zone to original title of the salmon FMP was the reduce the risk of entanglement of Authority: 16 U.S.C. 1361 et seq.and 50 ‘‘Fishery Management Plan for the High endangered right whales in commercial CFR 229.32(g)(3) Seas Salmon Fishery off the Coast of lobster trap and anchored gillnet gear as Dated: June 26, 2002. Alaska East of 175 Degrees East such procedures would be William T. Hogarth, Longitude.’’ impracticable. Assistant Administrator for Fisheries, Over time, the international regime For the same reasons, the AA finds National Marine Fisheries Service. affecting salmon fisheries changed and that, under 5 U.S.C. 553(d)(3), good the Council revisited its salmon [FR Doc. 02–16537 Filed 6–27–02; 10:47 am] cause exists to waive the 30–day delay management policies. In 1989, the in effective date. If NMFS were to delay BILLING CODE 3510–22–S Council adopted an amendment to the for 30 days the effective date of this FMP (Amendment 3) which, among action, the aggregated right whales other things, changed the title of the would be vulnerable to entanglement FMP to, ‘‘Fishery Management Plan for which could result in serious injury and the Salmon Fisheries in the EEZ off the mortality. Nevertheless, NMFS Coast of Alaska.’’ The Secretary recognizes the need for fishermen to approved Amendment 3 to the FMP in have time to remove their gear from a 1990, and published implementing rules DAM zone once one is approved. Thus, on November 15, 1990 (55 FR 47773). NMFS makes this action effective NMFS has discovered that regulations beginning at 0001 hours July 1, 2002, implementing Amendment 3 did not through 2400 hours July 15, 2002. include the new title of the FMP. This NMFS will also endeavor to provide change should have been included in
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the 1990 regulatory changes Administrator for Fisheries, NOAA, PART 679—FISHERIES OF THE implementing Amendment 3 but was finds good cause to waive the EXCLUSIVE ECONOMIC ZONE OFF not due to oversight. No public requirement to provide prior notice and ALASKA comment was received on these or any opportunity for public comment under of the other changes made by 5 U.S.C. 553(b)(B), as such procedure 1. The authority citation for part 679 Amendment 3. Subsequent would be unnecessary. Because prior continues to read as follows: consolidation of all Federal fishery notice and opportunity for comment is regulations off Alaska pursuant to not required for this action by 5 U.S.C. Authority: 16 U.S.C 773 et seq.; 1801 et seq.; 3631 et seq.; Title II Division C, Pub. L. President Clinton’s Regulatory Reform 553 or any other law, the analytical Initiative did not correct the error (62 105–277; Sec. 3027, Pub. L. 106–31; 113 Stat. requirements of the Regulatory 57; 16 U.S.C. 1540(f); and Sec. 209, Pub. L. FR 19686, April 23, 1997). Flexibility Act, 5 U.S.C. 601 et seq.are 106–554. et seq. This action corrects this error by not applicable. changing the title of the FMP as it 2. In § 679.1, the heading of paragraph appears in regulations codified at 50 List of Subjects in 50 CFR Part 679 (i) is revised to read as follows: CFR part 679 to be consistent with the Alaska, Fisheries, Recordkeeping and § 679.1 Purpose and scope. FMP as amended and approved by the reporting requirements. Secretary. This action will not have any * * * * * Dated: June 25, 2002. substantive regulatory effect. William T. Hogarth (i) Fishery Management Plan for the Classification Assistant Administrator for Fisheries, Salmon Fisheries in the EEZ off the Coast of Alaska (Salmon FMP).* * * This action changes the title of the National Marine Fisheries Service. salmon FMP, a non-discretionary For the reasons set out in the * * * * * technical change with no substantive preamble, 50 CFR part 679 is amended [FR Doc. 02–16382 Filed 6–28–02; 8:45 am] effects. Therefore, the Assistant as follows: BILLING CODE 3510–22–S
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Proposed Rules Federal Register Vol. 67, No. 126
Monday, July 1, 2002
This section of the FEDERAL REGISTER FOR FURTHER INFORMATION CONTACT: the order is not in accordance with law contains notices to the public of the proposed Teresa Hutchinson, Northwest and request a modification of the order issuance of rules and regulations. The Marketing Field Office, Fruit and or to be exempted therefrom. Such purpose of these notices is to give interested Vegetable Programs, AMS, USDA, 1220 handler is afforded the opportunity for persons an opportunity to participate in the SW Third Avenue, suite 385, Portland, a hearing on the petition. After the rule making prior to the adoption of the final rules. OR 97204; telephone: (503) 326–2724, hearing USDA would rule on the Fax: (503) 326–7440; or George Kelhart, petition. The Act provides that the Technical Advisor, Marketing Order district court of the United States in any DEPARTMENT OF AGRICULTURE Administration Branch, Fruit and district in which the handler is an Vegetable Programs, AMS, USDA, 1400 inhabitant, or has his or her principal Agricultural Marketing Service Independence Avenue SW, STOP 0237, place of business, has jurisdiction to Washington, DC 20250–0237; telephone: review USDA’S ruling on the petition, 7 CFR Part 922 (202) 720–2491, Fax: (202) 720–8938. provided an action is filed not later than Small businesses may request 20 days after the date of the entry of the [Docket No. FV02–922–1 PR] information on complying with this ruling. regulation by contacting Jay Guerber, This rule would increase the Apricots Grown in Designated Marketing Order Administration assessment rate established for the Counties in Washington; Increased Branch, Fruit and Vegetable Programs, Committee for the 2002–03 and Assessment Rate AMS, USDA, 1400 Independence subsequent fiscal periods from $2.00 to Avenue SW, STOP 0237, Washington, AGENCY: $2.50 per ton of apricots handled. Agricultural Marketing Service, DC 20250–0237; telephone: (202) 720– USDA. 2491, Fax: (202) 720–8938, or e-mail: The Washington apricot marketing ACTION: Proposed rule. [email protected]. order provides authority for the Committee, with the approval of USDA, SUMMARY: This rule would increase the SUPPLEMENTARY INFORMATION: This rule to formulate an annual budget of assessment rate established for the is issued under Marketing Agreement expenses and collect assessments from Washington Apricot Marketing No. 132 and Marketing Order No. 922, handlers to administer the program. The Committee (Committee) for the 2002–03 both as amended (7 CFR part 922), members of the Committee are growers and subsequent fiscal periods from regulating the handling of apricots and handlers of Washington apricots. $2.00 to $2.50 per ton of apricots grown in designated counties in They are familiar with the Committee’s handled. The Committee locally Washington, hereinafter referred to as needs and with the costs for goods and administers the marketing order which the ‘‘order.’’ The order is effective under services in their local area and are thus regulates the handling of apricots grown the Agricultural Marketing Agreement in a position to formulate an appropriate in designated counties in Washington. Act of 1937, as amended (7 U.S.C. 601– budget and assessment rate. The Authorization to assess apricot handlers 674), hereinafter referred to as the assessment rate is formulated and enables the Committee to incur ‘‘Act.’’ discussed in a public meeting. Thus, all expenses that are reasonable and The Department of Agriculture directly affected persons have an necessary to administer the program. (USDA) is issuing this rule in opportunity to participate and provide The fiscal period began April 1 and conformance with Executive Order input. 12866. ends March 31. The assessment rate For the 1997–98 and subsequent fiscal would remain in effect indefinitely This rule has been reviewed under Executive Order 12988, Civil Justice periods, the Committee recommended, unless modified, suspended, or and USDA approved, an assessment rate terminated. Reform. Under the marketing order now in effect, Washington apricot handlers that would continue in effect from fiscal DATES: Comments must be received by are subject to assessments. Funds to period to fiscal period unless modified, July 31, 2002. administer the order are derived from suspended, or terminated by USDA ADDRESSES: Interested persons are such assessments. It is intended that the upon recommendation and information invited to submit written comments assessment rate as proposed herein submitted by the Committee or other concerning this rule. Comments must be would be applicable to all assessable information available to USDA. sent to the Docket Clerk, Marketing apricots beginning on April 1, 2002, and The Committee met on May 15, 2002, Order Administration Branch, Fruit and continue until amended, suspended, or and unanimously recommended 2002– Vegetable Programs, AMS, USDA, 1400 terminated. This rule will not preempt 03 expenditures of $11,685 and an Independence Avenue SW, STOP 0237, any State or local laws, regulations, or assessment rate of $2.50 per ton of Washington, DC 20250–0237; Fax: (202) policies, unless they present an apricots. In comparison, last year’s 720–8938, or e-mail: irreconcilable conflict with this rule. budgeted expenditures were $11,230. [email protected]. Comments The Act provides that administrative The recommended rate is $.50 higher should reference the docket number and proceedings must be exhausted before than the rate currently in effect. The the date and page number of this issue parties may file suit in court. Under increase is necessary to offset an of the Federal Register and will be section 608c(15)(A) of the Act, any increase in salaries and operating available for public inspection in the handler subject to an order may file expenses, and an anticipated decrease Office of the Docket Clerk during regular with USDA a petition stating that the in production due to the adverse effect business hours, or can be viewed at: order, any provision of the order, or any of cooler temperatures on the size and http://www.ams.usda.gov/fv/moab.html. obligation imposed in connection with quality of the 2002 apricot crop.
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The major expenditures through group action of essentially 2002, the Committee’s reserve was recommended by the Committee for the small entities acting on their own $8,257. At the rate of $2.00 per ton and 2002–03 fiscal period include $5,892 for behalf. Thus, both statutes have small an estimated 2002 apricot production of salaries, $1,000 for travel, $816 for rent entity orientation and compatibility. 3,650 tons, the projected reserve on and maintenance, and $540 for office There are approximately 200 March 31, 2003, would be $3,872. The equipment and repair. Budgeted producers of apricots in the production Committee believed that this reserve expenses for these items in 2001–2002 area and approximately 30 handlers would not be adequate should there be were $5,731, $1,000, $792, and $264, subject to regulation under the another reduced crop. At the rate of respectively. marketing order. Small agricultural $2.50 per ton (assessment income of Washington apricot shipments for producers are defined by the Small $9,125) and expenditures of $11,685, 2002 are estimated at 3,650 tons which Business Administration (13 CFR the Committee may draw up to $2,540 should provide $9,125 in assessment 121.201) as those having annual receipts from its reserve. The projected reserve income. This income, along with less than $750,000, and small would be approximately $5,697 on approximately $2,540 from the agricultural service firms are defined as March 31, 2003, which the Committee Committee’s authorized reserve, would those whose annual receipts are less determined to be acceptable. be adequate to cover budgeted expenses. than $5,000,000. The Committee considered alternate Funds in the reserve (currently $8,257) Based on a three-year average fresh levels of assessment but determined that would be kept within the maximum apricot production of 4,406 tons increasing the assessment rate to $2.50 permitted by the order. The order (Committee records), a three-year per ton would be adequate to maintain permits an operating reserve in an average of producer prices of $832 per the reserve at an acceptable level. The amount not to exceed approximately ton reported by the National Committee decided that an assessment one fiscal period’s operational expenses Agricultural Statistics Service, and 200 rate between $2.00 per ton and $2.50 (§ 922.42). Washington apricot producers, the per ton would not maintain the reserve The proposed assessment rate would average annual producer revenue is at an adequate level. Prior to arriving at continue in effect indefinitely unless approximately $18,329. In addition, this budget, the Committee considered modified, suspended, or terminated by based on Committee records and 2001 information from various sources, such USDA upon recommendation and F.O.B. prices ranging from $14.50 to as the Committee’s Finance and information submitted by the $22.50 per 24-pound container reported Executive Committees. Committee or other available by USDA’s Market News Service, all of A review of historical information and information. the Washington apricot handlers ship preliminary information pertaining to Although this assessment rate would under $5,000,000 worth of apricots. In the upcoming fiscal period indicates be in effect for an indefinite period, the view of the foregoing, it can be that the producer price for the 2002–03 Committee would continue to meet concluded that all of the Washington fiscal period could range between $800 prior to or during each fiscal period to apricot producers and handlers may be and $850 per ton of apricots. Therefore, recommend a budget of expenses and classified as small entities. the estimated assessment revenue for consider recommendations for This rule would increase the the 2002–03 as a percentage of total modification of the assessment rate. The assessment rate established for the producer revenue could range between dates and times of Committee meetings Committee and collected from handlers 0.31 and 0.29 percent. are available from the Committee or for the 2002–03 and subsequent fiscal This action would increase the USDA. Committee meetings are open to periods from $2.00 to $2.50 per ton of assessment obligation imposed on the public and interested persons may apricots. The Committee unanimously handlers. While assessments impose express their views at these meetings. recommended 2002–03 expenditures of some additional costs on handlers, the USDA would evaluate Committee $11,685 and an assessment rate of $2.50 costs are minimal and uniform on all recommendations and other available per ton. The proposed assessment rate is handlers. Some of the additional costs information to determine whether $.50 higher than the rate currently in may be passed on to producers. modification of the assessment rate is effect. The quantity of assessable However, these costs would be offset by needed. Further rulemaking would be apricots for the 2002–03 fiscal period is the benefits derived by the operation of undertaken as necessary. The estimated at 3,650 tons. Income derived the marketing order. In addition, the Committee’s 2002–03 budget and those from handler assessments Committee’s meeting was widely for subsequent fiscal periods would be (approximately $9,125), along with publicized throughout the Washington reviewed and, as appropriate, approved funds from the Committee’s authorized apricot industry and all interested by USDA. reserve, would be adequate to cover persons were invited to attend the budgeted expenses. meeting and participate in Committee Initial Regulatory Flexibility Analysis The major expenditures deliberations on all issues. Like all Pursuant to requirements set forth in recommended by the Committee for the Committee meetings, the May 15, 2002, the Regulatory Flexibility Act (RFA), the 2002–03 fiscal period include $5,892 for meeting was a public meeting and all Agricultural Marketing Service (AMS) salaries, $1,000 for travel, $816 for rent entities, both large and small, were able has considered the economic impact of and maintenance, and $540 for office to express views on this issue. Finally, this rule on small entities. Accordingly, equipment and repair. Budgeted interested persons are invited to submit AMS has prepared this initial regulatory expenses for these items in 2001–02 information on the regulatory and flexibility analysis. were $5,731, $1,000, $792, and $264, informational impacts of this action on The purpose of the RFA is to fit respectively. small businesses. regulatory actions to the scale of The assessment rate increase is This proposed rule would impose no business subject to such actions in order necessary to offset increases in salaries additional reporting or recordkeeping that small businesses will not be unduly and operating expenses, and an requirements on either small or large or disproportionately burdened. anticipated decrease in production due production area commodity handlers. Marketing orders issued pursuant to the to the adverse effect of cooler As with all Federal marketing order Act, and the rules issued thereunder, are temperatures on the size and quality of programs, reports and forms are unique in that they are brought about the 2002 apricot crop. As of March 31, periodically reviewed to reduce
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information requirements and DEPARTMENT OF AGRICULTURE Background duplication by industry and public The regulations in 9 CFR part 93 Animal and Plant Health Inspection sector agencies. govern the importation into the United Service USDA has not identified any relevant States of specified animals and animal products in order to help prevent the Federal rules that duplicate, overlap, or 9 CFR Part 93 conflict with this rule. introduction of various animal diseases [Docket No. 99–012–1] into the United States. The regulations A small business guide on complying in part 93 require that some of these with fruit, vegetable, and specialty crop Standards for Permanent, Privately animals be quarantined upon arrival in marketing agreements and orders may Owned Horse Quarantine Facilities the United States as a condition of be viewed at: http://www.ams.usda.gov/ entry. APHIS operates animal fv/moab.html. Any questions about the AGENCY: Animal and Plant Health Inspection Service, USDA. quarantine facilities and authorizes the compliance guide should be sent to Jay use of privately owned quarantine ACTION: Proposed rule. Guerber at the previously mentioned facilities for certain animal address in the FOR FURTHER INFORMATION SUMMARY: We are proposing to amend importations. The regulations in part 93 CONTACT section. the regulations pertaining to the currently contain requirements for the A 30-day comment period is provided importation of horses to establish approval of various privately owned to allow interested persons to respond standards for the approval of quarantine facilities. The regulations at to this proposed rule. Thirty days is permanent, privately owned quarantine subpart C of part 93 (9 CFR 93.300 deemed appropriate because: (1) The facilities for horses. We are taking this through 93.326, referred to below as the 2002–03 fiscal period began on April 1, action because recent demand for regulations) pertain to the importation 2002, and the marketing order requires quarantine services for horses has of horses and include requirements for that the rate of assessment for each exceeded the space available at existing privately owned quarantine facilities for fiscal period apply to all assessable facilities. We believe that allowing horses. These requirements are for the apricots handled during such fiscal imported horses to be quarantined in approval and establishment of period; (2) the Committee needs to have permanent, privately owned horse temporary quarantine facilities for the sufficient funds to pay its expenses quarantine facilities that meet these purpose of quarantining imported horses for a specific event. which are incurred on a continuous criteria would facilitate the importation of horses while continuing to protect In addition to operating Federal basis; and (3) handlers are aware of this animal quarantine facilities and action which was unanimously against the introduction of communicable diseases of horses. authorizing the operation of temporary, recommended by the Committee at a privately owned quarantine facilities for public meeting and is similar to other DATES: We will consider all comments that we receive by August 30, 2002. horses, APHIS currently authorizes the assessment rate actions issued in past operation of one permanent, privately ADDRESSES: Please send four copies of years. owned animal import quarantine your comment (an original and three facility, located in Los Angeles County, List of Subjects in 7 CFR Part 922 copies) to: Docket No. 99–012–1, CA. Regulatory Analysis and Development, Apricots, Marketing agreements, The demand for import quarantine PPD, APHIS, Suite 3C03, 4700 River Reporting and recordkeeping facilities for horses has risen in recent Road, Unit 118, Riverdale, MD 20737– requirements. years as the amount of trade between 1238. Please state that your comment the United States and other countries For the reasons set forth in the refers to Docket No. 99–012–1. has risen. From 1992 to 1999, the You may read any comments that we preamble, 7 CFR part 922 is proposed to number of horses imported annually receive on this docket in our reading be amended as follows: into the United States increased room. The reading room is located in substantially. In some cases, the PART 922—APRICOTS GROWN IN room 1141 of the USDA South Building, demand for quarantine services for 14th Street and Independence Avenue, DESIGNATED COUNTIES IN horses has exceeded the space available SW., Washington, DC. Normal reading WASHINGTON at existing facilities. In addition, in room hours are 8 a.m. to 4:30 p.m., some locations, such as Hawaii and 1. The authority citation for 7 CFR Monday through Friday, except Puerto Rico, no facilities exist for holidays. To be sure someone is there to part 922 continues to read as follows: quarantining imported horses. The help you, please call (202) 690–2817 Authority: 7 U.S.C. 601–674. demand for quarantine services for before coming. horses cannot always be filled by APHIS documents published in the 2. Section 922.235 is revised to read temporary, privately owned quarantine Federal Register, and related as follows: facilities because such facilities are information, including the names of established, approved, and operated by § 922.235 Assessment rate. organizations and individuals who have importers on a temporary basis to commented on APHIS dockets, are On and after April 1, 2002, an handle only horses imported for a available on the Internet at http:// assessment rate of $2.50 per ton is unique importation, race, or show. www.aphis.usda.gov/ppd/rad/ established for the Washington Apricot As a result of the increasing demand webrepor.html. Marketing Committee. for quarantine space for imported horses FOR FURTHER INFORMATION CONTACT: Dr. and a request from the horse industry to Dated: June 25, 2002. Barbara Bischoff, Staff Veterinarian, establish standards for permanent, Kenneth C. Clayton, National Center for Import and Export, privately owned horse quarantine Acting Administrator, Agricultural Marketing VS, APHIS, 4700 River Road Unit 39, facilities, we are proposing to establish Service. Riverdale, MD 20737–1231; (301) 734– requirements in the regulations for the [FR Doc. 02–16478 Filed 6–28–02; 8:45 am] 8364. approval and operation of such BILLING CODE 3410–02–P SUPPLEMENTARY INFORMATION: facilities. We have considered the
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possible need for permanent, privately of time before all the animals are ‘‘temporary facility’’ means a temporary, owned quarantine facilities for horses in removed and the facility is closed. privately owned quarantine facility for the past. On September 6, 1989, we We are proposing to add requirements horses. published in the Federal Register (54 to the regulations for the establishment We are proposing to revise the FR 36986–36996, Docket No. 85–061) a and approval of permanent, privately definition for operator contained in proposed rule that would have (1) owned quarantine facilities for horses. § 93.300. Operator is currently defined allowed the operation of permanent, These requirements are designed to for the purposes of § 93.308 as ‘‘any privately owned quarantine facilities for maintain the same biological security person operating an approved horses; (2) added new requirements for standards that are currently employed quarantine facility.’’ The revised the approval of temporary, privately in other APHIS-approved permanent definition of operator would be ‘‘a owned quarantine facilities for horses; quarantine facilities. person other than the Federal and (3) required payment from each We believe that the permanent, government who owns or operates a privately owned quarantine facility for privately owned facilities must be temporary, privately owned quarantine services provided by APHIS at the designed, equipped, and monitored facility or a permanent, privately owned facility. These changes would have been similarly to APHIS quarantine facilities quarantine facility.’’ We are proposing made in 9 CFR part 92; however, a 1990 in order to provide sufficient protection this change because we want to final rule reorganized part 92, and the against the introduction of disease. Like emphasize that, although private proposed provisions were no longer an APHIS facility, a permanent, entities would own these facilities, they consistent with the new format of the privately owned quarantine facility would be subject to APHIS approval and part. Because of this inconsistency and could be occupied on a continuing basis oversight. for other reasons, we withdrew the by a large number of horses in different We would also add definitions for the proposed rule and reopened the issue lots.1 Therefore, the risk of disease terms lot, lot-holding area, quarantine for public discussion in a notice of spread within and from permanent area, and nonquarantine area. We withdrawal and an advance notice of facilities would be different than the would define a lot of horses as a group proposed rulemaking published in the risk at temporary facilities. These of horses that, while held on a Federal Register on February 26, 1996 differences dictate that security conveyance or premises, have had (61 FR 7079, Docket No. 95–084–1). measures must be tighter, and disease opportunity for physical contact with Then, on May 6, 1996, we published a detection and prevention measures must other horses in the group or with their notice (61 FR 20189–20190, Docket No. be different, at permanent facilities than excrement or discharges at any time 95–084–2) that we were reopening and at temporary ones. While the during their shipment to the United extending the public comment period requirements for temporary facilities States. A lot-holding area would be an area in a facility in which a single lot established by the advance notice of allow for variation in the physical of horses is held at one time. The proposed rulemaking and holding a plants, the proposed requirements for quarantine area of a facility would be public meeting on May 17, 1996, permanent facilities would ensure a the area of a facility that comprises all regarding the issue of permanent, greater degree of consistency in the of the lot-holding areas in the facility privately owned quarantine facilities for physical plants of those facilities. Such and any other areas that the horses have horses. consistency should help ensure a greater degree of biosecurity. The full text of the access to, including loading docks for We received 10 comments during the receiving and releasing horses. The 2 comment periods and at the public proposed regulations appears in the rule portion of this document. Our quarantine area would also include any meeting just described. Some areas in the facility that are used to commenters supported the concept of discussion of the proposed provisions follows. conduct examinations of horses and permanent, privately owned quarantine take samples or areas where samples are facilities for horses, and some Definitions processed and examined. The commenters were opposed. We have We are proposing to add to § 93.300 nonquarantine area of a facility would considered the comments and have include the area in a permanent, decided to propose regulations that definitions for the terms permanent, privately owned quarantine facility and privately owned quarantine facility that would allow the establishment of includes offices, storage areas, and other permanent, privately owned horse temporary, privately owned quarantine facility to make clear the differences areas outside the quarantine area, and quarantine facilities that would operate that is off limits to horses, samples under the strict oversight of an APHIS between the two types of facilities. A permanent, privately owned quarantine taken from horses that have not yet been veterinarian. We believe that these prepared or packaged for shipment to facilities would provide an effective and facility would be one that offers quarantine services for horses to the laboratories, and any other objects or efficient means of bringing horses into substances that have been in the the United States without compromising general public on a continuing basis and that is owned by an entity other than the quarantine area during quarantine of our ability to protect against the horses. introduction of communicable diseases Federal Government. A temporary, of horses. privately owned quarantine facility Nonsubstantive Changes would be one that offers quarantine We intend to maintain the current The requirements for temporary services for a special event and that is requirements in the regulations for the facilities are currently located in owned by an entity other than the approval of temporary, privately owned § 93.308 (b) and (c). Although we are not Federal Government. Throughout the quarantine facilities for horses. We proposing to make any substantive rest of this document, use of the term believe that these requirements are changes to these requirements, we are ‘‘permanent facility’’ means a sufficient for facilities that are intended proposing to make some nonsubstantive permanent, privately owned quarantine to quarantine horses imported only for changes to update the language. We are facility for horses, and use of the term a particular event. Temporary facilities also proposing to combine paragraphs are generally used to quarantine small 1 Under this proposed rule, APHIS would also (b) and (c), so that all of the numbers of animals in a single group approve permanent, private facilities that are requirements pertaining to the and are in operation only a short period equipped to handle only one lot of horses at a time. establishment and operation of
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temporary facilities are located in apply for approval of a permanent time to evaluate the plans for the paragraph (b). We would place the facility and information concerning facility, assess potential environmental proposed regulations pertaining to denial and withdrawal of approval. effects, and determine that adequate permanent facilities in the newly Owners of any currently approved APHIS personnel are available to staff vacated § 93.308(c). Those regulations quarantine facilities, whether temporary the facility. are described below. In addition, we are or permanent, who wish to convert to, Requests for approval of a proposed proposing to revise the heading for or be recognized as, a permanent facility facility would be evaluated on a first- § 93.309 to indicate more clearly that would need to meet the proposed come, first-served basis. the section pertains to payment requirements for permanent facilities information for use of all quarantine described below and apply for approval Approval Requirements facilities, including privately owned as a permanent facility. Such facilities The proposed regulations also list the temporary and permanent quarantine would need to be approved to operate basic criteria that a permanent facility facilities, and quarantine facilities by APHIS by the effective date of the must meet to be approved by APHIS. owned by APHIS. The section heading final rule for this action, if it is adopted, Under the regulations, a permanent currently reads ‘‘Horse quarantine in order to continue quarantine facility would be required to meet all facilities’’; we believe a more helpful operations. the requirements in § 93.308(c). The heading would be ‘‘Horse quarantine Approval of Permanent Facilities facility would also be required to meet facilities; payment information.’’ any additional requirements that may be Therefore, as proposed, § 93.308(a) Application Process imposed by the Administrator to ensure would contain general information The proposed regulations explain that the quarantine is adequate to enable about quarantine requirements for determination of the horses’ health imported horses; § 93.308(b) would how to apply for approval of a permanent facility. Under the proposed status, as well as to prevent the contain requirements for temporary transmission of diseases into, within, facilities; § 93.308(c) would contain regulations, interested persons would be required to write to the Administrator, and from the facility. These additional requirements for permanent facilities; requirements would be specified in the and § 93.309 would contain information c/o National Center for Import and Export, Veterinary Services, APHIS, compliance agreement required under about payment for services provided at § 93.308(c)(2). Also, under the proposed all quarantine facilities. 4700 River Road, Unit 39, Riverdale, MD 20737–1231. The application letter regulations, APHIS would need to find, Section 93.303 of the regulations based on an environmental analysis, pertains to ports designated for the would be required to include: • The full name and mailing address that the operation of the facility would importation of horses. Paragraph (e) of not have significant environmental that section pertains to ports used by of the applicant. • effects. persons who quarantine horses at The location and street address of We are proposing that, to be approved temporary facilities. The paragraph the facility for which approval is sought. • as a permanent facility, the heading in § 93.303(e) currently reads Blueprints for the facility. • Administrator must determine that ‘‘Ports and quarantine facilities A description of the financial provided by the importer for horses.’’ resources available for construction, sufficient APHIS personnel (including We are proposing to revise the operation, and maintenance of the veterinarians and animal health facility. technicians) are available to ensure the paragraph heading because the owner of • a permanent facility would not The anticipated source or origin of biological security of the facility. necessarily be the importer of the horses horses to be quarantined as well as the Therefore, if a facility met all of the quarantined at the facility. The new expected size and frequency of other proposed requirements and APHIS paragraph heading for § 93.303(e) would shipments. personnel were available, then APHIS • read ‘‘Ports for horses to be quarantined A contingency plan for the possible would approve the facility and assign at privately owned quarantine disposal of all the horses capable of personnel to it. Because the assignment facilities.’’ being housed in the facility. of APHIS personnel would be handled Section 93.304 contains permit If APHIS determines that a submitted on a ‘‘first-come, first-served’’ basis, the requirements for horses imported from application is complete and merits deployment of APHIS personnel at one certain regions. Paragraphs (a) and (a)(2) further consideration, we would require permanent facility might result in contain references to quarantine that the person applying for facility another facility not being approved for facilities provided by importers of approval enter into a compliance lack of necessary APHIS personnel. The horses. Since, in all cases, such facilities agreement with APHIS wherein the Administrator would have sole would be privately-owned facilities, we applicant agrees to pay the cost of all discretion in determining the number of are proposing to revise those paragraphs APHIS services 2 associated with APHIS personnel to be assigned to the to make it clear that they refer to APHIS’s evaluation of the application facility. privately-owned quarantine facilities. and facility. This compliance agreement The proposed regulations also include We are also proposing to clarify that applies only to fees accrued during the procedures for denying or withdrawing under paragraph (a)(2), applications for application process.3 approval of permanent facilities if any permits to import horses from certain Requests for approval would be provision of the regulations is not met. regions or horses intended for required to be submitted to APHIS at The regulations would also establish quarantine at privately-owned least 120 days prior to the date of due process procedures regarding a quarantine facilities may be denied for application for local building permits in denial or withdrawal of approval and an the various reasons described in that order to ensure that APHIS has adequate opportunity for a hearing when there is paragraph. a dispute of material fact regarding the 2 APHIS charges for evaluation services at hourly denial or withdrawal. In addition, Proposed Requirements for Permanent rates in 9 CFR 130.30. approval would be withdrawn Facilities 3 If the facility is approved by APHIS, faciity owners must enter into a new compliance automatically by the Administrator We are proposing to add to the agreement in accordance with § 93.308(c)(2) of the when the owner notifies, in writing, the regulations information about how to proposed regulations. veterinarian in charge for the State in
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which the facility is located that the testing, laboratory procedures, and permanent facility, the Administrator facility is no longer in operation. necropsy examinations; and would consider whether the movement Under the proposed regulations, the • All APHIS charges for the services of horses from the port of entry to the approval of a permanent facility may be of APHIS representatives in accordance proposed facility would pose any denied or withdrawn if: with 9 CFR part 130. significant risk for transmitting • Any requirement of this section or The compliance agreement would communicable livestock diseases. also state that the operator agrees to bar the compliance agreement is not Construction complied with. from the facility any employee or other • The operator fails to pay for APHIS personnel at the facility who fail to We are proposing to require that the services rendered. comply with the proposed regulations facility be of sound construction, in • The operator or a person in § 93.308 (c), other regulations of 9 good repair, and properly designed to responsibly connected with the business CFR part 93, any terms of the prevent the escape of horses from of the permanent facility is or has been compliance agreement, or related quarantine. The facility would be convicted of any crime under any law instructions from APHIS required to have the capacity to receive regarding the importation or quarantine representatives. and house a shipment of horses as a lot of any animal. Physical Plant Requirements on an ‘‘all-in, all-out’’ basis. • The operator or a person In order to ensure the integrity of The proposed requirements for the quarantine operations, we are proposing responsibly connected with the business physical plant of permanent facilities of the permanent facility is or has been to require that the facility be enclosed are designed to ensure that permanent by a security fence that can reasonably convicted of any crime involving fraud, facilities are capable of operating in bribery, or extortion or any other crime be expected to prevent unauthorized accordance with the regulations to persons, horses, and other animals from involving a lack of integrity needed for prevent the spread of diseases to horses the conduct of operations affecting the outside the facility from having contact in different lots within a permanent with horses quarantined in the facility. importation of animals. facility or outside a permanent facility. • The approved permanent facility We would also require that all has not been in use to quarantine horses Location entryways into the nonquarantine area for a period of at least 1 year. To minimize the risk of disease of the facility be equipped with a secure The proposed regulations would introduction from imported horses and lockable door. Further, while horses provide that a person is responsibly moving from the port of entry to the are in quarantine, all access to the connected with the business of the permanent facility, we are proposing to quarantine area for horses would need permanent facility if the person has an require that the facility be located in to be from within the building, and each ownership, mortgage, or lease interest in proximity to a port authorized under such entryway to the quarantine area the facility’s physical plant, or if such § 93.303(e) such that the Administrator would be required to be equipped with person is a partner, officer, director, is able to determine that the movement a series of solid self-closing double holder or owner of 10 percent or more of horses from the port to the permanent doors. Further, entryways to each lot- of its voting stock, or an employee in a facility poses no significant risk of holding area would have to be equipped managerial or executive capacity for the transmitting communicable diseases of with a solid lockable door. Emergency operation of the permanent facility. animals to the domestic animal exits would be permitted in the quarantine area but such exits would be Compliance Agreement population. While requiring that a permanent facility be within proximity required to be constructed so as to We are proposing to prohibit any of the port, we decided for several permit their opening only from the facility from operating as a permanent reasons not to require that the port and inside of the facility in order to ensure facility unless the facility is operated in the facility be located within a certain the security of the horses in quarantine accordance with a compliance distance of one another. Some ports will and the integrity of quarantine agreement executed by the owner and be in large metropolitan areas with the operations. by the APHIS Administrator that must nearest concentration of livestock many We propose to require that the facility be renewed on an annual basis. The miles away. Other ports may be in be constructed so that any windows or compliance agreement would provide towns with rural areas and other openings in the quarantine area that the facility is required to meet all concentrations of livestock within a are double-screened with screening of applicable requirements of § 93.308 of very short distance of the port. sufficient gauge and mesh to prevent the the regulations and that the facility’s Considering the diversity of places in entry or exit of insects and other vectors quarantine operations are subject to the which persons may consider locating of diseases of horses. The screens would strict oversight of APHIS permanent facilities, it would be need to be easily removable for representatives. The compliance difficult to stipulate a maximum cleaning, but otherwise secure enough agreement would also state that the distance from the port of entry. to ensure the biological security of the operator of the facility agrees to be We are further proposing to require facility. responsible for all the costs associated that the facility be located at least one- The facility would need to have with operating a permanent facility, half mile from any premises holding adequate lighting throughout, including including: livestock or horses. We believe that this in stalls and hallways, for the purpose • All costs associated with its distance would be sufficient to prevent of examining horses and conducting maintenance and operation; the aerosol transmission of various necropsies. • All costs associated with the hiring infectious diseases of horses and other The facility would need to have two of employees and other personnel to livestock. separate loading docks: One that is part attend to the horses as well as to The specific routes for the movement of the quarantine area and that is used maintain and operate the facility; of horses from the port to the permanent for receiving and releasing horses, and • All costs associated with the care of facility would have to be approved by one that is part of the nonquarantine quarantined horses, such as feed, the Administrator. In evaluating the area and that is used for general bedding, medicines, inspections, suitability of a particular site for a receiving and pickup.
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We would also require that the facility clothes-storage and clothes-changing quarantine operations. Storage space be constructed so that the floor surfaces area be provided at each end of each would be required to include separate, with which horses have contact are shower area, and that there be one or secure storage for pesticides and for nonslip and wear-resistant. All floor more receptacles near each shower so medical and other biological supplies, surfaces with which the horses, their that clothing that has been worn into a as well as a separate feed storage area, excrement, or discharges have contact lot-holding area or elsewhere in the that is vermin-proof, for feed and would have to provide for adequate quarantine area can be deposited in the bedding, if feed and bedding are to be drainage, and drains would be required receptacle(s) prior to entering the stored at the facility. If the facility has to be at least 8 inches in diameter. All shower. multiple lot-holding areas, we would floor and wall surfaces with which the Because of the need for APHIS require that the facility also have horses, their excrement, or discharges representatives assigned to a permanent separate storage space for supplies and have contact would have to be facility to examine horses and draw equipment for each lot-holding area. impervious to moisture and be able to samples for testing, we would require We are proposing that the facility withstand frequent cleaning and that permanent facilities contain have an area for washing and drying disinfection without deterioration. adequate space for these purposes, and clothes, linens, and towels and an area Other ceiling and wall surfaces with that the space include equipment to for cleaning and disinfecting equipment which the horses, their excrement, or provide for the safe inspection of horses used in the facility. The facility must discharges do not have contact would (i.e., restraining stocks). The facility also include a work area for the repair have to be able to withstand cleaning would need to include adequate storage of equipment. These areas are essential and disinfection between shipments of space for the necessary equipment and to ensure the continuity of quarantine horses. The cleaning and disinfection of supplies, work space for preparing and operations. all of these surfaces would help ensure packaging samples for mailing, and The facility would need to have that disease agents would not be spread storage space for duplicate samples. permanent restrooms in both the from one lot of horses to another. We Moreover, we would require that quarantine and nonquarantine areas of would further require that surfaces with adequate storage space for supplies and the facility in order to eliminate the which the horses could have contact equipment be provided for each lot of need for persons to leave or enter the must not have any sharp edges that horses. A separate storage space for each quarantine area simply to use a could cause injury to the horses. lot of horses would help ensure that restroom. Leaving the quarantine area The facility would need to be equipment used on a horse in one lot would necessitate the person showering constructed so that different lots of would not come into contact with prior to entering the nonquarantine area, horses held at the facility at the same horses from another lot or with and then again upon reentering the time would be separated by physical equipment used on those other horses. quarantine area. barriers in such a manner that horses in Such contact could spread disease The facility would also need to have one lot could not have physical contact between lots of horses. We would an area within the quarantine area for with horses in another lot or with the further require that the facility include breaks and meals in order to eliminate excrement or discharges of horses in a secure, lockable office space with the need for workers to leave the another lot. In addition, we would enough room to contain a desk, chair, quarantine area for breaks. require that permanent facilities include and filing cabinet for APHIS use. We would also require that the facility stalls capable of isolating any horses We would require that the facility be constructed with a heating, exhibiting signs of illness. These contain a necropsy area and that a ventilating, and air conditioning provisions would help ensure that shower be located at the entrance to the (HVAC) system capable of controlling horses infected with or exposed to necropsy area. The necropsy area would and maintaining the ambient disease do not spread the disease or have to provide sufficient space and temperature, air quality, moisture, and expose other horses in the facility to the light to conduct an adequate necropsy of odor at levels that are not injurious or disease. a horse and would have to be equipped harmful to the health of horses in To prevent dissemination of disease with hot and cold running water, a quarantine. We would prohibit air via persons at the facility, we are drain, a cabinet for storing instruments, supplied to lot-holding areas from being proposing to require that the facility a refrigerator-ˆfreezer for storing recirculated or reused for other contain showers for use before entering laboratory specimens, and an autoclave ventilation needs. Further, HVAC and after exiting the areas where the to sterilize veterinary equipment. systems for lot-holding areas would be horses are maintained. Our Providing for necropsies within the required to be separate from air requirements concerning showers facility would reduce the risk of disease handling systems for other operational would depend on the configuration of spread to horses outside the facility and administrative areas of the facility the quarantine area. In those facilities because no carcasses of potentially in order to ensure that air from the where it is possible to move from the diseased horses would need to be quarantine areas is not diverted into nonquarantine area into any lot-holding transported outside the facility prior to nonquarantine areas of the facility. In area without passing through another performance of a necropsy. The addition, if the facility is approved to lot-holding area, we would require that necropsy area would be necessary to handle more than one lot of horses at a a shower be located at the entrance to perform post mortem inspection of time, each lot-holding area would be the quarantine area. In those facilities horses that die in the permanent facility required to have its own separate HVAC where it is not possible to move to and to collect samples for laboratory system that must be designed to prevent certain lot-holding area(s) except by diagnosis. These actions would be cross contamination between the passing through another lot-holding needed to determine if the death of a separate lot-holding areas. area, we would require that a shower be horse was associated with a disease, or The facility, including the lot-holding located at the entrance to each lot- if the death was caused by other factors, areas, would have to be equipped with holding area. A shower would also be such as colic or physical injury. a fire alarm voice communication needed at the entrance to the necropsy We are also proposing to require that system so that personnel working in area (see description of necropsy area the facility have sufficient storage space those areas can be readily warned of any below). We would also require that a for equipment and supplies used in potential emergency and vice versa.
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The facility would also need to have requirement is necessary to ensure that required to notify the designated APHIS a television monitoring system or other facilities can destroy any disease agents representative whenever a breach of arrangement sufficient to provide a full that might be present in a horse carcass. security occurs or is suspected of view of the quarantine area or areas, Further, we would require that occurring. Further, in the event that excluding the clothes changing area. incineration that is carried out at the disease is diagnosed in quarantined The facility would also need to have facility be done in incinerators that are horses, the Administrator could require a communication system between the detached from other facility structures that the operator have the facility nonquarantine and quarantine areas of and that are capable of burning animal guarded by a bonded security company the facility. Such a system would allow waste and refuse as required. We would in a manner that the Administrator persons working in the quarantine area require the incineration site to include deems necessary to ensure the biological to communicate with persons working an area sufficient for solid waste security of the facility. in the nonquarantine area and vice versa holding. Incineration could also take We would require that the operator of without moving from one area to the place at a local site away from the the facility furnish a telephone number other, and therefore, without showering facility premises. Furthermore, we or numbers to APHIS at which the in or out. would require all incineration activities operator or his or her agent can be to be carried out under the direct Sanitation reached at all times while horses are in oversight of APHIS representatives. quarantine. To ensure that proper animal health We would require the facility to have We would also provide that APHIS and biological security measures are the capability to control surface may place APHIS seals on any or all observed, we would require that drainage and effluent into, within, and entrances and exits of the facility when permanent facilities have the equipment from the facility in a manner that determined necessary by APHIS and and supplies necessary to maintain the prevents the spread of disease into, take all necessary steps to ensure that facility in clean and sanitary condition, within, or from the facility. If the facility such seals are broken only in the including pest control equipment and is approved to handle more than one lot presence of an APHIS representative. In supplies and cleaning and disinfecting of horses at the same time, we would the event that someone other than an equipment with adequate capacity to require that the facility have separate APHIS representative breaks such seals, disinfect the facility and equipment. drainage systems for each lot-holding we would consider the act a breach in Facilities would need to maintain area in order to prevent cross security and APHIS representatives separate equipment and supplies for contamination. would make an immediate accounting each lot of horses. of all horses in the facility. If we We would require facilities to Security determine that a breach in security has maintain a supply of potable water We would require that the facility and occurred, we may extend the quarantine adequate to meet all watering and premises be kept locked and secure at period for horses as long as necessary to cleaning needs at the facility. We would all times to ensure the integrity of ensure that the horses are free of also require that water faucets for hoses quarantine operations. We would also communicable diseases. be located throughout the facility to require the facility and premises to have ensure that personnel would not need to signs indicating that the facility is a Operating Procedures drag hoses across areas that have quarantine area and no visitors are APHIS Oversight already been cleaned and disinfected. allowed. We would also require that an The facility and premises would also The quarantine of horses at the emergency supply of water for horses in need to be guarded at all times by one facility would be subject to the strict quarantine be maintained at the facility. or more representatives of a bonded oversight of APHIS representatives, who Facilities would also need to maintain security company or, alternatively, could include one or more veterinarians a stock of disinfectant authorized in would need to have an electronic and other professional, technical, and § 71.10(a)(5) of the regulations, or security system that would indicate the support personnel employed by APHIS otherwise approved by the entry of unauthorized persons into the and authorized to perform the services Administrator, and that is sufficient to facility. We would require that such an required by the regulations and the disinfect the entire facility. electronic security system be compliance agreement. Unlike We would also require permanent coordinated either through or with the temporary facilities, which are facilities to have the capability to local police so that the quarantine inspected on a regular basis by an dispose of wastes, including manure, facility is monitored whenever APHIS APHIS veterinarian, a permanent urine, and used bedding, by means of representatives are not at the facility. facility would have at least one APHIS burial, incineration, or public sewer. We would also require that such an representative overseeing the care of all Facilities would need to handle other electronic security system be of the horses in quarantine during normal waste material in a manner that ‘‘silent type’’ triggered to ring at the working hours. Depending on the size of minimizes spoilage and the attraction of monitoring site and not at the facility. the facility and the number of horses pests and would need to dispose of the The electronic security system would present, additional APHIS veterinarians waste material by incineration, public need to be approved by Underwriter’s and animal health technicians could be sewer, or other preapproved manner Laboratories. We would also require that necessary to ensure adequate oversight that prevents the spread of disease. the operator provide written of the horses in quarantine. The Disposal of wastes would need to be instructions to the monitoring agency deployment of APHIS representatives to carried out under the direct oversight of stating that the police and a oversee and provide other professional, APHIS representatives. representative of APHIS designated by technical, and support services at a We would further require permanent APHIS must be notified by the quarantine facility would be determined facilities to have the capability to monitoring agency if the alarm is solely by the Administrator. dispose of horse carcasses in a manner triggered. The operator would be If for any reason, the operator fails to approved by the Administrator and required to submit a copy of those properly care for, feed, or handle the under conditions that minimize the risk instructions to the Administrator. The quarantined horses as required under of disease spread from carcasses. This operator of the facility would be the regulations, or fails to maintain and
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operate the facility as provided in this as well as any other person granted disinfectant authorized in § 71.10(a)(5) section, APHIS representatives would access to the quarantine area, must: of the regulations or otherwise approved be authorized by the compliance • Shower when entering and leaving by the Administrator. The equipment agreement to furnish such neglected the quarantine area; would have to remain dedicated to the services or make arrangements for the • Shower before entering a lot- facility for the entire quarantine period sale or disposal of quarantined horses at holding area, if previously exposed from in order to preclude the spread of the quarantine facility owner’s expense. access to another lot-holding area; disease agents outside the facility. Any • Shower when leaving the necropsy equipment used with quarantined Personnel area if a necropsy is in the process of horses (e.g., halters, floats) would have We propose to require the operator of being performed or has just been to remain dedicated to that particular lot the facility to provide adequate completed, or if all or portions of the of quarantined horses for the duration of personnel to maintain the facility and examined animal remain exposed; the quarantine period or be cleaned and care for the horses in quarantine, • Wear clean protective work clothing disinfected before coming in contact including attendants to care for and feed and footwear upon entering the with horses from another lot to ensure the horses, and other personnel to quarantine area; that no cross contamination occurs. maintain, operate, and administer the • Wear disposable gloves when Prior to its use on another lot of horses facility. handling sick horses, and then wash or its removal from the quarantine We are also proposing to require that hands after removing gloves; premises, any equipment would have to the operator provide APHIS with a list • Change protective clothing, be cleaned and disinfected to the of employees and other personnel footwear, and gloves when they become satisfaction of an APHIS representative. assigned to work at the facility. The list soiled or contaminated; The proposed regulations would also would need to include the names, • Not have contact with any horses in require that any vehicle, upon entering current residential addresses, and the facility other than the lot or lots of or leaving the quarantine area of the identification numbers of employees horses to which the person is assigned facility, be immediately cleaned and and other personnel, and would need to or is granted access; and disinfected under the oversight of an be updated with any changes or • Not have had contact with any APHIS representative with a additions in advance of such employee horses outside the quarantine facility for disinfectant authorized in § 71.10(a)(5) or other personnel working at the at least 7 days after the last contact with of the regulations. quarantine facility. These requirements the horses in quarantine, or for a period Further, we would require that the are necessary to ensure that APHIS has of time determined by the overseeing area of the facility in which a lot of knowledge of, and can identify, all APHIS representative as necessary to horses has been held must be persons working at the facility. prevent the transmission of thoroughly cleaned and disinfected In conjunction with the above communicable diseases of horses. under the oversight of an APHIS requirements, we would require the The above requirements are necessary to representative upon release of the operator to provide APHIS with signed ensure the integrity of quarantine horses, with a disinfectant authorized in statements from each employee and operations at facilities. § 71.10(a)(5) before a new lot of horses other personnel hired by the operator Further, the operator would be is placed in that area of the facility. This and working at the facility in which the responsible for providing a sufficient requirement is necessary to ensure that person agrees to comply with supply of clothing and footwear to horses entering quarantine are not § 93.308(c) of the regulations, other ensure that workers and others provided exposed to disease agents present in the applicable provisions of 9 CFR part 93, access to the quarantine area at the previous lot of horses. all terms of the compliance agreement, facility have clean, protective clothing Handling of the Horses in Quarantine and any related instructions from and footwear at the start of the workday APHIS representatives pertaining to and when they move from one lot of Under the proposed regulations, quarantine operations, including contact horses to another lot of horses. horses that are quarantined in private with animals both inside and outside The operator or the operator’s facilities would have to undergo the the facility. designated representative would also be appropriate quarantine specified in responsible for the proper handling, § 93.308(a) and would be subject to any Authorized Access washing, and disposal of soiled and other applicable regulations in title 9 of We are also proposing to grant access contaminated clothing worn within the the Code of Federal Regulations. For the to the quarantine facility premises as quarantine facility in a manner purposes of quarantine operations, well as inside the quarantine facility approved by the overseeing APHIS private facilities would operate no only to APHIS representatives and representative as adequate to preclude differently than Federal horse authorized employees and other transmission of any animal disease quarantine facilities. personnel of the operator assigned to agent from the facility. At the end of Each lot of horses to be quarantined work at the facility. All other persons each workday, work clothing worn into would be required to be placed in the would be prohibited from the premises each lot-holding area would need to be facility on an ‘‘all-in, all-out’’ basis. unless specifically granted access by the collected and kept in a bag until the Under this requirement, no horse could overseeing APHIS representative. Any clothing is washed. Used footwear be taken out of the lot while it is in visitors granted access would be would either be left in the clothes quarantine, except for diagnostic required to be accompanied at all times changing area or cleaned with hot water purposes, and no horse could be added by an APHIS representative while on (148 °F minimum) and detergent and to the lot while the lot is in quarantine. the premises or in the quarantine area disinfected as directed by an APHIS The regulations would require that of the facility. representative. the facility provide sufficient feed and We would require that all equipment bedding that is free of vermin and that Sanitary Requirements (including tractors) be cleaned and is not spoiled for the horses in Under the proposed regulations, all disinfected prior to being used in a quarantine. Feed and bedding would be facility employees and other personnel, quarantine area of the facility with a required to originate from an area that
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is not listed in 9 CFR 72.2 as an area confirmation. We would require the permanent facilities could operate quarantined for splenetic or tick fever. horses to be disposed of under the direct without posing a risk of foreign disease We would prohibit the breeding of oversight of APHIS representatives. We introduction and allow U.S. horse horses or the collection of germplasm would require the operator to have a importers another option for from horses during the quarantine preapproved contingency plan for the quarantining imported horses. We period unless necessary for a required possible disposal of all horses housed in welcome public comment on the import testing procedure. This the facility prior to issuance of an proposed regulations. prohibition is necessary because horses import permit. This requirement is Executive Order 12866 and Regulatory under quarantine will not have passed essential to ensure that diseased horses Flexibility Act all entry tests or requirements and could can be disposed of without posing a risk be diseased and refused entry. Breeding of disseminating diseases outside the This proposed rule has been reviewed and collection of germplasm should quarantine facility. under Executive Order 12866. The rule only take place after horses have has been determined to be not Records fulfilled all entry requirements. significant for the purposes of Executive We propose to require that horses in It would be the facility operator’s Order 12866 and, therefore, has not quarantine be subjected to such tests responsibility to maintain a current been reviewed by the Office of and procedures as directed by the daily log to record the entry and exit of Management and Budget. overseeing APHIS representative to all persons entering and leaving the In accordance with 5 U.S.C. 603, we determine whether they are free from quarantine facility. We would require have performed an initial regulatory communicable diseases of horses. We the operator or the operator’s designated flexibility analysis, which is set out would allow horses in quarantine to be representative to hold the log, along below, regarding the economic effects of vaccinated only with vaccines that have with any logs kept by APHIS and this proposed rule on small entities. been approved by APHIS and that are deposited with the operator, for at least Based on the information we have, there administered by an APHIS veterinarian 2 years following the date of release of is no basis to conclude that this rule or an accredited veterinarian under the the horses from quarantine and to make will result in any significant economic direct oversight of an APHIS such logs available to APHIS effect on a substantial number of small representative. APHIS will only approve representatives upon request. entities. However, we do not currently use of vaccines that are licensed by Environmental Requirements have all of the data necessary for a APHIS in accordance with § 102.5 of comprehensive analysis of the effects of We propose to provide that, if APHIS this chapter.4 this proposed rule on small entities. determines that a privately operated We would require that any death or Therefore, we are inviting comments on quarantine facility does not meet all suspected illness of horses in quarantine potential effects. applicable local, State, and Federal be reported immediately to the This proposed rule would allow the environmental regulations, APHIS overseeing APHIS representative so that establishment and operation, under reserves the right to deny or suspend appropriate measures are taken to strict APHIS oversight, of permanent, approval of the facility until appropriate ensure the health of the other horses in privately owned quarantine facilities for remedial measures have been applied. quarantine. The affected horses would horses imported into the United States. This requirement is necessary to ensure be required to be disposed of as the Currently, APHIS allows the that APHIS-approved facilities meet all Administrator may direct or, depending establishment of privately owned applicable waste disposal and other on the nature of the disease, would be quarantine facilities for horses on a environmental quality standards. required to be cared for as directed by temporary basis. Such temporary the overseeing APHIS representative. Variances facilities are used to quarantine horses The regulations would provide that The Administrator may grant imported for a particular event or quarantined horses requiring variances to the proposed requirements purpose. APHIS has also authorized the specialized medical attention or relating to location, construction, and operation of one permanent, privately additional postmortem testing may be other design features of the physical owned and operated animal quarantine transported off the quarantine site, if facility as well as sanitation, security, facility in Los Angeles County, CA. authorized by the overseeing APHIS operating procedures, recordkeeping, In accordance with 21 U.S.C. 111, the representative. In such situations, a and other provisions of the regulations, Secretary is authorized to promulgate second quarantine site would have to be but only if the Administrator determines regulations and take such measures as established to house the horses at the that the variance causes no detrimental he may deem proper to prevent the facility of destination (e.g., veterinary impact to the overall biological security introduction or dissemination of the college hospital) and the overseeing of the quarantine operation. The contagion of any contagious, infectious, APHIS representative could extend the operator of a permanent facility would or communicable disease of animals quarantine period until the results of have to submit a request for a variance from a foreign country into the United any outstanding tests or postmortems to the Administrator in writing at least States. are received. 30 days in advance of the arrival of The horse industry in the United Further, if we determine that a lot of horses to the facility. Any variance States accounts for approximately $25.3 horses is infected with or exposed to a would also have to be expressly billion of the U.S. gross national communicable disease of horses, we provided for in the compliance product. Of this amount, 98 percent would require that arrangements for the agreement. comes from 22 States; in 7 of these final disposition of the infected or In conjunction with these changes, we States (California, Florida, Kentucky, exposed lot be accomplished within 10 would also make editorial changes to New York, Pennsylvania, Texas, and work days following disease § 93.310 of the regulations to update the Virginia), the horse industry grosses regulations and make them easier to more than $500 million annually. In 4 A list of approved vaccines is available from Natioanl Center for Import and Export, Veterinary understand. 2000, economic activities related to Services, APHIS, 4700 River Road Unit, Riverdale, We believe that these proposed horses generated approximately $1.9 Maryland 20737–1231. regulations would ensure that billion in tax revenues, most of which
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were generated in States where Importers of Horses and Horse Farms APHIS will publish a notice in the parimutuel betting was allowed. According to SBA criteria, a farm that Federal Register for each environmental Trade in live horses between the keeps horses for breeding and has assessment we conduct in this regard if United States and other countries has annual revenues less than $500,000 is this proposed rule is finalized, and we increased considerably over the last considered a small entity. According to would invite public comment on each several years. Even though the United the 1997 Census of Agriculture, more site-specific environmental assessment. States is a net exporter of live horses, than 98 percent of these farms had an Paperwork Reduction Act imports of live horses have increased annual revenue of less than $500,000, In accordance with section 3507(d) of dramatically. Specifically, from 1992 to placing them in the SBA’s category of a the Paperwork Reduction Act of 1995 1999, U.S. imports of live horses small entity. (44 U.S.C. 3501 et seq.), the information increased by 345 percent in terms of The establishment of permanent, collection or recordkeeping value (from $76.2 million to $339.2 privately owned quarantine facilities for requirements included in this proposed million) and by 80 percent in number horses would clearly benefit the horse rule have been submitted for approval to (from 16,962 horses to 30,396 horses). industry if the volume and worth of live the Office of Management and Budget horse imports continues to increase. The increased demand for importing (OMB). Please send written comments These facilities would save time and horses in the United States has resulted to the Office of Information and money for U.S. importers of horses and in an increased demand for import Regulatory Affairs, OMB, Attention: may also have positive economic effects quarantine services. The demand for Desk Officer for APHIS, Washington, DC for horse transporters and for horse these services exceeds what can be 20503. Please state that your comment owners who use imported horses. While provided at current Federal facilities. As refers to Docket No. 99–012–1. Please it is not possible for us to predict the can be seen from the data above, horses send a copy of your comment to: (1) amount of the expected positive play an important role in the Docket No. 99–012–1, Regulatory financial effects on horse importers, international trade of the United States. Analysis and Development, PPD, savings to U.S. importers could come APHIS, suite 3C03, 4700 River Road Effects on Small Entities from a reduction in time spent waiting Unit 118, Riverdale, MD 20737–1238, for available space in Federal quarantine and (2) Clearance Officer, OCIO, USDA, We have identified two types of facilities. room 404–W, 14th Street and entities that could be affected by The additional number of horses that Independence Avenue, SW., implementation of this rule; an existing might be imported into the United Washington, DC 20250. A comment to permanent, privately owned quarantine States as a result of this proposed rule OMB is best assured of having its full facility and horse importers or farmers. is not known. However, because the effect if OMB receives it within 30 days proposed rule is expected to result in Quarantine Facilities of publication of this proposed rule. the opening of only one or two Because recent demand for quarantine According to Small Business additional quarantine facilities in the services for horses has exceeded the Administration (SBA) criteria, the next several years, the effect upon the space available at existing facilities, we existing permanent, privately owned price of an imported horse is likely to are proposing to allow the establishment quarantine facility that operates in Los be small but positive (in terms of a of permanent, privately owned horse Angeles County, CA, is considered a lower price to the buyer). quarantine facilities if they meet small entity. This proposed rule contains information collection requirements, requirements proposed in this If this proposed rule is implemented, which have been submitted for approval document. Accomplishing this will that quarantine facility may need to to the Office of Management and Budget necessitate the use of several upgrade its facilities to be in compliance (see ‘‘Paperwork Reduction Act’’ below). information collection activities, with the proposed requirements. If and including an application for facility when the facility is approved for Executive Order 12988 approval, a compliance agreement operation under the proposed This proposed rule has been reviewed explaining the conditions under which regulations, the cost of any needed under Executive Order 12988, Civil the facility must be operated, and a renovations to the facility, as well as the Justice Reform. If this proposed rule is certification that the facility meets all costs associated with being in adopted: (1) All State and local laws and applicable environmental regulations. compliance with the proposed regulations that are inconsistent with We are soliciting comments from the regulations, would likely be passed on this rule will be preempted; (2) no public (as well as affected agencies) to importers of horses who elect to use retroactive effect will be given to this concerning our proposed information the facility to quarantine imported rule; and (3) administrative proceedings collection and recordkeeping horses. will not be required before parties may requirements. These comments will However, given the increased demand file suit in court challenging this rule. help us: for quarantine services in the United (1) Evaluate whether the proposed States, the small number of Federal National Environmental Policy Act information collection is necessary for horse quarantine facilities currently in An environmental assessment has not the proper performance of our agency’s operation, and the fact that there are no been prepared for this proposed rule. functions, including whether the other permanent, privately owned Because the environmental impacts that information will have practical utility; quarantine facilities operating at this could result from implementation of (2) Evaluate the accuracy of our time, it is not likely that this action this proposal would vary according to estimate of the burden of the proposed would have a significant effect on the the location and design of the facility information collection, including the facility in the long run. Nevertheless, at being approved, APHIS has determined validity of the methodology and this time, we are unable to determine site-specific environmental assessments assumptions used; the effect that implementation of this must be conducted for each permanent, (3) Enhance the quality, utility, and rule would have on the facility’s privately owned horse quarantine clarity of the information to be business volume and revenue. facility prior to approval of the facility. collected; and
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(4) Minimize the burden of the during their shipment to the United removed, and the words ‘‘regulations or information collection on those who are States. horses intended for quarantine at a to respond (such as through the use of Lot-holding area. That area in a privately-owned quarantine facility’’ appropriate automated, electronic, permanent, privately owned quarantine would be added in their place. mechanical, or other technological facility in which a single lot of horses 7. In § 93.308, paragraphs (b) and (c) collection techniques or other forms of is held at one time. would be revised to read as follows: information technology; e.g., permitting Nonquarantine area. That area in a § 93.308 Quarantine requirements. electronic submission of responses). permanent, privately owned quarantine Estimate of burden: Public reporting facility that includes offices, storage * * * * * burden for this collection of information areas, and other areas outside the (b) Temporary, privately owned is estimated to average .78571 hours per quarantine area, and that is off limits to quarantine facilities. Horses presented response. horses, samples taken from horses, and for entry into the United States as Respondents: Owners of approved any other objects or substances that provided in § 93.303(e) of this part may permanent, privately owned horse have been in the quarantine area during be quarantined in temporary, privately quarantine facilities and applicants for quarantine of horses. owned quarantine facilities that meet approval. Operator. A person other than the the requirements of paragraphs (b)(1) Estimated annual number of Federal Government who owns or and (2) of this section and that have respondents: 3. operates a temporary, privately owned been approved by the Administrator for Estimated annual number of quarantine facility or a permanent, a specific importation. responses per respondent: 4.666. privately owned quarantine facility. (1) Approval. Requests for approval Estimated annual number of Quarantine area. That area in a and plans for proposed temporary responses: 14. permanent, privately owned quarantine facilities must be submitted no less than Estimated total annual burden on facility that comprises all of the lot- 15 days before the proposed date of respondents: 11 hours. holding areas in the facility and any entry of horses into the facility to Copies of this information collection other areas in the facility that horses APHIS, Veterinary Services, National can be obtained from: Mrs. Celeste have access to, including loading docks Center for Import and Export, 4700 Sickles, APHIS’ Information Collection for receiving and releasing horses, and River Road, Unit 39, Riverdale, MD Coordinator, at (301) 734–7477. any areas used to conduct examinations 20737–1231. Before facility approval List of Subjects in 9 CFR Part 93 of horses and take samples and any can be granted, a veterinary medical areas where samples are processed or officer of APHIS must inspect the Animal diseases, Imports, Livestock, examined. facility to determine whether it Poultry and poultry products, Permanent, privately owned complies with the standards set forth in Quarantine, Reporting and quarantine facility. A facility that offers this section: Provided, however, that recordkeeping requirements. quarantine services for horses to the approval of any temporary facility and Accordingly, we propose to amend 9 general public on a continuing basis and use of such facility will be contingent CFR part 93 as follows: that is owned by an entity other than the upon a determination made by the Federal Government (also permanent Administrator that adequate personnel PART 93—IMPORTATION OF CERTAIN facility). are available to provide required ANIMALS, BIRDS, AND POULTRY, services at the facility. Approval of any AND CERTAIN ANIMAL, BIRD, AND * * * * * Temporary, privately owned facility may be refused and approval of POULTRY PRODUCTS; quarantine facility. A facility that offers any quarantine facility may be REQUIREMENTS FOR MEANS OF quarantine services for horses imported withdrawn at any time by the CONVEYANCE AND SHIPPING for a special event and that is owned by Administrator, upon his or her CONTAINERS an entity other than the Federal determination that any requirements of 1. The authority citation for part 93 Government (also temporary facility). this section are not being met. Before would continue to read as follows: * * * * * such action is taken, the operator of the facility will be informed of the reasons Authority: 7 U.S.C. 1622; 19 U.S.C. 1306; 4. In § 93.303, paragraph (e), the 21 U.S.C. 102–105, 111, 114a, 134a, 134b, paragraph heading would be revised to for the proposed action by the 134c, 134d, 134f, 136, and 136a; 31 U.S.C. read as follows: Administrator and afforded an 9701; 7 CFR 2.22, 2.80, and 371.4. opportunity to present his or her views. § 93.303 Ports designated for the If there is a conflict as to any material importation of horses. Subart C—[Amended] fact, a hearing will be held to resolve the * * * * * conflict. The cost of the facility and all 2. In part 93, subpart C, footnotes 16, (e) Ports for horses to be quarantined maintenance and operational costs of 17, 18, and 19 and their references at privately owned quarantine facilities. the facility will be borne by the would be redesignated as footnotes 18, *** operator. 19, 20, and 21, respectively. * * * * * (2) Standards and handling 3. Section 93.300 would be amended procedures. The facility must be by revising the definition for ‘‘operator’’ § 93.304 [Amended] maintained and operated in accordance and by adding, in alphabetical order, 5. In § 93.304, paragraph (a), the with the following standards: new definitions to read as follows: introductory text, the words ‘‘quarantine (i) Inspection. Inspection and facility provided by the importer’’ quarantine services will be arranged by § 93.300 Definitions. would be removed, and the words the operator or his or her agent with the * * * * * ‘‘privately-owned quarantine facility’’ APHIS veterinarian in charge for the Lot. A group of horses that, while held would be added in their place. State in which the approved facility is on a premises or conveyance, have had 6. In § 93.304, paragraph (a)(2), the located 15 no less than 7 days before the opportunity for physical contact with words ‘‘regulations, horses intended for other horses in the group or with their quarantine at a quarantine facility 15 The name and address of the veterinarian in excrement or discharges at any time provided by the importer,’’ would be charge in any State is available from APHIS,
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proposed date of entry of the horses into United States that are quarantined in an (B) The facility must meet all of the the quarantine facility. approved temporary facility must be requirements of this section; (ii) Physical plant requirements. handled in accordance with paragraph (C) The facility must meet any (A) The facility must be located and (a) of this section while in quarantine. additional requirements that may be constructed to prevent horses from (c) Permanent, privately owned imposed by the Administrator in each having physical contact with animals quarantine facilities. Horses presented specific case, as specified in the outside the facility. for entry into the United States as compliance agreement required under (B) The facility must be constructed provided in § 93.303(e) of this part may paragraph (c)(2) of this section, to only with materials that can withstand be quarantined in permanent, privately ensure that the quarantine of horses in repeated cleaning and disinfection. (All owned quarantine facilities approved by the facility will be adequate to enable walls, floors, and ceilings must be the Administrator as meeting the determination of their health status, as constructed of solid material that is requirements of paragraphs (c)(1) well as to prevent the transmission of impervious to moisture.) Doors, through (7) of this section. diseases into, within, and from the windows, and other openings of the (1) APHIS approval. facility; and facility must be provided with double (i) Approval procedures. Persons (D) The Administrator must screens that will prevent insects from seeking APHIS approval of a permanent, determine that sufficient personnel, entering the facility. privately-owned quarantine facility including one or more APHIS (iii) Sanitation and security. (A) The must write to the Administrator, c/o veterinarians and other professional, operator must arrange for a supply of National Center for Import and Export, technical, and support personnel, are water adequate to clean and disinfect Veterinary Services, APHIS, 4700 River available to serve as APHIS the facility. Road, Unit 39, Riverdale, MD 20737– representatives at the facility and (B) All feed and bedding must 1231. The application letter must provide continuous oversight and other originate from an area not under include the full name and mailing technical services to ensure the quarantine because of splenetic or tick address of the applicant; the location biological security of the facility, if fever (see part 72 of this chapter) and and street address of the facility for approved. APHIS will assign personnel must be stored within the facility. which approval is sought; blueprints of to facilities requesting approval in the (C) Upon the death or destruction of the facility; a description of the order that the facilities are approved. any horse, the operator must arrange for financial resources available for The Administrator has sole discretion the disposal of the horse’s carcass by construction, operation, and on the number of APHIS personnel to be incineration. Disposal of all other waste maintenance of the facility; the assigned to the facility. removed from the facility during the anticipated source or origin of horses to (iii) Maintaining approval. To time the horses are in quarantine or be quarantined, as well as the expected maintain APHIS approval, the operator from horses that are refused entry into size and frequency of shipments; and a must continue to comply with all the the United States must be either by contingency plan for the possible requirements of paragraph (c) of this incineration or in a public sewer system disposal of all the horses capable of section and the terms of the compliance that meets all applicable environmental being housed in the facility. agreement executed in accordance with quality control standards. Following (A) If APHIS determines that an paragraph (c)(2) of this section. completion of the quarantine period and application is complete and merits (iv) Withdrawal or denial of approval. the release of the horses into the United further consideration, the person Approval for a proposed privately States, all waste may be removed from applying for facility approval must enter owned quarantine facility may be the quarantine facility without further into a compliance agreement with denied or approval for a facility already restriction. APHIS wherein the applicant agrees to in operation may be withdrawn at any (D) The facility will be maintained pay the cost of all APHIS services time by the Administrator, for any of the and operated in accordance with any associated with APHIS’s evaluation of reasons provided in paragraph additional requirements the the application and facility. APHIS (c)(1)(iv)(C) of this section. Administrator deems appropriate to charges for evaluation services at hourly (A) Before facility approval is denied prevent the dissemination of any rates listed in § 130.30 of this title. This or withdrawn, APHIS will inform the communicable disease. compliance agreement applies only to operator of the proposed or existing (E) The facility must comply with all fees accrued during the application quarantine facility and include the applicable local, State, and Federal process. If the facility is approved by reasons for the proposed action. If there requirements for environmental quality. APHIS, facility owners must enter into is a conflict as to any material fact, (iv) Personnel. (A) Access to the a new compliance agreement in APHIS will afford the operator, upon facility will be granted only to persons accordance with paragraph (c)(2) of this request, the opportunity for a hearing working at the facility or to persons section. with respect to the merits or validity of specifically granted such access by an (B) Requests for approval must be such action in accordance with the rules APHIS representative. submitted to APHIS at least 120 days of practice that APHIS adopts for the (B) The operator must provide prior to the date of application for local proceeding. attendants for the care and feeding of building permits. Requests for approval (B) Withdrawal of approval of an horses while in the quarantine facility. existing facility will become effective (C) Persons working in the quarantine will be evaluated on a first-come, first- prior to final determination in the facility may not come in contact with served basis. (ii) Criteria for approval. Before a proceeding when the Administrator any horses outside the quarantine facility may operate as a permanent, determines that such action is necessary facility during the quarantine period for privately owned quarantine facility for to protect animal health or the public any horses in the facility. health, interest, or safety. Such (v) Handling of horses in quarantine. horses, it must be approved by APHIS. withdrawal will be effective upon oral Horses offered for importation into the To be approved: (A) APHIS must find, based on an or written notification, whichever is Veterinary Services, National Center for Import and environmental analysis, that the earlier, to the operator of the facility. In Export, 4700 River Road, Unit 39, Riverdale, MD operation of the facility will not have the event of oral notification, APHIS 20737–1231. significant environmental effects; will give written confirmation to the
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operator of the facility as promptly as (A) The facility must meet all doors. Entryways to each lot-holding circumstances allow. This withdrawal applicable requirements of this section; area must be equipped with a solid will continue in effect pending the (B) The facility’s quarantine lockable door. Emergency exits to the completion of the proceeding and any operations are subject to the strict outside may exist in the quarantine area. judicial review, unless otherwise oversight of APHIS representatives; Such emergency exits must be ordered by the Administrator. In (C) The operator agrees to be constructed so as to permit their addition to withdrawal of approval for responsible for the cost of the facility; opening from the inside of the facility the reasons provided in paragraph all costs associated with its maintenance only. (c)(1)(iv)(C) of this section, the and operation; all costs associated with (C) Windows and other openings. The Administrator will also automatically the hiring of employees and other facility must be constructed so that any withdraw approval when the operator of personnel to attend to the horses as well windows or other openings in the any approved facility notifies the APHIS as to maintain and operate the facility; quarantine area are double-screened veterinarian in charge for the State in all costs associated with the care of with screening of sufficient gauge and which the facility is located, in writing, quarantined horses, such as feed, mesh to prevent the entry or exit of that the facility is no longer in bedding, medicines, inspections, insects and other vectors of diseases of operation.16 testing, laboratory procedures, and horses. The interior and exterior screens (C) Except as provided in paragraph necropsy examinations; and all APHIS must be separated by at least 3 inches (c)(1)(iv)(E) of this section, the charges for the services of APHIS (7.62 cm). All screening of windows or Administrator may deny or withdraw representatives in accordance with this other openings must be easily approval of a permanent privately section and part 130 of this chapter; and removable for cleaning, yet otherwise owned quarantine facility if: (D) The operator agrees to bar from remain locked and secure at all times in (1) Any requirement of this section or the facility any employee or other a manner satisfactory to APHIS the compliance agreement is not personnel at the facility who fails to representatives in order to ensure the complied with; or comply with paragraph (c) of this biological security of the facility. (2) The operator fails to remit any section or other provisions of this part, (D) Lighting. The facility must have charges for APHIS services rendered; or any terms of the compliance agreement, adequate lighting throughout, including (3) The operator or a person or related instructions from APHIS in stalls and hallways, for the purpose responsibly connected with the business representatives; of examining the horses and conducting of the quarantine facility is or has been (3) Physical plant requirements. The necropsies. (E) Loading docks. The facility must convicted of any crime under any law facility must meet the following include separate docks for animal regarding the importation or quarantine requirements as determined by an receiving and releasing and for general of any animal; or APHIS inspection before horses may be receiving and pickup. (4) The operator or a person admitted to it: (i) Location. The quarantine facility (F) Surfaces. The facility must be responsibly connected with the business constructed so that the floor surfaces of the quarantine facility is or has been must be located: (A) In proximity to a port authorized with which horses have contact are convicted of any crime involving fraud, under § 93.303(e) of this part of this part nonslip and wear-resistant. All floor bribery, or extortion or any other crime such that the movement of the imported surfaces with which the horses, their involving a lack of integrity needed for horses along preapproved routes from excrement, or discharges have contact the conduct of operations affecting the the port to the quarantine facility poses must provide for adequate drainage, and importation of animals; or no significant risk, as determined by the drains must be at least 8 inches in (5) The approved quarantine facility Administrator, of transmitting diameter. All floor and wall surfaces has not been in use to quarantine horses communicable diseases of horses. with which the horses, their excrement, for a period of at least 1 year. (B) At least one-half mile from any or discharges have contact must be (D) For the purposes of this section, premises holding livestock or horses. impervious to moisture and be able to a person is deemed to be responsibly (ii) Construction. The facility must be withstand frequent cleaning and connected with the business of the of sound construction, in good repair, disinfection without deterioration. quarantine facility if such person has an and properly designed to prevent the Other ceiling and wall surfaces with ownership, mortgage, or lease interest in escape of quarantined horses. It must which the horses, their excrement, or the facility’s physical plant, or if such have adequate capacity to receive and discharges do not have contact must be person is a partner, officer, director, house a shipment of horses as a lot on able to withstand cleaning and holder or owner of 10 percent or more an ‘‘all-in, all-out’’ basis and must disinfection between shipments of of its voting stock, or is an employee in include the following: horses. All floor and wall surfaces must a managerial or executive capacity. (A) Perimeter fencing. The facility be free of sharp edges that could cause (2) Compliance agreement. (i) All must be surrounded by a security fence injury to horses. permanent, privately owned quarantine of sufficient height and design to (G) Means of isolation. Physical facilities for horses must operate in prevent the entry of unauthorized barriers must separate different lots of accordance with a compliance people and animals from outside the horses in the facility so that horses in agreement executed by the operator or facility and to prevent the escape of the one lot cannot have physical contact his or her agent and the Administrator, horses in quarantine. with horses in another lot or with their and that must be renewed on an annual (B) Entrances and exits. All entryways excrement or discharges. Stalls must be basis. into the nonquarantine area of the available that are capable of isolating (ii) The compliance agreement must facility must be equipped with a secure any horses exhibiting signs of illness. provide that: and lockable door. While horses are in (H) Showers. In a facility where it is quarantine, all access to the quarantine possible to move from the 16 The name and address of the veterinarian in area for horses must be from within the nonquarantine area into any lot-holding charge in any State is available from APHIS, Veterinary Services, National Center for Import and building, and each such entryway to the area without passing through another Export, 4700 River Road, Unit 39, Riverdale, MD quarantine area must be equipped with lot-holding area, the facility must have 20737–1231. a series of solid self-closing double a shower at the entrance to the
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quarantine area. In a facility where it is (O) Ventilation and climate control. that prevents the spread of disease. not possible to move to any lot-holding The facility must be constructed with a Disposal of wastes must be carried out area except by first passing through heating, ventilating and air conditioning under the direct oversight of APHIS another lot-holding area, the facility (HVAC) system capable of controlling representatives. must have a shower at the entrance to and maintaining the ambient (F) The capability to dispose of horse each lot-holding area. A shower must be temperature, air quality, moisture, and carcasses in a manner approved by the located at the entrance to the necropsy odor at levels that are not injurious or Administrator and under conditions area. A clothes-storage and clothes- harmful to the health of horses in that minimize the risk of disease spread changing area must be provided at each quarantine. Air supplied to lot-holding from carcasses. end of each shower area. There must areas must not be recirculated or reused (G) For incineration to be carried out also be one or more receptacles near for other ventilation needs. HVAC at the facility, incineration equipment each shower so that clothing that has systems for lot-holding areas must be that is detached from other facility been worn into a lot-holding area or separate from air handling systems for structures and is capable of burning elsewhere in the quarantine area can be other operational and administrative animal waste and refuse as required. deposited in the receptacle(s) prior to areas of the facility. In addition, if the The incineration site must also include entering the shower. facility is approved to handle more than an area sufficient for solid waste (I) APHIS space. The facility must one lot of horses at a time, each lot- holding. Incineration may also take have adequate space for APHIS holding area must have its own separate place at a local site away from the representatives to conduct examinations HVAC system that is designed to facility premises. All incineration and testing of the horses in quarantine, prevent cross-contamination between activities must be carried out under the prepare and package samples for the separate lot-holding areas. direct oversight of APHIS mailing, and store the necessary (P) Fire protection. The facility, representatives. (H) The capability to control surface equipment and supplies for each lot of including the lot holding areas, must drainage and effluent into, within, and horses and duplicate samples. The have a fire alarm voice communication from the facility in a manner that examination space must include system. prevents the spread of disease into, equipment to provide for the safe (Q) Monitoring system. The facility within, or from the facility. If the facility inspection of horses (i.e., restraining must have a television monitoring is approved to handle more than one lot stocks). The facility must also include a system or other arrangement sufficient of horses at the same time, there must secure, lockable office for APHIS use to provide a full view of the quarantine be separate drainage systems for each with enough room for a desk, chair, and area or areas, excluding the clothes lot-holding area in order to prevent filing cabinet. changing area. (R) Communication system. The cross contamination. (J) Necropsy area. The facility must (iv) Security. Facilities must provide have an area that is of sufficient size to facility must have a communication system between the nonquarantine and the following security measures: perform necropsies on horses and that is (A) The facility and premises must be equipped with adequate lighting, hot quarantine areas of the facility. (iii) Sanitation. To ensure that proper kept locked and secure at all times and cold running water, a drain, a animal health and biological security while horses are in quarantine. cabinet for storing instruments, a measures are observed, the facility must (B) The facility and premises must refrigerator-freezer for storing have the following: have signs indicating that the facility is specimens, and an autoclave to sterilize (A) Equipment and supplies necessary a quarantine area and no visitors are veterinary equipment. to maintain the facility in clean and allowed. (K) Storage. The facility must have sanitary condition, including pest (C) The facility and premises must be sufficient storage space for equipment control equipment and supplies and guarded at all times by one or more and supplies used in quarantine cleaning and disinfecting equipment representatives of a bonded security operations. Storage space must include with adequate capacity to disinfect the company or, alternatively, the facility separate, secure storage for pesticides facility and equipment. must have an electronic security system and for medical and other biological (B) Separately maintained equipment that indicates the entry of unauthorized supplies, as well as a separate feed and supplies for each lot of horses. persons into the facility. Electronic storage area that is vermin-proof for feed (C) A supply of potable water security systems must be coordinated and bedding, if feed and bedding are adequate to meet all watering and through or with the local police so that stored at the facility. If the facility has cleaning needs, with water faucets for monitoring of the quarantine facility is multiple lot-holding areas, then separate hoses located throughout the facility. maintained whenever APHIS storage space for supplies and An emergency supply of water for representatives are not at the facility. equipment must be provided for each horses in quarantine must also be The electronic security system must be lot-holding area. maintained. of the ‘‘silent type’’ and must be (L) Additional space needs. The (D) A stock of disinfectant authorized triggered to ring at the monitoring site facility must have an area for washing in § 71.10(a)(5) of this chapter or and not at the facility. The electronic and drying clothes, linens, and towels otherwise approved by the security system must be approved by and an area for cleaning and Administrator that is sufficient to Underwriter’s Laboratories. The disinfecting equipment used in the disinfect the entire facility. operator must provide written facility. The facility must also include a (E) The capability to dispose of instructions to the monitoring agency work area for the repair of equipment. wastes, including manure, urine, and stating that the police and a (M) Restrooms. The facility must have used bedding, by means of burial, representative of APHIS designated by permanent restrooms in both the incineration, or public sewer. Other APHIS must be notified by the quarantine and nonquarantine areas of waste material must be handled in such monitoring agency if the alarm is the facility. a manner that minimizes spoilage and triggered. The operator must also submit (N) Breakroom. The facility must have the attraction of pests and must be a copy of those instructions to the an area within the quarantine area for disposed of by incineration, public Administrator. The operator must notify breaks and meals. sewer, or other preapproved manner the designated APHIS representative
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whenever a breach of security occurs or (C) The operator must provide APHIS of soiled and contaminated clothing is suspected of occurring. In the event with signed statements from each worn within the quarantine facility in a that disease is diagnosed in quarantined person having access to the facility in manner approved by APHIS as adequate horses, the Administrator may require which the person agrees to comply with to preclude transmission of any animal that the operator have the facility paragraph (c) of this section and disease agent from the facility. At the guarded by a bonded security company applicable provisions of this part, all end of each workday, work clothing in a manner that the Administrator terms of the compliance agreement, and worn into each lot-holding area must be deems necessary to ensure the biological any related instructions from APHIS collected and kept in a bag until the security of the facility. representatives pertaining to quarantine clothing is washed. Used footwear must (D) The operator must furnish a operations, including contact with either be left in the clothes changing telephone number or numbers to APHIS animals both inside and outside the area or cleaned with hot water (148 °F at which the operator or his or her agent facility. minimum) and detergent and can be reached at all times. (iii) Authorized access. Access to the disinfected as directed by an APHIS (E) APHIS is authorized to place facility premises as well as inside the representative. APHIS seals on any or all entrances and quarantine area will be granted only to (D) All equipment (including tractors) exits of the facility when determined APHIS representatives, authorized must be cleaned and disinfected prior to necessary by APHIS and to take all employees, and other personnel of the being used in the quarantine area of the necessary steps to ensure that such seals operator assigned to work at the facility. facility with a disinfectant authorized in are broken only in the presence of an All other persons are prohibited from § 71.10(a)(5) of this chapter or otherwise APHIS representative. If someone other the premises unless specifically granted approved by the Administrator. The than an APHIS representative breaks access by an APHIS representative. Any equipment must remain dedicated to the such seals, APHIS will consider the act visitors granted access must be facility for the entire quarantine period. a breach in security and APHIS accompanied at all times by an APHIS Any equipment used with quarantined representatives will make an immediate representative while on the premises or horses (e.g., halters, floats) must remain accounting of all horses in the facility. in the quarantine area of the facility. dedicated to that particular lot of If a breach in security occurs, APHIS (iv) Sanitary requirements. quarantined horses for the duration of may extend the quarantine period as (A) All persons granted access to the the quarantine period or be cleaned and long as necessary to determine that the quarantine area must: disinfected before coming in contact horses are free of communicable (1) Shower when entering and leaving with horses from another lot. Prior to its diseases. the quarantine area. use on another lot of horses or its (4) Operating procedures. The (2) Shower before entering a lot- removal from the quarantine premises, following procedures must be observed holding area if previously exposed from any equipment must be cleaned and at the facility at all times: access to another lot-holding area. disinfected to the satisfaction of an (3) Shower when leaving the necropsy (i) APHIS oversight. APHIS representative. area if a necropsy is in the process of (E) Any vehicle, upon entering or (A) The quarantine of horses at a being performed or has just been leaving the quarantine area of the privately owned quarantine facility is completed, or if all or portions of the facility, must be immediately cleaned subject to the strict oversight of APHIS examined animal remain exposed. and disinfected under the oversight of representatives authorized to perform (4) Wear clean protective work an APHIS representative with a the services required by this section. clothing and footwear upon entering the disinfectant authorized in § 71.10(a)(5) (B) If, for any reason, the operator fails quarantine area. of this chapter or otherwise approved by to properly care for, feed, or handle the (5) Wear disposable gloves when the Administrator. quarantined horses as required in handling sick horses and then wash (F) That area of the facility in which paragraph (c) of this section, or fails to hands after removing gloves. a lot of horses has been held or has had maintain and operate the facility as (6) Change protective clothing, access to must be thoroughly cleaned provided in paragraph (c) of this footwear, and gloves when they become and disinfected under the oversight of section, APHIS representatives are soiled or contaminated. an APHIS representative upon release of authorized by the compliance agreement (7) Not have contact with any horses the horses with a disinfectant to furnish such neglected services or in the facility other than the lot or lots authorized in § 71.10(a)(5) of this make arrangements for the sale or of horses to which the person is chapter or otherwise approved by the disposal of quarantined horses at the assigned or is granted access. Administrator before a new lot of horses quarantine facility owner’s expense. (8) Not have contact with any horses is placed in that area of the facility. (ii) Personnel. outside the quarantine facility for at (v) Handling of the horses in (A) The operator must provide least 7 days after the last contact with quarantine. adequate personnel to maintain the the horses in quarantine, or for a period (A) All horses must be handled in facility and care for the horses in of time determined by the overseeing accordance with paragraph (a) of this quarantine, including attendants to care APHIS representative as necessary to section. for and feed horses, and other personnel prevent the transmission of (B) Each lot of horses to be as needed to maintain, operate, and communicable diseases of horses. quarantined must be placed in the administer the facility. (B) The operator is responsible for facility on an ‘‘all-in, all-out’’ basis. No (B) The operator must provide APHIS providing a sufficient supply of clothing horse may be taken out of the lot while with an updated list of all personnel and footwear to ensure that all persons it is in quarantine, except for diagnostic who have access to the facility. The list provided access to the quarantine area purposes, and no horse may be added to must include the names, current at the facility have clean, protective the lot while the lot is in quarantine. residential addresses, and identification clothing and footwear upon their initial (C) The facility must provide numbers of each person, and must be entry and when they move from one lot sufficient feed and bedding for the updated with any changes or additions of horses to another lot of horses. horses in quarantine, and it must be free in advance of such person having access (C) The operator is responsible for the of vermin and not spoiled. Feed and to the quarantine facility. proper handling, washing, and disposal bedding must originate from an area that
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is not listed in 9 CFR 72.2 as an area for at least 2 years following the date of Done in Washington, DC, this 24th day of quarantined for splenetic or tick fever. release of the horses from quarantine June, 2002. (D) Breeding of horses or collection of and must make such logs available to Bobby R. Acord, germplasm from horses is prohibited APHIS representatives upon request. Administrator, Animal and Plant Health during the quarantine period unless Inspection Service. (5) Environmental quality. If APHIS necessary for a required import testing [FR Doc. 02–16337 Filed 6–28–02; 8:45 am] determines that a privately operated procedure. BILLING CODE 3410–34–P (E) Horses in quarantine will be quarantine facility does not meet subjected to such tests and procedures applicable local, State, or Federal environmental regulations, APHIS may as directed by an APHIS representative DEPARTMENT OF TRANSPORTATION to determine whether they are free from deny or suspend approval of the facility communicable diseases of horses. While until appropriate remedial measures Federal Aviation Administration in quarantine, horses may be vaccinated have been applied. only with vaccines that have been (6) Variances. The Administrator may 14 CFR Part 25 approved by APHIS and that are grant variances to existing requirements [Docket No. NM217; Notice No. 25–02–07– administered by an APHIS veterinarian relating to location, construction and SC] or an accredited veterinarian under the other design features of the physical direct oversight of an APHIS facility, as well as to sanitation, Special Conditions: Boeing representative. APHIS will approve a security, operating procedures, Commercial Airplane Group, Boeing vaccine only if the vaccine is licensed recordkeeping, and other provisions of Model 747–400 Series Airplane; by APHIS in accordance with § 102.5 of paragraph (c) of this section, but only if Forward Lower Lobe (Service/Cargo) 17 this chapter. the Administrator determines that the Compartment (F) Any death or suspected illness of variance causes no detrimental impact horses in quarantine must be reported AGENCY: Federal Aviation to the overall biological security of the immediately to APHIS. The affected Administration (FAA), DOT. quarantine operations. The operator horses must be disposed of as the ACTION: Notice of proposed special Administrator may direct or, depending must submit a request for a variance to conditions. on the nature of the disease, must be the Administrator in writing at least 30 cared for as directed by APHIS to days in advance of the arrival of horses SUMMARY: This notice proposes special prevent the spread of disease. to the facility. Any variance must also conditions for the Boeing Model 747– (G) Quarantined horses requiring be expressly provided for in the 400 series airplane. This airplane, as specialized medical attention or compliance agreement. modified by the Boeing Commercial additional postmortem testing may be 8. In § 93.309, the section heading Airplane Group, Wichita, Kansas, will transported off the quarantine site, if would be revised to read as follows: have novel or unusual design features authorized by APHIS. A second associated with the installation of a quarantine site must be established to § 93.309 Horse quarantine facilities; forward lower lobe compartment that house the horses at the facility of payment information. will have two functions: that of a service destination (e.g., veterinary college * * * * * compartment and that of a class C cargo hospital). In such cases, APHIS may compartment. The applicable 9. Section 93.310 would be revised to airworthiness regulations do not contain extend the quarantine period until the read as follows: results of any outstanding tests or adequate or appropriate safety standards postmortems are received. § 93.310 Quarantine stations, visiting for this design feature. These proposed (H) Should the lot of horses become restricted; sales prohibited. special conditions contain the infected with or exposed to a additional safety standards that the communicable disease of horses, Visitors are not permitted in the Administrator considers necessary to arrangements for the final disposition of quarantine enclosure during any time establish a level of safety equivalent to the infected or exposed lot must be that horses are in quarantine unless an that established by the existing accomplished within 4 work days APHIS representative specifically grants airworthiness standards. following disease confirmation. access under such conditions and DATES: Comments must be received on Subsequent disposition of the horses restrictions as may be imposed by or before July 31, 2002. must occur under the direct oversight of APHIS. An importer (or his or her agent ADDRESSES: Comments on this proposal APHIS representatives. The operator or accredited veterinarian) may be may be mailed in duplicate to: Federal must have a preapproved contingency admitted to the lot-holding area(s) Aviation Administration, Transport plan for the possible disposal of all containing his or her quarantined horses Airplane Directorate, Attn: Rules Docket horses housed in the facility prior to at such intervals as may be deemed (ANM–113), Docket No. NM217, 1601 issuance of the import permit. necessary, and under such conditions Lind Avenue SW., Renton, Washington, (vi) Records. and restrictions as may be imposed, by 98055–4056; or delivered in duplicate to (A) The facility operator must an APHIS representative. On the last the Transport Airplane Directorate at maintain a current daily log to record day of the quarantine period, owners, the above address. Comments must be the entry and exit of all persons entering officers or registry societies, and others marked: Docket No. NM217. Comments and leaving the quarantine facility. having official business or whose may be inspected in the Rules Docket (B) The operator must maintain the services may be necessary in the weekdays, except Federal holidays, daily log, along with any logs kept by removal of the horses may be admitted between 7:30 a.m. and 4 p.m. APHIS and deposited with the operator, upon written permission from an APHIS FOR FURTHER INFORMATION CONTACT: representative. No exhibition or sale Mark Quam, FAA, Standardization 17 A list of approved vaccines is available from National Center for Import and Export, Veterinary shall be allowed within the quarantine Branch, ANM–113, Transport Airplane Services, APHIS, 4700 River Road, Unit 39, grounds. Directorate, Aircraft Certification Riverdale, MD 20737–1231. Service, 1601 Lind Avenue SW.,
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Renton, Washington, 98055–4056; The 747–400 configuration proposed someone into the compartment to fight telephone (425) 227–2145; facsimile for certification is an interim, but a fire. (425) 227–1149. certifiable, configuration. The final The existing regulations address a SUPPLEMENTARY INFORMATION: interior will be installed by another service area and a class C cargo modifier at a later date. Boeing proposes compartment as independent Comments Invited to certificate the model with the forward compartments, but do not address one The FAA invites interested persons to half of the main deck open and the aft compartment that has two uses. The participate in this rulemaking by half of the main deck configured for service compartment can be occupied submitting written comments, data, or passengers. However, the main deck and and the Class C cargo compartment views. The most helpful comments upper deck will be certificated with cannot. Further, fire fighting is dealt reference a specific portion of the limitations specifying zero occupancy with differently in each compartment. proposal, explain the reason for any and zero cargo. The crew fights a fire in a service recommended change, and include Boeing proposes to modify the compartment and a flooding supporting data. We ask that you send configuration defined above by extinguisher system is used to fight a us two copies of written comments. installing a stair from the main deck to fire in a class C cargo compartment. The We will file in the docket all the forward lower lobe cargo concept Boeing proposes may be comments we receive, as well as a compartment and proposes to use the acceptable if it can be assured that when report summarizing each substantive forward cargo compartment as a service the compartment is used for either public contact with FAA personnel area and as a class C cargo function, a level of safety would be concerning these proposed special compartment. Further, an air-stair achieved that would be equivalent to conditions. The docket is available for would be installed to allow walk-in compartment installations that are public inspection before and after the access from the ground to the forward independent. Therefore, special comment closing date. If you wish to lower lobe (service/cargo) compartment. conditions requiring warnings, review the docket in person, go to the The forward lower lobe (service/cargo) limitations, and equipment installations address in the ADDRESSES section of this compartment design would have are being proposed to achieve a level of notice between 7:30 a.m. and 4 p.m., provisions for flammability and smoke safety that would allow a lower lobe Monday through Friday, except Federal protection. Access would be limited to compartment to be used as a service holidays. one trained crewmember and access We will consider all comments we compartment or a class C cargo would be allowed during flight but not compartment when the aircraft is to be receive on or before the closing date for during taxi, takeoff and landing, or certificated in a similar configuration to comments. We will consider comments during a fire. that which Boeing proposes (i.e. forward filed late if it is possible to do so To accommodate access into the without incurring expense or delay. We forward lower lobe (service/cargo) lower lobe compartment with stair may change the proposed special compartment by a crewmember, Boeing access, emergency escape routes, etc.). conditions in light of the comments we proposes appropriate warning and Type Certification Basis receive. emergency equipment will be installed If you want the FAA to acknowledge as defined for a lower lobe service Under the provisions of § 21.101, the receipt of your comments on this compartment in § 25.819. A flight Boeing Commercial Airplane Group proposal, include with your comments attendant seat will be installed in the must show that the Model 747–400 a pre-addressed, stamped postcard on forward lower lobe (service/cargo) series airplane, as changed, continues to which the docket number appears. We compartment for in-flight emergency meet the applicable provisions of the will stamp the date on the postcard and use only. The seat will be located so that regulations incorporated by reference in mail it back to you. it meets all certification requirements Type Certificate A20WE or the for attendant seating. Speakers, warning applicable regulations in effect on the Background lights, and buzzers will be installed in date of application for the change. The On January 3, 2001, Boeing the forward lower lobe (service/cargo) regulations incorporated by reference in Commercial Airplane Group (BCAG)— compartment to warn the crewmember the type certificate are commonly Wichita Division Designated Alteration occupant of turbulent conditions, smoke referred to as the ‘‘original type Station (DAS) applied for a detection, or the need to leave the area. certification basis.’’ The regulations Supplemental Type Certificate (STC) for A crew interphone will be provided for incorporated by reference in Type the installation, in a Boeing Model 747– communications with the flight deck. In Certificate A20WE for the Boeing Model 400 series airplane, of a forward lower addition, emergency oxygen equipment 747–400 series airplanes include 14 CFR lobe compartment that combines two will be provided as appropriate. part 25, as amended by Amendments functions: that of a service compartment Boeing proposes the forward lower 25–1 through 25–70, with certain and that of a class C cargo compartment. lobe (service/cargo) compartment will exceptions listed in the type data sheet. The Boeing Model 747–400 series meet the class C requirements of The U.S. type certification basis for the airplane, currently approved under § 25.857(c) and will include an Boeing Model 747–400 series airplane is Type Certificate A20WE, is a large approved built-in fire extinguisher or established in accordance with 14 CFR transport category airplane with upper suppression system controllable from 21.17 and 21.21 and the type and main passenger decks. The main the cockpit. In the event of a fire, the certification application date. The type deck is limited to 550 passengers or less forward lower lobe (service/cargo) certification basis is listed in Type and the upper deck is limited to 110 compartment will be evacuated, and the Certificate Data Sheet No. A20WE. passengers or less, depending on the pilot will initiate a Halon suppression If the Administrator finds that the interior configuration. Cargo system. A means will be provided to applicable airworthiness regulations compartments are installed below the prevent inadvertent access to the (i.e., 14 CFR part 25) do not contain main deck. The airplane is driven by compartment when the fire suppression adequate or appropriate safety standards four high-bypass turbojet engines system has been activated. The for the Boeing Model 747–400 series capable of a static thrust in excess of intention of the fire suppression system airplane because of a novel or unusual 43,000 pounds. is to eliminate the necessity for sending design feature, special conditions are
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prescribed under the provisions of conditions where the rules are the occupant that the occupant must § 21.16. inadequate to address the functionality exit the forward lower lobe (service/ In addition to the applicable of both. cargo) compartment. To be effective, the airworthiness regulations and special visible and audible advisory/warning Proposed Special Condition 1 conditions, the Boeing Model 747–400 must be able to be seen and heard from series airplanes must comply with the Currently, § 25.819 addresses a any part of the compartment. The fuel vent and exhaust emission service compartment, which can be visible and audible advisory/warning is requirements of 14 CFR part 34 and the occupied, but does not need to be to be controlled from the flight deck. As noise certification requirements of 14 evacuated under certain normal the forward lower lobe (service/cargo) CFR part 36. conditions or under certain unsafe compartment may be occupied on the Special conditions, as defined in conditions (e.g., in the case of fire, the ground or in the air, a means must be § 11.19, are issued in accordance with occupant could function as a provided to notify the occupant to exit § 11.38 and become part of the type firefighter). The class C cargo the compartment prior to taxi, takeoff certification basis in accordance with compartment requirements address a and landing, or during certain § 21.101(b)(2). stand-alone cargo compartment that is emergency conditions (other than fire, Special conditions are initially not occupied; fire detection is automatic which is dealt with under Special applicable to the model for which they and suppression relies on a total flood Condition 1(e)). A visual advisory/ are issued. Should the applicant apply system. To maintain the advantages of warning is included in case the audible for a supplemental type certificate to both a service compartment and a class warning were to become masked or modify any other model included on the C cargo compartment, certain warnings distorted by engine, equipment, or same type certificate to incorporate the need to be addressed. ground noises. same novel or unusual design features, Proposed Special Condition 1(a) Proposed Special Condition 1(d) the special conditions would also apply to the other model under the provisions Special Condition 1(a) would require Special condition 1(d) would require of § 21.101(a)(1). a visual means in the cockpit to advise a means (visible and audible) to notify the flightcrew when the forward lower the occupant of the forward lower lobe Novel or Unusual Design Features lobe (service/cargo) compartment is (service/cargo) compartment of the need The Boeing Model 747–400 series occupied. The potential exists that the to put on supplemental oxygen airplane will incorporate the following forward lower lobe (service/cargo) equipment in the event of a novel or unusual design features: the compartment may inadvertently be decompression. As the occupant could forward lower lobe compartment will be occupied when it is not supposed to be, be anywhere in the forward lower lobe used as a service area or a class C cargo such as during taxi, takeoff and landing, (service/cargo) compartment, the means compartment with certain combined or during certain emergency events. should be heard and be visible from features. This requirement is proposed to ensure anywhere in the forward lower lobe (service/cargo) compartment. Further, Discussion the flightcrew is aware of that situation and can take appropriate action to the warning should be distinct from The requirements listed in these evacuate the forward lower lobe before other warnings in the forward lower proposed special conditions are flooding the compartment with fire lobe (service/cargo) compartment to developed to allow the use of the suppressant agent. The advisory should prevent confusion and inappropriate forward lower lobe as a service be clear as to its intent, either by light action. An automatic decompression compartment and as a class C cargo with placard or lighted advisory warning is proposed (i.e., not requiring compartment during flight conditions. message or equivalent. a separate crew action) to ensure that To make this concept work, these the forward lower lobe (service/cargo) proposed special conditions establish Proposed Special Condition 1(b) compartment occupant does not delay communication, warning, and personal Special Condition 1(b) would require putting on the oxygen equipment. This safety requirements, because the an ‘‘on/off’’ visual advisory/warning section of the special conditions is existing requirements, §§ 25.819 versus stating ‘‘Do Not Enter’’ (or similar partially in lieu of the visual effect 25.855, 25.857, and 25.858, are words) to be located outside and on or provided by the automatic presentation exclusive. As an example, to use the fire near the entrance door from the main feature required by § 25.1447. control system of a class C cargo deck to the forward lower lobe (service/ Proposed Special Condition 1(e) compartment, the compartment must cargo) compartment. The advisory/ not be occupied, because the means of warning is to be controlled from the Special Condition 1(e) would require fire control is to flood the compartment flight deck. This is to prevent someone a visible and audible means to warn the with fire suppressant. entering the forward lower lobe occupant of the forward lower lobe No provisions for satisfying regulatory (service/cargo) compartment when it is (service/cargo) compartment of the need requirements for occupancy of the not supposed to be occupied. Those to evacuate the forward lower lobe forward lower lobe (service/cargo) conditions exist during taxi, takeoff and (service/cargo) compartment if a fire is compartment during taxi, takeoff, and landing, and if smoke or fire is detected. detected. The means must be heard and landing are being proposed. Therefore, Opening the door during a fire would, be visible from anywhere in the forward limitations for taxi, takeoff, and landing among other things, degrade the lower lobe (service/cargo) compartment are being applied. effectiveness of the fire suppressant and and must be distinct from other The approach to establishing allow smoke, flame, and/or suppressant warnings in the forward lower lobe requirements for a common into the cabin. (service/cargo) compartment in order to compartment with two uses is to apply prevent confusion and to elicit correct the existing requirements for a service Proposed Special Condition 1(c) action. The fire/smoke detection compartment when used as a service Special Condition 1(c) would require warning in the forward lower lobe compartment and for cargo a visible and audible advisory/warning (service/cargo) compartment must be compartments when used as a class C means in the forward lower lobe automatic (i.e., not requiring or compartment, and to propose special (service/cargo) compartment to notify depending on a separate crew action), to
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ensure that the occupant exits the the benefit of the information being near the seat, along with a portable forward lower lobe (service/cargo) available to the occupant in the event extinguisher and a protective breathing compartment prior to the flight deck the flightcrew fails to activate the device. Because the portable oxygen crew releasing the fire suppressant advisory/warnings of 1(b) and 1(c). bottle would not be immediately agent. available (a requirement of Proposed Special Condition 2(d) § 25.1447(c)(1)) in the event of rapid Proposed Special Condition 2 Special Condition 2(d), with respect decompression, and it would not be The lower lobe (service/cargo) to the forward lower lobe (service/cargo) advisable to provide drop-down masks compartment must be evacuated if a fire compartment, would require the AFM in a cargo compartment or store a occurs. Further, a means must be supplement include flight deck crew portable oxygen bottle in the provided to prevent access into the instructions for: allowing access; compartment (even though the bottle compartment during taxi, takeoff or procedures for fire/smoke/detection/fire would be afforded some protection), the landing, and in the event of a fire. fighting; procedures for decompression; FAA elected to propose that a portable Placards and limitations are proposed to and limitations prohibiting occupancy oxygen bottle be mounted at the outside assist in these situations. during taxi, takeoff, and landing. of the main deck entrance of the forward Further, this special condition would Proposed Special Condition 2(a) lower lobe (service/cargo) compartment, require that the weight and balance along with a placard that specifies that Special Condition 2(a) would require manual include cargo loading anyone entering the forward lower lobe a placard to be located outside the restrictions requiring cargo to be loaded (service/cargo) compartment during forward lower lobe (service/cargo) and restrained in a manner so that flight must carry portable oxygen compartment door to limit access to the escape paths are maintained. These equipment on their person for the entire forward lower lobe (service/cargo) proposals are to insure the single flight time that they are in the compartment. compartment to one crewmember crewmember can safely access the cargo Proposed Special Condition 3(b) trained in evacuation means. The compartment during flight and exit accommodations and emergency safely during failure conditions. Special Condition 3(b) would require support equipment provided necessitate at least one readily accessible hand-held limiting access (i.e., one seat, one Proposed Special Condition 2(e) fire extinguisher and one 15-minute oxygen bottle, one protective breathing Because access is being provided to protective breathing equipment device device, one fire extinguisher, etc.). the forward lower lobe (service/cargo) be located within the forward lower compartment, there is a concern that, lobe (service/cargo) compartment Proposed Special Condition 2(b) during flight, passengers may retrieve adjacent to the seat. This proposal is to Special Condition 2(b) would require hazardous materials and weapons stored ensure the occupant has the means to placards, located inside and outside the in luggage. Ideally, access could be exit the compartment if a fire occurs forward lower lobe (service/cargo) prevented by locking the forward lower between the occupant and the exit. compartment door, stating that the lobe (service/cargo) compartment and Proposed Special Condition 3(c) compartment door must remain closed that is being proposed as one solution except when entering and leaving the (proposed Special Condition 2(e)(1)). Special Condition 3(c) would require, compartment. The smoke/fire detection However, this airplane is being designed in addition to the two evacuation route and suppression systems are certified for private use, will have limited access, (including exit) requirements of with the door closed, and the door and will have placards limiting access. § 25.819(a), a means to keep the needs to remain closed to retain their Further, there is notification to the evacuation routes clear. The cargo in the certified characteristics and to be flightcrew if the forward lower lobe compartment should be restrained to effective. In the event the single (service/cargo) compartment is occupied ensure that the crewmember’s paths to occupant falls asleep in the chair (proposed Special Condition 1(a)). the exits are clear. Further, all entrances provided, the smoke alarm will still Therefore, as an alternative to locking and exits from the forward lower lobe function and a warning will be provided the lower lobe (service/cargo) (service/cargo) compartment must be to warn the occupant to exit the compartment, in addition to limiting capable of being closed after exiting. In compartment. access under proposed Special addition to the concern for cargo blocking the escape paths, there is the Proposed Special Condition 2(c) Conditions 2(a) and 2(d), prohibiting the airplane from being operated for hire, or concern about hazardous quantities of Special Condition 2(c) would require offered for common carriage, is smoke, flames, or fire suppressant agent a limitation be placed in the airplane proposed (proposed Special Condition entering any compartments occupied by flight manual (AFM) and placards be 2(e)(2)). passengers or crew and the concern posted inside and outside the forward about the loss of fire suppressant agent lower lobe (service/cargo) compartment Proposed Special Condition 3 from the compartment during a fire. The door, all stating that the forward lower Special Condition 3 would require forward lower lobe (service/cargo) lobe (service/cargo) compartment may equipment in addition to that required compartment must be capable of being not be occupied during taxi, takeoff, by § 25.819. closed off because, after evacuation, it landing, or during a fire emergency. must comply with the requirements Proposed Special Condition 3(a) These placards are being specified applicable to the class C cargo because the compartment is not being Special Condition 3(a) would require compartment, including §§ 25.855, certified as occupied during taxi, availability at all times of portable 25.857, and 25.858. takeoff, and landing and because the oxygen equipment sufficient to supply a cargo compartment must not be crewmember who is allowed to occupy Proposed Special Condition 3(d) occupied during a fire so that the (except during taxi, takeoff and landing, Special Condition 3(d) would require occupant is not exposed to the fire and and a fire) the forward lower lobe supplemental handheld lighting (with suppressant. These placards are (service/cargo) compartment. It was first locator light) in the event the occupant somewhat redundant to the advisory proposed that the oxygen bottle be is in the forward lower lobe (service/ required under 1(b) and 1(c), but have stored inside the cargo compartment cargo) compartment and power to the
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compartment or the emergency escape well under the provisions of forward lower lobe (service/cargo) path lighting is off, or lost, or visibility § 21.101(a)(1). compartment. The visible and audible is poor. At least two flashlights would Certification of the Boeing Model advisory/warning is to be controlled be required. One flashlight would be 747–400 series airplanes modified by from the flight deck. located adjacent to the secondary Boeing Commercial Airplane Group, (d) A means (visible and audible) emergency exit in the forward lower Wichita Division Designated Alternation must be provided to notify the occupant lobe (service/cargo) compartment at the Station, is currently scheduled for mid- of the forward lower lobe (service/cargo) foot of the stairs in the compartment. June 2002. For this reason, and because compartment of the need to put on The other would be located adjacent to a delay would significantly affect the supplemental oxygen equipment in the the seat in the forward lower lobe applicant’s installation of the system event of a decompression. The means (service/cargo) compartment. Note that and certification of the airplane, the must be heard and be visible from this proposal is in addition to the public comment period is being anywhere in the forward lower lobe requirement for an automatic emergency shortened to 30 days. (service/cargo) compartment and be lighting system required by § 25.819(a). Conclusion distinct from other warnings in the forward lower lobe (service/cargo) Proposed Special Condition 4 This action affects only certain novel compartment. This decompression Special Condition 4 addresses or unusual design features on one warning should be automatic (i.e., not training manuals and the training Boeing Model 747–400 series airplane. requiring a separate crew action), to associated with the proposed special It is not a rule of general applicability, ensure that the forward lower lobe conditions above for: and it affects only the applicant who (service/cargo) compartment occupant (a) Use and actions associated with applied to the FAA for approval of these does not delay putting on the oxygen the warnings and placards of these features on the airplane. equipment. This section of the special proposed special conditions. List of Subjects in 14 CFR Part 25 conditions is partially in lieu of the (b) Accessing and exiting the cargo visual effect provided by the automatic forward lower lobe (service/cargo) Aircraft, Aviation safety, Reporting and record keeping requirements. presentation feature required by compartment, including emergency § 25.1447. The authority citation for these exiting (includes those special (e) A means (visible and audible) special conditions is as follows: conditions associated with Special must be provided to warn the occupant Conditions 1(b), 1(c), 1(d), 1(e), 2(a), Authority: 49 U.S.C. 106(g), 40113, 44701, of the forward lower lobe (service/cargo) 2(b), 2(c), 2(d), and 3(b)). 44702, 44704. compartment of the need to evacuate the (c) Checking the oxygen bottle’s The Proposed Special Conditions forward lower lobe (service/cargo) pressure for adequacy prior to entering compartment at fire detection. The the cargo compartment (associated with Accordingly, the Federal Aviation Administration (FAA) proposes the means must be heard and be visible Special Condition 3(a)). from anywhere in the forward lower (d) Carrying the oxygen bottle when following special conditions as part of lobe (service/cargo) compartment and be entering the forward lower lobe the type certification basis for Boeing distinct from other warnings in the (service/cargo) compartment (associated Model 747–400 airplanes modified by forward lower lobe (service/cargo) with Special Condition 3(a)). Boeing Commercial Airplane Group, (e) Maintaining an exit path aisle and Wichita Division Designated Alteration compartment. The fire/smoke detection access to the evacuation routes Station, with a forward lower lobe warning in the forward lower lobe (associated with Special Condition 3(c)). configured for use as a service (service/cargo) compartment must be compartment and a class C cargo automatic (i.e., not requiring a separate Proposed Special Condition 5 compartment. crew action), to ensure that the Special Conditions 25–71–NW–3, 1. Required Warnings (in addition to occupant exits the forward lower lobe which included criteria applicable to fire/smoke detection and decompression (service/cargo) compartment prior to the the stairs between the main deck and aural warnings required in § 25.819(c)): flight deck crew releasing fire upper deck, were incorporated in the (a) There must be a visual means in suppressant agent. Model 747 series airplane certification the cockpit to advise the flightcrew 2. Required Placards and Limitations basis on August 27, 1976. These special when the forward lower lobe (service/ (beyond those required in Part 25): conditions have been reviewed, and cargo) compartment is occupied. The (a) There must be a placard located sections 3(a)(1), 3(a)(2) and 3(a)(7) are advisory light should be accompanied outside the forward lower lobe (service/ proposed as applicable to the stair by a placard or message indicating cargo) compartment door limiting access between the forward lower lobe someone is in the forward lower lobe to the forward lower lobe (service/cargo) (service/cargo) compartment and the (service/cargo) compartment. compartment to one crewmember main deck. These special conditions are (b) There must be an ‘‘on/off’’ visual trained in evacuation means. renumbered and repeated as 5(a), 5(b), advisory/warning stating ‘‘Do Not (b) There must be placards located and 5(c). Enter’’ (or similar words) to be located inside and outside the forward lower outside and on or near the entrance door lobe (service/cargo) compartment door Applicability to the forward lower lobe (service/cargo) stating that the forward lower lobe As discussed above, these special compartment. The advisory/warning is (service/cargo) compartment door must conditions are applicable to the Boeing to be controlled from the flight deck. remain closed except when entering and Model 747–400 series airplane. Should (c) There must be a visible and leaving the compartment. Boeing Commercial Airplane Group audible advisory/warning means in the (c) A limitation must be placed in the apply at a later date for a supplemental forward lower lobe (service/cargo) airplane flight manual (AFM) type certificate to modify any other compartment to notify the occupant that supplement and placards must be model included on Type Certificate the occupant must exit the forward posted inside and outside the forward A20WE to incorporate the same novel or lower lobe (service/cargo) compartment. lower lobe (service/cargo) compartment unusual design features, the special The visible and audible warning must door, all stating that the forward lower conditions would apply to that model as be seen and heard from any part of the lobe (service/cargo) compartment may
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not be occupied during taxi, takeoff, or crew and must prevent loss of fire DEPARTMENT OF TRANSPORTATION landing, or during a fire emergency. suppressant agent during a fire. Federal Aviation Administration (d) With respect to the forward lower (d) In addition to the emergency lobe (service/cargo) compartment, the illumination required by § 25.829(a), AFM supplement must include flight 14 CFR Part 39 there must be supplemental handheld deck crew instructions for: allowing [Docket No. 2002–NM–24–AD] access; procedures for fire/smoke/ lighting (with locator light) located detection/fire fighting; procedures for within the forward lower lobe (service/ RIN 2120–AA64 decompression; limitations prohibiting cargo) compartment. At least two occupancy during taxi, takeoff, and flashlights will be required. One Airworthiness Directives; Boeing landing. The weight and balance flashlight must be located adjacent to Model 747 Series Airplanes the secondary emergency exit of the manual must include cargo loading AGENCY: Federal Aviation restrictions to maintain escape paths. forward lower lobe (service/cargo) Administration, DOT. (e) A limitation must be placed in the compartment. The other must be ACTION: Notice of proposed rulemaking AFM Supplement stating: ‘‘Carriage of adjacent to the seat in the forward lower (NPRM). hazardous material and/or weapons in lobe (service/cargo) compartment. the forward lower lobe (service/cargo) 4. Training manuals and training SUMMARY: This document proposes the compartment is prohibited’’ unless: must include: supersedure of an existing airworthiness (1) Access to the compartment is directive (AD), applicable to certain locked during flight and the key to the (a) Use and actions associated with Boeing Model 747 series airplanes, that lock remains with the flight deck crew warnings and placards specified herein. currently requires inspection of the flap only; or (b) Accessing and exiting the cargo tracks of the wing trailing edge flaps for (2) The airplane is not operated for forward lower lobe (service/cargo) adequate cadmium plating and for hire, or offered for common carriage. compartment, including emergency corrosion of certain bolt holes of the This provision does not preclude the exiting. fail-safe bar, and plating of such holes, operator from receiving remuneration to if necessary. This new action would the extent consistent with 14 CFR part (c) Checking the oxygen bottle’s pressure for adequacy prior to entering require post-modification inspections of 125, 14 CFR part 91, and subpart F, as certain bolt holes of the fail-safe bar of the forward lower lobe (service/cargo) applicable. the flap tracks of the wing trailing edge 3. Required Equipment (in addition to compartment. flaps for discrepancies, and corrective that required by § 25.819): (d) Carrying the oxygen bottle when actions, if necessary. This proposal is (a) There must be portable oxygen entering the forward lower lobe equipment available at all times prompted by reports of corrosion and (service/cargo) compartment. sufficient to supply a crewmember who cracks found in certain bolt holes is allowed to occupy the forward lower (e) Maintaining exit path aisle and reworked according to the existing AD. lobe (service/cargo) compartment access for the evacuation routes. The actions specified by the proposed (except during taxi, takeoff and landing, AD are intended to find and fix 5. The stairway between the forward discrepancies of the bolt holes, which and a fire). The equipment is to be lower lobe (service/cargo) compartment mounted at the outside of the main deck could result in fracture of the flap track, and the main deck (applicable portions separation of the flap, and consequent entrance to the forward lower lobe excerpted from Special Conditions 25– (service/cargo) compartment along with loss of control of the airplane. This 71–NM–3 issued August 27, 1976) must action is intended to address the a placard specifying that anyone meet the following requirements: entering the forward lower lobe identified unsafe condition. (service/cargo) compartment during (a) The stairway must have essentially DATES: Comments must be received by flight must carry portable oxygen straight route segments with a landing at August 15, 2002. equipment on his/her person for the each significant change in segment ADDRESSES: Submit comments in entire time that he/she is in the forward direction. triplicate to the Federal Aviation lower lobe (service/cargo) compartment. (b) The stairs must have essentially Administration (FAA), Transport (b) At least one readily accessible rectangular treads. Airplane Directorate, ANM–114, hand-held fire extinguisher and one 15- Attention: Rules Docket No. 2002–NM– minute protective breathing equipment (c) General illumination must be 24–AD, 1601 Lind Avenue, SW., (PBE) device must be located within the provided so that, when measured along Renton, Washington 98055–4056. forward lower lobe (service/cargo) the centerlines of each tread and Comments may be inspected at this compartment adjacent to the seat. landing, the illumination is not less location between 9 a.m. and 3 p.m., (c) In addition to the two evacuation than .05 foot-candle. Monday through Friday, except Federal route (including exit) requirements of Issued in Renton, Washington, on June 17, holidays. Comments may be submitted § 25.819(a), a means must be provided 2002. via fax to (425) 227–1232. Comments to keep the evacuation routes clear; i.e., Kalene C. Yanamura, may also be sent via the Internet using cargo in the compartment should be the following address: 9-anm- Acting Manager, Transport Airplane restrained to ensure that the Directorate, Aircraft Certification Service. [email protected]. Comments sent crewmember’s paths to the exits are via fax or the Internet must contain [FR Doc. 02–16500 Filed 6–28–02; 8:45 am] clear. All entrances and exits from the ‘‘Docket No. 2002–NM–24–AD’’ in the forward lower lobe (service/cargo) BILLING CODE 4910–13–P subject line and need not be submitted compartment must be capable of being in triplicate. Comments sent via the closed after entering and exiting and, Internet as attached electronic files must after closing, must prevent hazardous be formatted in Microsoft Word 97 for quantities of smoke, flames, or fire Windows or ASCII text. suppressant agent from entering any The service information referenced in compartments occupied by passengers the proposed rule may be obtained from
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Boeing Commercial Airplane Group, ANM–114, Attention: Rules Docket No. holes of the fail-safe bar of the flap P.O. Box 3707, Seattle, Washington 2002–NM–24–AD, 1601 Lind Avenue, tracks of the trailing edge for 98124–2207. This information may be SW., Renton, Washington 98055–4056. discrepancies (corrosion, cracks, examined at the FAA, Transport Discussion damaged cadmium plating), and Airplane Directorate, 1601 Lind corrective actions (rework, repair, or Avenue, SW., Renton, Washington. On January 24, 1991, the FAA issued replate with cadmium the affected bolt AD 91–03–17, amendment 39–6884 (56 FOR FURTHER INFORMATION CONTACT: holes), if necessary. The service bulletin Tamara Anderson, Aerospace Engineer, FR 4534, February 5, 1991), applicable revises the procedures specified in the to certain Boeing Model 747 series Airframe Branch, ANM–120S, FAA, original issue, Revision 1, and Revision airplanes, to require inspection of the Seattle Aircraft Certification Office, 2 of the service bulletin as follows: flap tracks of the trailing edge for 1601 Lind Avenue, SW., Renton, adequate cadmium plating and to find changes the post-modification Washington 98055–4056; telephone corrosion of certain bolt holes of the inspection; adds separate post- (425) 227–2771; fax (425) 227–1181. fail-safe bar, and plating of such holes, modification and rework instructions in SUPPLEMENTARY INFORMATION: if necessary. That action was prompted Part 2; changes the type of bolts in Figure 4, Table II, to ‘‘K’’ material-type Comments Invited by reports of missing cadmium plating and corrosion in certain flap track fail- bolts (corrosion-resistant); and Interested persons are invited to safe bar bolt holes. The requirements of eliminates the option to defer bolt hole participate in the making of the that AD are intended to prevent fracture rework if corrosion is found. The service proposed rule by submitting such of the trailing edge flap track, separation bulletin specifies that no more work is written data, views, or arguments as of the flap supported by the track, and necessary on airplanes that had they may desire. Communications shall resultant reduction of the controllability cadmium plating installed during identify the Rules Docket number and of the airplane and/or damage to other production and on which no corrosion be submitted in triplicate to the address structure from impact with the was found after doing the initial specified above. All communications departing debris. inspection specified in the service received on or before the closing date Actions Since Issuance of Previous Rule bulletin. Accomplishment of the actions for comments, specified above, will be specified in the service bulletin is considered before taking action on the Since the issuance of AD 91–03–17, intended to adequately address the proposed rule. The proposals contained there have been reports of additional identified unsafe condition. in this action may be changed in light corrosion and cracks found in certain of the comments received. forward bolt holes of the fail-safe bar of Explanation of Requirements of Submit comments using the following the flap tracks of the wing trailing edge Proposed Rule format: flaps on certain Boeing Model 747 series • Organize comments issue-by-issue. airplanes. The corrosion and cracks Since an unsafe condition has been For example, discuss a request to were found AFTER the bolt holes were identified that is likely to exist or change the compliance time and a reworked or replated with cadmium, as develop on other products of this same request to change the service bulletin required by that AD. Boeing Service type design, the proposed AD would reference as two separate issues. Bulletins 747–57–2256, dated March 8, supersede AD 91–03–17 to continue to • For each issue, state what specific 1990, and Revision 1, dated November require inspection of the flap tracks of change to the proposed AD is being 15, 1990, were the sources of service the trailing edge for adequate cadmium requested. information specified in that AD for plating of certain bolt holes of the fail- • Include justification (e.g., reasons or accomplishment of those actions. safe bar, and plating of such holes, if data) for each request. Boeing Service Bulletin 747–57–2256, necessary. This new action would Comments are specifically invited on Revision 2, dated March 5, 1992, was require post-modification inspections of the overall regulatory, economic, approved by the FAA after that AD was certain bolt holes of the fail-safe bar of environmental, and energy aspects of issued and has since been revised. In the flap tracks of the trailing edge for the proposed rule. All comments light of these findings, the terminating discrepancies, and corrective action, if submitted will be available, both before actions (replating with cadmium and necessary. The actions would be and after the closing date for comments, rework of the bolt holes), and the option required to be accomplished in in the Rules Docket for examination by to defer bolt rework if corrosion is accordance with the service bulletin interested persons. A report found, as specified in that AD, are no described previously, except as summarizing each FAA-public contact longer valid and have not been included discussed below. concerned with the substance of this in this proposed AD. In addition, proposal will be filed in the Rules although the effectivity specified in the Difference Between Service Bulletin Docket. most recently revised service bulletin and Proposed AD Commenters wishing the FAA to (below) has not changed from the acknowledge receipt of their comments applicability of the existing AD, the The service bulletin specifies that the submitted in response to this action applicability section in this proposed manufacturer may be contacted for must submit a self-addressed, stamped AD has been changed to specify disposition of certain repair conditions. postcard on which the following Revision 3 of the service bulletin This proposed AD requires the repair of statement is made: ‘‘Comments to instead of the original issue. those conditions to be accomplished per Docket Number 2002–NM–24–AD.’’ The a method approved by the FAA, or per postcard will be date stamped and Explanation of Revised Service data meeting the type certification basis returned to the commenter. Information of the airplane approved by a Boeing The FAA has reviewed and approved Company Designated Engineering Availability of NPRMs Boeing Service Bulletin 747–57–2256, Representative who has been authorized Any person may obtain a copy of this Revision 3, dated June 21, 2001, which by the Manager, Seattle Aircraft NPRM by submitting a request to the describes procedures for post- Certification Office, to make such FAA, Transport Airplane Directorate, modification inspections of certain bolt findings.
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Cost Impact For the reasons discussed above, I To find and fix discrepancies of certain certify that this proposed regulation (1) bolt holes of the fail-safe bar of the flap tracks There are approximately 553 of the wing trailing edge flaps, which could airplanes of the affected design in the is not a ‘‘significant regulatory action’’ under Executive Order 12866; (2) is not result in separation of the flap and worldwide fleet. The FAA estimates that consequent loss of control of the airplane, 169 airplanes of U.S. registry would be a ‘‘significant rule’’ under the DOT accomplish the following: affected by this proposed AD. Regulatory Policies and Procedures (44 The actions that are currently FR 11034, February 26, 1979); and (3) if Restatement of Certain Requirements of AD 91–03–17 required by AD 91–03–17 take promulgated, will not have a significant approximately 50 work hours per economic impact, positive or negative, Inspections airplane to accomplish, at an average on a substantial number of small entities (a) Prior to the accumulation of 30,000 total labor rate of $60 per work hour. Based under the criteria of the Regulatory flight hours, or 8 years time-in-service on on these figures, the cost impact of the Flexibility Act. A copy of the draft current production flap tracks, whichever is currently required actions is estimated regulatory evaluation prepared for this first; or within 2,000 flight cycles after March to $3,000 per airplane. action is contained in the Rules Docket. 11, 1991 (the effective date of AD 91–03–17, The borescope inspection proposed in A copy of it may be obtained by amendment 39–6884); whichever is later: contacting the Rules Docket at the Perform a borescope inspection of the this AD action would take forward four bolt holes on each side of the approximately 32 work hours per location provided under the caption affected trailing edge flap tracks for corrosion airplane to accomplish, at an average ADDRESSES. and adequate cadmium plating, in labor rate of $60 per work hour. Based List of Subjects in 14 CFR Part 39 accordance with the procedures specified in on these figures, the cost impact of the Boeing Service Bulletin 747–57–2256, dated proposed requirements of this AD on Air transportation, Aircraft, Aviation March 8, 1990; Revision 1, dated November U.S. operators is estimated to be safety, Safety. 15, 1990; Revision 2, dated March 5, 1992; $324,480, or $1,920 per airplane. or Revision 3, dated June 21, 2001. If the The cost impact figures discussed The Proposed Amendment cadmium plating is adequate, as specified in above are based on assumptions that no the service bulletin, and no corrosion or Accordingly, pursuant to the cracks are found, no further action is operator has yet accomplished any of authority delegated to me by the required for this paragraph. If the cadmium the current or proposed requirements of Administrator, the Federal Aviation plating is not adequate, or if corrosion exists this AD action, and that no operator Administration proposes to amend part in any bolt hole, prior to further flight, would accomplish those actions in the 39 of the Federal Aviation Regulations conduct an eddy current inspection of the future if this AD were not adopted. The (14 CFR part 39) as follows: bolt hole for cracks, in accordance with the cost impact figures discussed in AD service bulletin. After the effective date of rulemaking actions represent only the PART 39—AIRWORTHINESS this AD only Revision 3 of the service time necessary to perform the specific DIRECTIVES bulletin may be used. actions actually required by the AD. Corrective Actions These figures typically do not include 1. The authority citation for part 39 (b) If the cadmium plating is not adequate incidental costs, such as the time continues to read as follows: and no corrosion or cracks are found during required to gain access and close up, Authority: 49 U.S.C. 106(g), 40113, 44701. the inspection required by paragraph (a) of planning time, or time necessitated by this AD: Within 1,000 flight cycles after other administrative actions. § 39.13 [Amended] accomplishment of the inspection required Should an operator be required to 2. Section 39.13 is amended by by paragraph (a) of this AD, cadmium plate accomplish the eddy current inspection, removing amendment 39–6884 (56 FR the affected bolt holes in accordance with Boeing Service Bulletin 747–57–2256, dated it would take approximately 40 work 4534, February 5, 1991), and by adding hours per airplane to accomplish the March 8, 1990; Revision 1, dated November a new airworthiness directive (AD), to 15, 1990; Revision 2, dated March 5, 1992; inspection, at an average labor rate of read as follows: or Revision 3, dated June 21, 2001; and $60 per work hour. Based on these Boeing: Docket 2002–NM–24–AD. conduct the inspections of the affected track figures, the cost impact of this Supersedes AD 91–03–17, Amendment as specified in paragraphs (b)(1), (b)(2), and inspection is estimated to be $2,400 per 39–6884. (b)(3) of this AD, in accordance with the service bulletin. Restoration of the cadmium airplane. Applicability: Model 747 series airplanes, plating terminates the inspections required Should an operator be required to as listed in Boeing Service Bulletin 747–57– by this paragraph. accomplish the modification of the bolt 2256, Revision 3, dated June 21, 2001, holes, it would take approximately 256 certificated in any category. Inspections work hours per airplane to accomplish Note 1: This AD applies to each airplane the modification, at an average labor (1) Within 50 flight cycles after identified in the preceding applicability accomplishment of the inspection required rate of $60 per work hour. Based on provision, regardless of whether it has been by paragraph (a) of this AD: Perform a close these figures, the cost impact of the modified, altered, or repaired in the area visual inspection of each side of the track, at modification is estimated to be $15,360 subject to the requirements of this AD. For the lower chord, for cracks emanating from per airplane. airplanes that have been modified, altered, or the forward four fail-safe bar bolt holes, and repaired so that the performance of the repeat the inspection thereafter at intervals Regulatory Impact requirements of this AD is affected, the not to exceed 50 flight cycles. The regulations proposed herein owner/operator must request approval for an (2) Within 250 flight cycles after would not have a substantial direct alternative method of compliance in accomplishment of the inspection required effect on the States, on the relationship accordance with paragraph (f)(1) of this AD. by paragraph (a) of this AD: Perform an eddy The request should include an assessment of current inspection for cracks of the bolt between the national Government and the effect of the modification, alteration, or the States, or on the distribution of holes, and repeat the inspection thereafter at repair on the unsafe condition addressed by intervals not to exceed 250 flight cycles. power and responsibilities among the this AD; and, if the unsafe condition has not (3) Prior to each flight on which a fifth various levels of government. Therefore, been eliminated, the request should include engine is to be carried, perform a close visual it is determined that this proposal specific proposed actions to address it. inspection of each side of the track, at the would not have federalism implications Compliance: Required as indicated, unless lower chord, for cracks emanating from the under Executive Order 13132. accomplished previously. forward four fail-safe bar bolt holes.
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New Requirements of This AD Alternative Methods of Compliance revising the requirements and Cadmium Plating Applied During Production (f)(1) An alternative method of compliance referencing new service information. or adjustment of the compliance time that The actions specified by this new (c) For airplanes on which cadmium provides an acceptable level of safety may be proposed AD are intended to prevent plating of the forward four bolt holes was used if approved by the Manager, Seattle internal arcing of the left and right applied during production: No further action ACO. Operators shall submit their requests is required by this AD. If operator records generator power relays, auxiliary power through an appropriate FAA Principal relays, and external power relays, and indicate that during the inspection required Maintenance Inspector, who may add by paragraph (a) of this AD cadmium plating comments and then send it to the Manager, consequent smoke and/or fire in the was applied during production (not during Seattle ACO. cockpit and cabin. rework or replating), no further action is (2) Alternative methods of compliance, DATES: Comments must be received by required by this AD. (Indications of rework approved previously in accordance with AD July 26, 2002. include oversized fasteners and/or fasteners 91–03–17, amendment 39–6884, are ADDRESSES: Submit comments in with repair sleeves, and/or flap track dash approved as alternative methods of triplicate to the Federal Aviation numbers that have been changed per the compliance with paragraphs (a) and (b) of Administration (FAA), Transport service bulletin.) this AD. Airplane Directorate, ANM–114, Compliance Time for Borescope Inspection Note 2: Information concerning the Attention: Rules Docket No. 99–NM– existence of approved alternative methods of (d) For airplanes on which cadmium compliance with this AD, if any, may be 90–AD, 1601 Lind Avenue, SW., plating of the forward four bolt holes was obtained from the Seattle ACO. Renton, Washington 98055–4056. NOT applied during production: Do the Comments may be inspected at this action required by paragraph (e) of this AD Special Flight Permits location between 9 a.m. and 3 p.m., at the later of the times given in paragraphs (g) Special flight permits may be issued in Monday through Friday, except Federal (d)(1) and (d)(2) of this AD. accordance with sections 21.197 and 21.199 holidays. Comments may be submitted (1) Within 2 years or 2,000 flight cycles of the Federal Aviation Regulations (14 CFR via fax to (425) 227–1232. Comments after the effective date of this AD, whichever 21.197 and 21.199) to operate the airplane to may also be sent via the Internet using is first; or a location where the requirements of this AD the following address: 9-anm- (2) Within 6 years after doing the initial can be accomplished. [email protected]. Comments sent bolt hole rework per AD 91–03–17. Issued in Renton, Washington, on June 24, via fax or the Internet must contain Borescope Inspection 2002. ‘‘Docket No. 99–NM–90–AD’’ in the (e) Do a borescope inspection of the Kalene C. Yanamura, subject line and need not be submitted forward four bolt holes on each side of the Acting Manager, Transport Airplane in triplicate. Comments sent via the fail-safe bar of the flap tracks of the trailing Directorate, Aircraft Certification Service. Internet as attached electronic files must edge flaps for discrepancies (corrosion, [FR Doc. 02–16406 Filed 6–28–02; 8:45 am] be formatted in Microsoft Word 97 for cracks, damaged cadmium plating), per Part BILLING CODE 4910–13–P Windows or ASCII text. 2 of the Work Instructions of Boeing Service The service information referenced in Bulletin 747–57–2256, Revision 3, dated June the proposed rule may be obtained from 21, 2001. Then, do the actions specified in DEPARTMENT OF TRANSPORTATION Boeing Commercial Aircraft Group, paragraph (e)(1), (e)(2), or (e)(3) of this AD, Long Beach Division, 3855 Lakewood as applicable, and repeat the borescope Federal Aviation Administration Boulevard, Long Beach, California inspection every 8 years or 8,000 flight 90846, Attention: Data and Service cycles, whichever is first. Accomplishment of 14 CFR Part 39 the actions specified in this paragraph Management, Dept. C1–L5A (D800– terminates the requirements of paragraph (a) [Docket No. 99–NM–90–AD] 0024). This information may be of this AD. examined at the FAA, Transport RIN 2120–AA64 Airplane Directorate, 1601 Lind Corrective Actions Avenue, SW., Renton, Washington; or at Airworthiness Directives; McDonnell (1) If the cadmium plating is damaged, but the FAA, Los Angeles Aircraft Douglas Model DC–9 Airplanes and no corrosion or cracking is found: Before Certification Office, 3960 Paramount Model MD–88 Airplanes further flight, do the eddy current inspection Boulevard, Lakewood, California. specified in and per Part 2.F. of the Work AGENCY: Federal Aviation FOR FURTHER INFORMATION CONTACT: Instructions of the service bulletin. If no cracking is found, before further flight, Administration, DOT. Elvin Wheeler, Aerospace Engineer, cadmium plate the affected bolt holes per ACTION: Supplemental notice of Systems and Equipment Branch, ANM– Part 2.F. of the Work Instructions of the proposed rulemaking; reopening of 130L, FAA, Los Angeles Aircraft service bulletin. comment period. Certification Office, 3960 Paramount (2) If any corrosion is found, before further Boulevard, Lakewood, California flight, rework the affected bolt holes as SUMMARY: This document revises an 90712–4137; telephone (562) 627–5344; specified in and per Part 2.G. of the Work earlier proposed airworthiness directive fax (562) 627–5210. Instructions of the service bulletin. (AD), applicable to certain McDonnell SUPPLEMENTARY INFORMATION: (3) If any cracking is found, before further Douglas Model DC–9 airplanes and flight, repair per a method approved by the Model MD–88 airplanes, that would Comments Invited Manager, Seattle Aircraft Certification Office have required replacement of certain Interested persons are invited to (ACO), or per data meeting the type power relays, and subsequent repetitive participate in the making of the certification basis of the airplane approved overhauls of the replaced power relays. proposed rule by submitting such by a Boeing Company Designated That proposal was prompted by reports written data, views, or arguments as Engineering Representative who has been authorized by the Manager, Seattle ACO, to indicating that the alternating current they may desire. Communications shall make such findings. For a repair method to (AC) cross-tie relay shorted out identify the Rules Docket number and be approved by the Manager, Seattle ACO, as internally, which caused severe smoke be submitted in triplicate to the address required by this paragraph, the Manager’s and burn damage to the relay, aircraft specified above. All communications approval letter must specifically reference wiring, and adjacent panels. This new received on or before the closing date this AD. action revises the proposed rule by for comments, specified above, will be
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considered before taking action on the panels. That condition, if not corrected, repairing, and testing of relay proposed rule. The proposals contained may result in in-flight electrical fires. assemblies; as applicable. in this action may be changed in light Accomplishment of the actions Actions Since Issuance of Previous of the comments received. specified in the service bulletin is Proposal Submit comments using the following intended to adequately address the format: 1. Issuance of AD 2001–20–15 identified unsafe condition. • Organize comments issue-by-issue. Since the issuance of the first 4. Differences Between the Second For example, discuss a request to supplemental NPRM, the FAA has Supplemental NPRM and the change the compliance time and a issued AD 2001–20–15, amendment 39– Referenced Service Bulletin request to change the service bulletin 12463 (66 FR 51857, October 11, 2001), Operators should note that, although reference as two separate issues. which is applicable to certain • the procedures described in Boeing For each issue, state what specific McDonnell Douglas Model DC–9 change to the proposed AD is being Alert Service Bulletin DC9–24A191, airplanes and MD–88 airplanes. That Revision 01, dated January 8, 2002, requested. AD requires an inspection to determine specify maintenance (i.e., clean, inspect, • Include justification (e.g., reasons or if a certain AC cross-tie relay is repair, and test) of power relays, data) for each request. installed; replacement of a certain AC Sundstrand (Westinghouse) P/N Comments are specifically invited on cross-tie relay with a new AC cross-tie 9008D09 series, when they are beyond the overall regulatory, economic, relay; and repetitive cleaning, service interval limits, the second environmental, and energy aspects of inspection, repair, and testing of a supplemental NPRM does not require the proposed rule. All comments certain AC cross-tie relay. As discussed those procedures. For further submitted will be available, both before in the preamble of that AD, we explanation, see heading ‘‘Request to and after the closing date for comments, determined that AC cross-tie relays Delete Certain Requirements’’ in the in the Rules Docket for examination by having part number (P/N) 914F567–3 or preamble of the second supplemental interested persons. A report –4 pose a more serious safety condition NPRM. summarizing each FAA-public contact than previously determined in the first Operators should also note that the concerned with the substance of this supplemental NPRM. As a result, second supplemental NPRM would not proposal will be filed in the Rules actions required for the AC cross-tie require installation of certain power Docket. relays, P/Ns 914F567–3 and –4, that relays or replacement of the existing Commenters wishing the FAA to were specified in the first supplemental power relays with power relays that are acknowledge receipt of their comments NPRM have been specified in AD 2001– ‘‘within service interval limits’’ (i.e., submitted in response to this action 20–15. Therefore, we have revised this 7,000 flight hours) as described in the must submit a self-addressed, stamped second supplemental NPRM by service bulletin. The FAA has postcard on which the following removing the actions that would have determined that any generator power statement is made: ‘‘Comments to been required for the AC cross-tie relay, auxiliary power relay, or external Docket Number 99–NM–90–AD.’’ The relays, P/Ns 914F567–3 and –4. power relay having Sundstrand postcard will be date stamped and 2. Issuance of AD 2002–08–09 (Westinghouse) P/N 914F567–4 that is returned to the commenter. removed from the airplane must go The FAA also has issued AD 2002– Availability of NPRMs through maintenance and be made 08–09, amendment 39–12717 (67 FR serviceable before the power relay can Any person may obtain a copy of this 19637, April 23, 2002), which is be reinstalled on an airplane. Therefore, NPRM by submitting a request to the applicable to one McDonnell Douglas the second supplemental NPRM would FAA, Transport Airplane Directorate, Model DC–9–31 airplane, fuselage require cleaning, inspecting, repairing, ANM–114, Attention: Rules Docket No. number 0705. The requirements of that and testing of power relays having 99–NM–90–AD, 1601 Lind Avenue, AD for the DC–9–31 airplane are Sundstrand (Westinghouse) P/N SW., Renton, Washington 98055–4056. identical to those described above for 914F567–4, or replacing those power the airplanes affected by AD 2001–20– Discussion relays with serviceable power relays 15. having Sundstrand (Westinghouse) P/N A proposal to amend part 39 of the 9008D09 series or 914F567–4. The Federal Aviation Regulations (14 CFR 3. Explanation of New Service Information second supplemental NPRM also would part 39) to add an airworthiness require subsequent repetitive cleaning, directive (AD), applicable to certain The FAA has reviewed and approved inspecting, repairing, and testing of McDonnell Douglas Model DC–9 Boeing Alert Service Bulletin DC9– power relays having Sundstrand airplanes and Model MD–88 airplanes, 24A191, Revision 01, dated January 9, (Westinghouse) P/N 914F567–4. was published as a supplemental notice 2002. The service bulletin describes of proposed rulemaking (NPRM) in the procedures for a one-time inspection of Comments Received to First Federal Register on June 14, 2001 (66 the generator power relays, auxiliary Supplemental NPRM FR 32276). That original supplemental power relays, and external power relays Due consideration has been given to NPRM (hereafter referred to as ‘‘the first to determine if a certain Sundstrand the comments received in response to supplemental NPRM’’) would have (Westinghouse) P/N is installed; and the first supplemental NPRM. required replacement of certain power corrective actions, if necessary. The relays, and subsequent repetitive corrective actions include modifying Request To Delete Certain overhauls of the replaced power relays. and reidentifying the power relay Requirements The first supplemental NPRM was assemblies; installing certain power Several commenters request that the prompted by reports indicating that the relay assemblies within service interval repetitive overhauls for power relay, alternating current (AC) cross-tie relay limits; replacing the existing power Sundstrand (Westinghouse) P/N shorted out internally, which caused relay assemblies with power relay 9008D09 series, specified in paragraph severe smoke and burn damage to the assemblies that are within service (c) of the first supplemental NPRM, be relay, aircraft wiring, and adjacent interval limits; and cleaning, inspecting, deleted. The commenters state that there
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are no failure modes for that relay that applicability of the second extensions for all relays at the generator result in the identified unsafe condition supplemental NPRM. power, auxiliary power, and external specified in the first supplemental Further, we have revised model power positions. A third commenter NPRM. One commenter states that the designations in the applicability of the also supports the 30-day compliance design of the main contact arc box for second supplemental NPRM to reflect time for power relays at the cross-tie this relay is entirely different than that the model designations as published in position only, but does not request an of power relays, Sundstrand the most recent type certificate data extension for the power relays in the (Westinghouse) P/Ns 914F567–3 and –4, sheet for the affected airplanes. These other positions. One commenter states and is not susceptible to the same type model designations are also identified that relays at the generator power, of failure in the AC cross-tie position. in the effectivity of the referenced auxiliary power, and external power The FAA agrees that power relays service bulletin. Because of these positions are not as susceptible to the having Sundstrand (Westinghouse) P/N changes, we have also updated the identified unsafe condition and should 9008D09 series are not subject to the number of affected airplanes in the Cost be allowed to remain on the airplane identified unsafe condition of the Impact Section of the second until the next heavy maintenance check. second supplemental NPRM. Therefore, supplemental NPRM. The commenters also state that such an we have deleted the repetitive overhaul Requests To Revise Certain Compliance extension for those power relays will requirements for P/N 9008D09 from the Times not compromise safety and will allow second supplemental NPRM. the proposed overhaul to be Several commenters request that the accomplished during normal Requests for Clarification of 30-day compliance time for overhauling Applicability maintenance schedules. the power relays on the airplanes on One commenter requests that the 30- Several commenters request which the flight hours since day grace period specified in paragraphs clarification of the applicability to modification or installation of the AC (b)(2) and (c)(2) of the first supplemental ensure that operators are cognizant of power relay cannot be determined, as NPRM be extended for relays at the the repetitive overhaul requirements in specified in paragraph (d) of the first generator power, auxiliary power, and paragraphs (b), (c), and (d) of the first supplemental NPRM, be extended. external power positions only. The supplemental NPRM. The commenters Several commenters suggest a commenter provides similar note that the applicability of the first compliance time of 12 months. Two of justification as identified above for supplemental NPRM affects ‘‘Model these commenters request the extension extending the compliance time of DC–9 series airplanes and Model MD– for AC power relays, Sundstrand paragraph (d) of the first supplemental 88 airplanes, equipped with (Westinghouse) P/Ns 914F567–3 and –4, NPRM. Westinghouse alternating current (AC) and power relays, Sundstrand The FAA partially agrees. As power relays, part number (P/N) (Westinghouse) P/N 9008D09 series, of discussed previously, certain actions 914F567–3.’’ However, the proposed an undetermined service life for all required for the AC cross-tie relay repetitive overhauls specified in positions. One of the commenters having Sundstrand (Westinghouse) P/Ns paragraphs (b), (c), and (d) of the first requests the extension for AC power 914F567–3 and –4, and Sundstrand supplemental NPRM are for airplanes relays, Sundstrand (Westinghouse) P/Ns (Westinghouse) power relays having P/ equipped with power relays, 914F567–3 and –4, of an undetermined N 9008D09 series, that were specified in Sundstrand (Westinghouse) P/Ns service life in the cross-tie position the first supplemental NPRM have been 914F567–4 and 9008D09 series, and for only. The commenters note that deleted from the second supplemental airplanes on which the flight hours paragraph (a) of the first supplemental NPRM. Therefore, the commenters’ since modification or installation of the NPRM allows AC power relays, requested changes for those power AC power relay cannot be determined. Sundstrand (Westinghouse) P/N relays in the second supplemental The FAA agrees that the applicability 914F567–3, for all positions, to remain NPRM are unnecessary. needs to be clarified. Because the in service for 12 months before However, we agree that, for airplanes proposed actions for AC cross-tie relays replacement. Since the primary safety on which the flight hours since having Sundstrand (Westinghouse) P/N concern of the first supplemental NPRM installation of any generator power 914F567–3, and power relays having is related to power relays, Sundstrand relay, auxiliary power relay, or external Sundstrand (Westinghouse) P/N (Westinghouse) P/N 914F567–3, the power relay, Sundstrand 9008D09 series, have been deleted from commenters state that the compliance (Westinghouse) P/N 914F567–4, cannot the second supplemental NPRM, only time for the power relays, Sundstrand be determined, the compliance time the left and right generator power relays, (Westinghouse) P/N 914F567–4, of an specified in paragraph (d) of the first auxiliary power relays, and external undetermined service life should be the supplemental NPRM (redesignated as power relays, Sundstrand same as that of power relays, paragraph (c)(2) in the second (Westinghouse) P/Ns 914F567–3 and –4, Sundstrand (Westinghouse) P/N supplemental NPRM) should be are subject to the requirements of the 914F567–3 (i.e., 12 months). One of extended from 30 days to 24 months. second supplemental NPRM. We have these commenters and another We also agree that the 30-day grace determined that a one-time inspection commenter state that 30 days is not period specified in paragraph (b)(2) of of the left and right generator power enough time to obtain parts. One the first supplemental NPRM relays, auxiliary power relays, and commenter also states that the lead-time (redesignated as paragraph (c)(1) in the external power relays to determine if for obtaining parts is 245 days. second supplemental NPRM) for relays Sundstrand (Westinghouse) P/N One commenter suggests a at the generator power, auxiliary power, 914F567–3 or –4 is installed, is compliance time of two years or at the and external power positions should be necessary (see heading ‘‘3. Explanation next heavy maintenance check, extended to 24 months. of New Service Information’’). whichever occurs first, and another We have reviewed the service bulletin Therefore, we have deleted the phrase commenter suggests 90 or 120 days. The (discussed previously) submitted by the ‘‘equipped with Westinghouse two commenters support the 30-day manufacturer as to recommended alternating current (AC) power relays, compliance time for power relays at the maintenance (i.e., cleaning, inspecting, part number (P/N) 914F567–3’’ from the cross-tie position only, but request the repairing, and testing) period (i.e., 24
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months). We have determined that dated January 9, 2002 (described exists when a power relay, Sundstrand extending the proposed compliance previously). Boeing Alert Service (Westinghouse) P/N 914F567–3, is time of 30 days specified in paragraph Bulletin DC9–24A191 references installed in those positions. The (d) of the first supplemental NPRM Westinghouse Overhaul Manual 24–20– accumulation of conductive particle (redesignated as paragraph (c)(2) in the 46 (for relays, P/N 914F567–4) and material on any power relays, second supplemental NPRM) and the Hamilton Sundstrand CMM 24–20–87 Sundstrand (Westinghouse) P/N proposed grace period of 30 days (for relays, P/N 9008D08 series) as 914F567–3, can build an electrical path specified in paragraph (b)(2) of the first additional sources of service to its adjacent terminal and cause a supplemental NPRM (now specified in information for accomplishing the phase-to-phase short circuit. Such a paragraph (c)(1) in the second proposed repetitive maintenance short circuit will result in internal supplemental NPRM) to 24 months will actions. However, as discussed arcing of the power relays and provide an acceptable level of safety. previously, we have deleted the consequent smoke and/or fire in the Therefore, we have revised the repetitive overhaul requirements for cockpit and cabin. The second compliance time for maintenance of power relays, Sundstrand supplemental NPRM addresses that generator power relays, auxiliary power (Westinghouse) P/N 9008D09 series, potential unsafe condition by removing relays, and external power relays, from the second supplemental NPRM. generator power relays, auxiliary power Sundstrand (Westinghouse) P/N Therefore, we have revised the second relays, and external power relays, 914F567–4, specified in the second supplemental NPRM to require Sundstrand (Westinghouse) P/N supplemental NPRM accordingly. repetitive cleaning, inspecting, 914F567–3, and periodically removing repairing, and testing of generator power the build-up of conductive particle Request To Reconsider Use of Term relays, auxiliary power relays, and material from the generator power ‘‘Overhaul’’ external power relays, Sundstrand relays, auxiliary power relays, and Several commenters request that the (Westinghouse) P/N 914F567–4, only. external power relays, Sundstrand FAA reconsider the use of the term (Westinghouse) P/N 914F567–4. ‘‘overhaul’’ in the first supplemental Request To Limit Actions to Cross-Tie However, we find that clarification of NPRM. One commenter suggests using Position the wording of the unsafe condition of the phrase ‘‘between removals’’ instead Two commenters request that the the second supplemental NPRM is to avoid misinterpretation. Another actions required by the first necessary, because the identified unsafe commenter suggests the use of the term supplemental NPRM be limited to condition for AC cross-tie relays, ‘‘maintenance.’’ One commenter notes power relays in the cross-tie position Sundstrand (Westinghouse) P/N that power relays, Sundstrand only, which is identified as the unsafe 914F567–3 and –4, is now being (Westinghouse) P/Ns 914F567–3 and –4, condition in the first supplemental addressed in AD 2001–20–15. are maintained with an overhaul NPRM. One commenter states that there Therefore, we have revised the unsafe manual, while power relays, Sundstrand are no data to support the proposed condition specified throughout the (Westinghouse) P/N 9008D09 series, are actions for AC power relays at the second supplemental NPRM to read ‘‘to maintained with a component generator power, auxiliary power, or prevent internal arcing of the left and maintenance manual (CMM). This external power positions. The right generator power relays, auxiliary commenter states that the Common commenters understand the FAA’s power relays, and external power relays, Support Data Dictionary (CSDD) defines concern that if all relays are the same P/ and consequent smoke and/or fire in the overhaul as ‘‘The work necessary to N, there may be a risk of putting the cockpit and cabin.’’ return an item to the highest standard wrong part in the cross-tie position. specified in the relevant manual.’’ However, the commenters contend that Request To Include a New Paragraph Therefore, the commenter concludes operators have demonstrated their for Spares that an ‘‘overhaul’’ should not be capability to deal with position-related One commenter requests that a new mandated for power relay, Sundstrand restrictions for parts on airplanes, and paragraph be added to the first (Westinghouse) P/N 9008D09 series, that they can ensure that no relay, supplemental NPRM to state, ‘‘As of the because it is beyond the level of Sundstrand (Westinghouse) P/N effective date of this AD, no person shall maintenance required to address the 914F567–3, is installed in the cross-tie install an AC power relay P/N 914F567– accumulation of contamination. Based position. 3 at the cross-tie relay position on any on industry history, the commenter also One commenter states that it does not airplane.’’ The commenter states that states that maintenance (i.e., cleaning of support the need for replacement of this paragraph would prevent operators the contacts and a check and repair) for Westinghouse AC power relays, P/N from putting an unmodified relay in the power relay, Sundstrand 914F567–3, or the establishment of time cross-tie position during the time period (Westinghouse) P/N 9008D09 series, per between overhaul (TBO) limits for any that unmodified relays will be available. the CMM, is sufficient. of the AC power relays. The commenter The FAA does not agree. As discussed The FAA agrees with the commenters uses relays, P/Ns 914F567–3, 914F567– previously, we have revised the second that the use of the term ‘‘overhaul’’ in 4, 9008D09–1, and 9008D09–2, supplemental NPRM by removing the the first supplemental NPRM is not interchangeably in all seven positions, actions that would have been required correct. Our intent was that the including the cross-tie position. The for the AC cross-tie relays, Sundstrand repetitive overhauls remove the metallic commenter states that its service (Westinghouse) P/N 914F567–3. dust from electrical contact wear that experience indicates that each of these Therefore, no change to the second accumulates in the power relays. We relays operate reliably well beyond the supplemental NPRM is necessary in this find that such removal can be proposed TBO limits. regard. accomplished by cleaning, inspecting, The FAA does not agree. Although repairing, and testing of the generator there have been no reported cases of the Conclusion power relays, auxiliary power relays, power relays at the generator power, Since these changes expand the scope and external power relays (i.e., auxiliary power, or external power of the originally proposed rule, the FAA maintenance), per Boeing Alert Service positions shorting out internally, the has determined that it is necessary to Bulletin DC9–24A191, Revision 01, potential for an electrical short still reopen the comment period to provide
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additional opportunity for public The Proposed Amendment Replacement or Modification/ comment. Reidentification of Any Generator Power Accordingly, pursuant to the Relay, Auxiliary Power Relay, or External Cost Impact authority delegated to me by the Power Relay, P/N 914F567–3 Administrator, the Federal Aviation There are approximately 1,991 Model (b) If any generator power relay, auxiliary Administration proposes to amend part power relay, or external power relay, DC–9 airplanes and Model MD–88 39 of the Federal Aviation Regulations airplanes of the affected design in the Sundstrand (Westinghouse) P/N 914F567–3, (14 CFR part 39) as follows: is found installed during the inspection worldwide fleet. The FAA estimates that required by paragraph (a) of this AD, within 1,219 airplanes of U.S. registry would be PART 39—AIRWORTHINESS 24 months after the effective date of this AD, affected by this proposed AD, that it DIRECTIVES do either action(s) specified in paragraph would take approximately 2 work hours (b)(1) or (b)(2) of this AD per the per airplane to accomplish the proposed 1. The authority citation for part 39 Accomplishment Instructions of Boeing Alert inspection, and that the average labor continues to read as follows: Service Bulletin DC9–24A191, Revision 01, rate is $60 per work hour. Based on Authority: 49 U.S.C. 106(g), 40113, 44701. dated January 9, 2002. these figures, the cost impact of the (1) Replace power relay having Sundstrand § 39.13 [Amended] (Westinghouse) P/N 914F567–3 with either a proposed AD on U.S. operators is serviceable power relay having Sundstrand estimated to be $146,288, or $120 per 2. Section 39.13 is amended by adding the following new airworthiness (Westinghouse) P/N 9008D09 series or airplane. 914F567–4. directive: The cost impact figure discussed (2) Modify the power relay, Sundstrand above is based on assumptions that no McDonnell Douglas: Docket 99–NM–90–AD. (Westinghouse) P/N 914F567–3, to a –4 operator has yet accomplished any of Applicability: This AD applies to the configuration. the proposed requirements of this AD following airplanes, certificated in any Maintenance or Replacement of Any action, and that no operator would category, as listed in Boeing Alert Service Generator Power Relay, Auxiliary Power accomplish those actions in the future if Bulletin DC9–24A191, Revision 01, dated Relay, or External Power Relay, P/N January 9, 2002: this AD were not adopted. The cost 914F567–4 impact figures discussed in AD McDonnell Douglas Model (c) If any generator power relay, auxiliary rulemaking actions represent only the DC–9–11, DC–9–12, DC–9–13, DC–9–14, DC– power relay, or external power relay, time necessary to perform the specific 9–15, and DC–9–15F airplanes Sundstrand (Westinghouse) P/N 914F567–4, actions actually required by the AD. DC–9–21 airplanes is found installed during the inspection DC–9–31, DC–9–32, DC–9–32 (VC–9C), DC– These figures typically do not include required by paragraph (a) of this AD, clean, 9–32F, DC–9–32F (C–9A, C–9B), DC–9– inspect, repair, and test the relay, or replace incidental costs, such as the time 33F, DC–9–34, and DC–9–34F airplanes the power relay with a serviceable power required to gain access and close up, DC–9–41 airplanes relay having Sundstrand (Westinghouse) P/N planning time, or time necessitated by DC–9–51 airplanes 9008D09 series or 914F567–4; per Boeing other administrative actions. DC–9–81 (MD–81), DC–9–82 (MD–82), DC– Alert Service Bulletin DC9–24A191, Revision 9–83 (MD–83), and DC–9–87 (MD–87) 01, dated January 9, 2002; at the time Regulatory Impact airplanes specified in paragraph (c)(1) of this AD, The regulations proposed herein MD–88 airplanes except as provided by paragraph (c)(2) of this would not have a substantial direct Note 1: This AD applies to each airplane AD. effect on the States, on the relationship identified in the preceding applicability (1) Within 7,000 flight hours after provision, regardless of whether it has been installation of the generator power relay, between the national Government and modified, altered, or repaired in the area auxiliary power relay, or external power the States, or on the distribution of subject to the requirements of this AD. For relay, Sundstrand (Westinghouse) P/N power and responsibilities among the airplanes that have been modified, altered, or 914F567–4, or within 24 months after the various levels of government. Therefore, repaired so that the performance of the effective date of this AD, whichever occurs it is determined that this proposal requirements of this AD is affected, the later. would not have federalism implications owner/operator must request approval for an (2) For airplanes on which the flight hours under Executive Order 13132. alternative method of compliance in since installation of any generator power For the reasons discussed above, I accordance with paragraph (e) of this AD. relay, auxiliary power relay, or external The request should include an assessment of power relay, Sundstrand (Westinghouse) P/N certify that this proposed regulation (1) the effect of the modification, alteration, or 914F567–4, cannot be determined: Within 24 is not a ‘‘significant regulatory action’’ repair on the unsafe condition addressed by months after the effective date of this AD. under Executive Order 12866; (2) is not this AD; and, if the unsafe condition has not a ‘‘significant rule’’ under the DOT been eliminated, the request should include Repetitive Maintenance of Generator Power Regulatory Policies and Procedures (44 specific proposed actions to address it. Relay, Auxiliary Power Relay, or External Power Relay, Sundstrand (Westinghouse) P/ Compliance: Required as indicated, unless FR 11034, February 26, 1979); and (3) if N 914F567–4 promulgated, will not have a significant accomplished previously. economic impact, positive or negative, To prevent internal arcing of the left and (d) Before or upon the accumulation of 7,000 flight hours on any generator power on a substantial number of small entities right generator power relays, auxiliary power relays, and external power relays, and relay, auxiliary power relay, or external under the criteria of the Regulatory consequent smoke and/or fire in the cockpit power relay, Sundstrand (Westinghouse) P/N Flexibility Act. A copy of the draft and cabin, accomplish the following: 914F567–4 since accomplishing the action(s) regulatory evaluation prepared for this required by either paragraph (b) or (c) of this action is contained in the Rules Docket. Inspection AD, as applicable, clean, inspect, repair, and A copy of it may be obtained by (a) Within 24 months after the effective test; per Boeing Alert Service Bulletin DC9– contacting the Rules Docket at the date of this AD, perform a one-time 24A191, Revision 01, dated January 9, 2002. location provided under the caption inspection of the left and right generator Thereafter, repeat these actions at intervals power relays, auxiliary power relays, and ADDRESSES. not to exceed the accumulation of 7,000 external power relays, to determine if flight hours on the power relay. List of Subjects in 14 CFR Part 39 Sundstrand (Westinghouse) part number (P/ N) 914F567–3 or –4, is installed, per Boeing Alternative Methods of Compliance Air transportation, Aircraft, Aviation Alert Service Bulletin DC9–24A191, Revision (e) An alternative method of compliance or safety, Safety. 01, dated January 9, 2002. adjustment of the compliance time that
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provides an acceptable level of safety may be DATES: Written comments must be Recording criteria for cases involving used if approved by the Manager, Los received by August 30, 2002. work-related musculoskeletal disorders Angeles Aircraft Certification Office (ACO), ADDRESSES: Because of security-related until January 1, 2003. OSHA explained FAA. Operators shall submit their requests that it was reconsidering the through an appropriate FAA Principal problems in receiving regular mail Maintenance Inspector, who may add service in a timely manner, OSHA is requirement in 29 CFR 1904.12 that comments and then send it to the Manager, requiring that comments be submitted employers check the MSD column on Los Angeles ACO. by one of the following means: (1) Hard the OSHA Log for a case involving a Note 2: Information concerning the copy hand-delivered to the Docket ‘‘musculoskeletal disorder’’ as defined existence of approved alternative methods of Office; (2) hard copy delivered by in that section. This action was taken in compliance with this AD, if any, may be Express Mail or other overnight delivery light of the Secretary of Labor’s decision obtained from the Los Angeles ACO. service; (3) electronic mail through to develop a comprehensive plan to address ergonomic hazards, and to Special Flight Permits OSHA’s website; or (4) facsimile (fax) schedule a series of forums to consider (f) Special flight permits may be issued in transmission. If you are submitting comments, please do not send them by key issues relating to the plan, including accordance with sections 21.197 and 21.199 the approach to defining ergonomic of the Federal Aviation Regulations (14 CFR more than one of these media (except as 21.197 and 21.199) to operate the airplane to noted under ‘‘submitting comments injuries. a location where the requirements of this AD electronically’’). The following After considering the views of can be accomplished. requirements apply to submission of interested parties, OSHA published a final rule on October 12, 2001 delaying Issued in Renton, Washington, on June 24, comments on this proposal: 2002. Submitting comments in hard copy: the effective date of 29 CFR 1904.12 until January 1, 2003. OSHA also added Kalene C. Yanamura, Written comments are to be submitted in triplicate. Comments may be hand- a note to 29 CFR 1904.29(b)(7)(vi) Acting Manager, Transport Airplane explaining that the second sentence of Directorate, Aircraft Certification Service. delivered, or sent by U.S. Postal Service Express Mail or other overnight delivery that section, which provides that MSDs [FR Doc. 02–16407 Filed 6–28–02; 8:45 am] are not ‘‘privacy concern cases,’’ would BILLING CODE 4910–13–P service, to: Docket Officer, Docket No. R–02B, Occupational Safety and Health not become effective until January 1, Administration, Room N–2625, U.S. 2003. OSHA concluded that delaying the Department of Labor, 200 Constitution DEPARTMENT OF LABOR effective date of the MSD definition in Avenue, NW., Washington, DC 20210, Section 1904.12 was appropriate telephone (202) 693–2350 (OSHA’s TTY Occupational Safety and Health because the Secretary was considering a number is (877) 889–5627). Administration related definitional question in the Submitting comments electronically: context of her comprehensive Comments may be sent electronically 29 CFR Part 1904 ergonomics plan. The Agency found from the OSHA website at http:// that it would be premature to [Docket No. R–02B] ecomments.osha.gov. Please note that implement § 1904.12 before considering RIN 1218–AC06 you may not attach materials such as the views of business, labor and the studies or journal articles to your Occupational Injury and Illness public health community on the electronic statement. If you wish to problem of ergonomic hazards. It also Recording and Reporting include such materials, you must Requirements found that it would create confusion submit three copies to the OSHA Docket and uncertainty to require employers to AGENCY: Occupational Safety and Health Office at the address listed above. When implement the new definition of MSD Administration (OSHA), Department of submitting such materials to the OSHA contained in § 1904.12 while the Labor. Docket Office, you must clearly identify Secretary was considering how to define your electronic statement by name, date, ACTION: Proposed delay of effective an ergonomic injury under the and subject, so that we can attach the dates; request for comment. comprehensive plan. materials to your electronically- On April 5, 2002, OSHA announced SUMMARY: The Occupational Safety and submitted statement. a comprehensive plan to address Health Administration (OSHA) is Submitting comments by fax: ergonomic injuries through a proposing to delay the effective dates of Comments of 10 pages or less may be combination of industry-targeted three provisions of the Occupational faxed to the OSHA Docket Office at guidelines, enforcement measures, Injury and Illness Recording and (202) 693–1648. workplace outreach, research, and Reporting Requirements rule that are FOR FURTHER INFORMATION CONTACT: Jim dedicated efforts to protect Hispanic presently scheduled to take effect on Maddux, Occupational Safety and and other immigrant workers. OSHA January 1, 2003 until January 1, 2004. Health Administration, U.S. Department found that no single definition of The first defines ‘‘musculoskeletal of Labor, Directorate of Safety Standards ‘‘ergonomic injury’’ was appropriate for disorder (MSD)’’ and requires employers Programs, Room N–3609, 200 all contexts. The Agency stated that it to check the MSD column on the OSHA Constitution Avenue, NW., Washington, would work closely with stakeholders to Log if an employee experiences a DC 20210. Telephone (202) 693–2222. develop definitions for MSDs as part of recordable musculoskeletal disorder. SUPPLEMENTARY INFORMATION: its overall effort to develop industry-or- The second provision states that task specific guidance materials. musculoskeleletal disorders (MSDs) are I. The MSD Provisions not considered ‘‘privacy concern cases.’’ In January, 2001 OSHA published Reasons for Delay The third provision requires employers revisions to its rule on recording and OSHA must now determine whether a to enter a check mark in the hearing loss reporting occupational injuries and single definition of MSD is appropriate column on the 300 Log for cases illnesses (66 FR 5916–6135) to take and useful for recordkeeping purposes, involving occupational hearing loss. effect on January 1, 2002. On July 3, and if so, whether the new definition in OSHA is requesting comment on these 2001, OSHA proposed to delay the § 1904.12 is the appropriate one. OSHA proposed delays. effective date of 29 CFR 1904.12 has preliminarily concluded that
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delaying the effective date of § 1910.12 which injuries and illnesses should be By narrowing the definition of MSD until January 1, 2004 will give the classified under the category of ‘‘MSDs’’ in § 1904.12 to focus on a group of Agency the time necessary to resolve or ‘‘ergonomic injuries’’ during the similar or related health conditions, whether and how MSDs should be calendar year 2003. some forum participants maintained, defined for recordkeeping purposes and During 2003, employers would record OSHA would produce more useful will cause the least disruption to disorders affecting the muscles, nerves, statistics. For example, it was argued employers, employees and the Bureau of tendons, ligaments and other soft tissue that data on disorders caused by Labor Statistics (BLS)—the federal areas of the body in accordance with the repetitive or cumulative activity would agency responsible for compiling and general criteria in §§ 1904.4–1904.7 be more relevant for purposes of publishing occupational injury and applicable to any injury or illness. developing ergonomics programs than illness statistics. Employers would also treat the would data that included disorders In these circumstances, OSHA symptoms of soft-tissue disorders the caused by one-time events. believes that delaying the effective date same as symptoms of any other injury Alternatively, more relevant data might of § 1910.12 for an additional year is or illness. Soft-tissue cases would be be produced if the MSD definition were preferable to allowing the section to take recordable only if they are work-related limited in its application to employment effect on January 1, 2003 as scheduled. (§ 1904.5), are a new case (§ 1904.6), conditions involving regular or routine To implement the section beginning in and meet one or more of the general exposure to the activity that resulted in 2003, OSHA would have to issue new recording criteria (§ 1904.7). Employers the injury. forms containing the MSD column and would continue to check either the On the other hand, some forum definition, and employers would have ‘‘injury’’ or the ‘‘all other illness’’ participants urged that the § 1904.12 to train their personnel to apply the new column, as appropriate. definition is widely recognized as requirements. If OSHA finally decides appropriate for scientific and statistical to revoke or modify the definition of The MSD Definition and 300 Form purposes, and that limiting the MSD beginning in calendar year 2004, Column definition might lead to a loss of useful these efforts by employers and others to The definition of MSD was a topic in data. Some holding this view argued implement the definition during the forums held in 2001 to elicit that the existing definition is also the calendar year 2003 would be wasted information about how to deal with most relevant one for purposes of and employees would have to be ergonomics problems. Information developing ergonomics programs retrained. MSD statistics produced for received during the forums relative to because, among other things, it is often 2003 would have little value because the definition of an ergonomics injury difficult to determine if an MSD was they would not be comparable to data has been included in this rulemaking caused by a single event or if a single for prior years, or to data for 2004 and record (Exhibit 2) and may be used to event was merely the last in a series of events that led to the injury. Some even subsequent years. OSHA therefore develop and support a final rule. believes that the one-year proposed argued that the existing definition Some of the forum participants delay in implementation of § 1910.12 is should be expanded to include supported the MSD definition published appropriate while the Agency continues additional disorders. to consider the issue of whether and in the 2001 rule. These participants In 2002, OSHA announced a how to define MSDs for recordkeeping contended generally that the definition comprehensive four-part strategy for purposes. is similar to definitions used by other dealing with the ergonomics issue. The If the effective date of § 1904.12 is government agencies, consensus strategy did not include a single finally delayed, and OSHA then decides standards committees, the National definition of MSD, recognizing that that the definition in that section is the Academy of Sciences, and other MSD is a term of art in scientific appropriate one, the definition will countries; that the definition has a literature that refers collectively to a automatically take effect on January 1, sound scientific basis; and that the group of injuries and illnesses that affect 2004 without the need for further action definition is easily understood by the musculoskeletal system and that by the Agency. If, on the other hand, employers, unions, workers and the there is no single diagnosis for MSDs. OSHA decides that no definition, or a government. The frequently asked questions (FAQs) different definition, is warranted, the Other participants argued that to issued with the comprehensive Agency would complete the necessary define MSD, as § 1904.12 does, to approach noted that, as OSHA develops rulemaking procedures to revoke or include all soft-tissue disorders except guidance material for specific modify § 1901.12 as of January 1, 2004. those resulting from slips trips or falls, industries, the agency may narrow the lumps together a broad range of ill- definition as appropriate to address the Effect of the Proposed Delay of the defined and unrelated health specific workplace hazards covered, and Effective Date of § 1904.12 on conditions. They contended that this that OSHA will work closely with Employers’ Recordkeeping Obligations approach serves no useful purpose and stakeholders to develop definitions for in Calendar Year 2003 could be counter-productive. Some MSDs as part of its overall effort to This proposal to delay the effective holding this view pointed out that the develop guidance materials. date of § 1904.12 does not affect the § 1904.12 definition includes at least OSHA believes that additional study employer’s obligation to record all two distinct categories of disorders is needed to determine whether the injuries and illnesses that meet the which should be addressed separately. MSD definition in Section 1904.12 criteria set out in §§ 1904.4–1904.7. One class of disorders are those caused captures an overly diverse group of Employers must continue to record soft- by a single event, such as a heavy lift, health outcomes. Some evidence tissue disorders, including those a particularly awkward motion, or some submitted during the ergonomics involving subjective symptoms such as other one-time event. The other class forums suggests that the definition pain, as injuries or illnesses if they meet includes disorders caused by repetitive would be more useful for occupational the general recording criteria that apply or cumulative events, such as repetitive safety and health purposes if it to all injuries and illnesses. The lifting, typing, or assembly line work. addressed only soft-tissue disorders proposed delay simply means that Some types of disorders may be caused having certain key factors in common. employers will not have to determine by either type of event. This approach argues against
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combining, for example, back pain and 1904.10(a) and 1904.10(b)(1)–(7), are national statistics on occupational tendinitis in a single definition, because contained in a separate Federal Register hearing loss. OSHA is working with the the causes and treatment of these document published today. The BLS, the agency primarily responsible disorders are often very different. At the amended rule revises in part the for producing national occupational same time, OSHA recognizes that much criterion for determining which shifts in injury and illness statistics, to needs to be learned about soft tissue hearing are recordable, eliminates the investigate alternative survey methods disorders and that the § 1904.12 presumption of work-relationship, and that could be used to produce more definition, or one similar to it, may be retains other elements of the January reliable hearing loss statistics without the most appropriate one for some 2001 rule. Section 1904.10(b)(7) the need for a column. Both government purposes. contains the requirement stated in the and employer resources could be At this time there appear to be three January 2001 rule to check the hearing conserved by delaying implementation approaches to defining MSDs for loss column on the Log for cases that of § 1904.10(b)(7) for a year while recordkeeping purposes. OSHA could meet the criteria for recording alternative approaches for improving allow the existing definition in occupational hearing loss. hearing loss statistics are explored. § 1904.12 to take effect, which, in turn, Finally, OSHA notes that it is Reasons for Delay could result in the production of reconsidering the need for an MSD corresponding statistical data by the OSHA stated that it included a column, and that resolution of that BLS. OSHA could decide that the separate hearing loss column in the question may require a change in the existing definition is too broad to be January 2001 rule to improve the OSHA 300 Log form beginning in 2004. useful, and delete it from the rule. national statistics on the subject of If 29 CFR 1904.10(b)(7) is to take effect Finally, OSHA could develop a new occupational hearing loss. OSHA noted on January 1, 2003, as scheduled, OSHA definition for the recordkeeping rule, in the preamble that the Bureau of Labor will have to issue revised forms for 2003 which BLS could also adopt for Statistics (BLS) collects only the containing a hearing loss column. It statistical purposes. For example, the relatively small fraction of recorded would be beneficial to delay making definition could focus on repetitive or hearing loss cases that result in days changes in the forms until the MSD cumulative hazards by defining MSDs away from work (66 FR 6004, 6005). column issue is decided, so that only as ‘‘musculoskeletal disorders Adding a hearing loss column to the 300 one further round of revisions will be associated with repetitive motion and/or Log would improve the national required. It would be confusing and stress.’’ Alternatively, OSHA might link statistics, OSHA concluded, ‘‘[b]ecause burdensome for the regulated the definition to exposure to hazards by BLS will collect hearing loss data in community if OSHA were to issue defining MSDs to include only cases in future years both for cases with and revised forms for 2003 containing a which there was regular or routine without days away from work, which hearing loss column, and then to issue exposure to the activity that resulted in will allow for more reliable published further revised forms for 2004 reflecting the injury. statistics concerning this widespread a final decision on the MSD column. For occupational disorder’’ (66 FR 6005). these reasons, OSHA is proposing to II. The Hearing Loss Column OSHA believes that this rationale for delay the effective date of 29 CFR Section 1904.10 of the January 2001 requiring a hearing loss column on the 1904.10(b)(7) for one year while the final rule required employers to check Log should be reconsidered, and that agency reconsiders the need for a the ‘‘hearing loss’’ column on the 300 public comment on the advantages and separate hearing loss column on the 300 Log for each case in which an disadvantages of the column should be Log. audiogram revealed that a Standard weighed, before the requirement Threshold Shift (STS) had occurred. On becomes effective. OSHA did not III. Issues for Public Comment July 3, 2001, OSHA proposed to delay include a hearing loss column in the OSHA invites comment on the the effective date of Section 1904.10 for 1996 proposed recordkeeping rule, and following issues: one year so that it could reconsider did not ask for comment on whether a whether the occurrence of an STS is the column should be required in the final Hearing Loss Column appropriate criteria for recording rule. The July 3, 2001 proposal to Issue 1. OSHA requests comment on hearing loss cases (66 FR 35114). OSHA reconsider the § 1904.10 criteria for the proposed delay of the effective date asked for comment on the proposed recording hearing loss cases also did not of 29 CFR 1904.10(b)(7) until January 1, decision to delay the effective date and give clear notice that the column 2004, including any reasons for on alternative criteria for recording requirement was under review. supporting or opposing the delayed occupational hearing loss (id. at 35115). Therefore, OSHA’s decision to require a effective date. On October 12, 2001, OSHA issued a hearing loss column in the January 2001 Issue 2. Is a hearing loss column final rule delaying the effective date of final rule, and subsequently to include needed on the OSHA 300 Log? Would Section 1904.10 until January 1, 2003 the column requirement in the the statistics generated by an additional and establishing criteria for recording amendment to § 1904.10, was made column be superior to the statistics now hearing loss cases to be used in calendar without considering the views of all generated by the BLS? For what year 2002 (66 FR 52031–52034). The interested parties. OSHA believes that it purposes would the statistics be used? October 12 final rule also stated that should have the benefit of all Are there other ways to produce new OSHA 300 Log forms would be viewpoints, including those of occupational hearing loss statistics that issued for use in 2002 that did not employers who would be subject to the do not require revision of the forms? contain the MSD or hearing loss requirement, and those of scientists, Would there be additional costs or columns (id. at 52034). statisticians and others who would burdens associated with adding a After considering the comments gather and interpret the data, before hearing loss column to the 300 Log? submitted pursuant to the July 2001 finally resolving this matter. Additional benefits? notice, OSHA decided to revise the In addition, the agency itself has criteria for recording occupational concerns about whether requiring a MSD hearing loss. The amended hearing loss hearing loss column is necessary, or is Issue 1. OSHA requests comment on criteria, now designated 29 CFR the best way, to produce more reliable the proposed delay of the Section
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1904.12 effective dates until January 1, Paperwork Reduction Act This section is effective January 1, 2004, including any reasons for The proposed rule will continue 2004. From January 1, 2002 until supporting or opposing the delayed OSHA’s current policies regarding the December 31, 2003, you are required to effective dates. recording of soft tissue disorders and record work-related injuries and Issue 2. Is an MSD column needed on will not impose any new paperwork illnesses involving muscles, nerves, the OSHA 300 Log? Should the column requirements. tendons, ligaments, joints, cartilage and be reinstated in § 1904.12 or should spinal discs in accordance with the § 1904.12 be deleted? Would the Regulatory Flexibility Certification requirements applicable to any injury or statistics generated by an additional Pursuant to the Regulatory Flexibility illness under §§ 1904.5, 1904.6, 1904.7, column be superior to the statistics now Act (5 U.S.C. 601), the Assistant and 1904.29. For entry (M) on the OSHA generated by the BLS? Are there other Secretary certifies that the proposed rule 300 Log, you must check either the ways to produce statistics on MSDs that will not have a significant adverse entry for ‘‘injury’’ or ‘‘all other do not require revision of the forms? If impact on a substantial number of small illnesses.’’ the column is retained, should it entities. The rule does not add any new 4. Revise § 1904.29(b)(7)(vi) to read as include both injuries and illnesses, or requirements, but merely delays the follows: should it be limited to MSD illnesses? effective date of Section 1904.12. The Are there other problems associated delay will not impose any additional § 1904.29 Forms. with an MSD column on the 300 Log? costs on the regulated public. * * * * * Are there other advantages to the Executive Order (b) * * * column? (7) * * * Issue 3. If OSHA decides to include a This document has been deemed (vi) Other illnesses, if the employee separate column for MSD injuries and significant under Executive Order 12866 independently and voluntarily requests illnesses, what definition of MSD and has been reviewed by OMB. that his or her name not be entered on should be used? Should the definition Authority the log. Musculoskeletal disorders include a broad class of disorders, or be (MSDs) are not considered privacy This document was prepared under limited by the type of injury (such as by concern cases. the direction of John L. Henshaw, excluding back cases)? Should the Assistant Secretary for Occupational Note: The first sentence of this definition exclude injuries caused by Safety and Health, U.S. Department of § 1904.29(b)(7)(vi) is effective on January 1, one-time events? Should the definition 2002. The second sentence is effective Labor, 200 Constitution Avenue, NW., exclude disorders caused by beginning on January 1, 2004. Washington, DC 20210. It is issued infrequently performed activities? In pursuant to section 8 of the * * * * * particular, what are the relative merits Occupational Safety and Health Act of of the current § 1904.12 definition and [FR Doc. 02–16393 Filed 6–28–02; 8:45 am] 1970 (29 U.S.C. 657). an MSD definition that would focus on BILLING CODE 4510–26–P disorders associated with work-related Signed at Washington, DC, this 25th day of repetitive motion and/or stress. June, 2002. John L. Henshaw, ENVIRONMENTAL PROTECTION State Plans Assistant Secretary of Labor. AGENCY 26 States and territories operate their For the reasons stated in the own OSHA-approved occupational preamble, OSHA proposes to amend 29 40 CFR Part 52 safety and health plans. These states CFR part 1904 as set forth below: [CA 243–0357b; FRL–7232–7] and territories are: Alaska, Arizona, California, Hawaii, Indiana, Iowa, PART 1904—[AMENDED] Revisions to the California State Kentucky, Maryland, Michigan, 1. The authority citation for part 1904 Implementation Plan; Bay Area Air Minnesota, Nevada, New Mexico, North continues to read as follows: Quality Management District; South Carolina, Oregon, Puerto Rico, South Coast Air Quality Management District Carolina, Tennessee, Utah, Vermont, Authority: 29 U.S.C. 657, 658, 660, 666, Virginia, Virgin Islands, Washington, 669, 673, Secretary of Labor’s Order No. 3– AGENCY: Environmental Protection 2000 (65 FR 50017), and 5 U.S.C. 533. and Wyoming. Connecticut, New Jersey, Agency (EPA). and New York have OSHA approved 2. Revise § 1904.10(b)(7) to read as ACTION: Proposed rule. State Plans that apply to state and local follows: SUMMARY: EPA is proposing to approve government employees only. For § 1904.10 Recording criteria for cases revisions to the portions of the requirements that determine which involving occupational hearing loss. California State Implementation Plan occupational injuries and illnesses are * * * * * (SIP) that are associated with the Bay recorded and how they are recorded, the (b) * * * Area Air Quality Management District States must have the same requirements (7) How do I complete the 300 Log for (BAAQMD) and South Coast Air Quality as Federal OSHA to ensure the a hearing loss case? When you enter a Management District (SCAQMD). These uniformity of the collected information recordable hearing loss case on the revisions concern volatile organic (See § 1904.37 and § 1952.4). Therefore, OSHA 300 Log, you must check the 300 compound emissions from solid waste these States and territories will be Log column for hearing loss. disposal sites. We are proposing to required to adopt a regulation that is Note: § 1904.10(b)(7) is effective beginning approve local rules to regulate these substantially identical to any final January 1, 2004. emission sources under the Clean Air federal regulation issued pursuant to Act as amended in 1990 (CAA or the this proposal. A final regulation could 3. Revise the note to § 1904.12 to read Act). include a delay of effective dates for as follows: specific provisions of §§ 1904.10 and § 1904.12 Recording criteria for cases DATES: Any comments on this proposal 1904.12, the adoption of substantive involving work-related musculoskeletal must arrive by July 31, 2002. requirements within §§ 1904.10 and disorders. ADDRESSES: Mail comments to Andy 1904.12, or both. Steckel, Rulemaking Office Chief (AIR–
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4), U.S. Environmental Protection ENVIRONMENTAL PROTECTION Barbara area, was classified by operation Agency, Region IX, 75 Hawthorne AGENCY of law as marginal, moderate, serious, Street, San Francisco, CA 94105–3901. severe, or extreme depending on the 40 CFR Parts 52 and 81 You can inspect copies of the severity of the area’s air quality submitted SIP revisions and EPA’s [CA 268–0360; FRL–7239–9] problem. CAA sections 107(d)(1)(C) and 181(a). The Santa Barbara area was technical support documents (TSDs) at initially classified as moderate. See 40 our Region IX office during normal Approval and Promulgation of Implementation Plans and CFR 81.305 and 56 FR 56694 (November business hours. You may also see copies Determination of Attainment of the 1- 6, 1991). of the submitted SIP revisions at the Hour Ozone Standard for the Santa Upon the Santa Barbara area’s following locations: Barbara County Area, California classification as moderate, the CAA California Air Resources Board, required submittal of a state AGENCY: Environmental Protection Stationary Source Division, Rule implementation plan (SIP) Agency (EPA). Evaluation Section, 1001 ‘‘I’’ Street, demonstrating attainment of the 1-hour ACTION: Sacramento, CA 95814. Proposed rule. ozone standard as expeditiously as practicable but no later than November SUMMARY: EPA is proposing to Bay Area Air Quality Management 15, 1996. CAA sections 181(a)(1) and determine that the Santa Barbara County District, 939 Ellis Street, San 182(b)(1)(A)(i). The SIP had to meet area has attained the 1-hour ozone air Francisco, CA 94109–7799. several other CAA requirements for quality standard by the deadline South Coast Air Quality Management moderate areas. See generally CAA required by the Clean Air Act. EPA is District, 21865 E. Copley Drive, section 182(b). The Santa Barbara also proposing to approve 1-hour ozone County Air Pollution Control District Diamond Bar, CA 91765–4182. contingency measures as revisions to (SBCAPCD) prepared a moderate area FOR FURTHER INFORMATION CONTACT: the Santa Barbara portion of the Mae plan, which was timely submitted by California State Implementation Plan Wang, Rulemaking Office (AIR–4), U.S. the California Air Resources Board (SIP). Environmental Protection Agency, (CARB). CARB later withdrew the Region IX, (415) 947–4124. DATES: Comments on this proposal must attainment demonstration, since the SUPPLEMENTARY INFORMATION: This be received by July 31, 2002. area continued to violate the 1-hour proposal addresses the following local ADDRESSES: Please address your standard in 1996. We approved the rules: BAAQMD Rule 8–34 and comments to: Dave Jesson, Air Planning remaining portions of the SIP on SCAQMD Rule 1150.1. In the Rules and Office (AIR–2), Air Division, U.S. EPA, January 8, 1997 (62 FR 1187). Regulations section of this Federal Region 9, 75 Hawthorne Street, San On December 10, 1997 (62 FR 65025), Register, we are approving these local Francisco, CA 94105–3901. we determined that the area had not Copies of the SIP materials are rules in a direct final action without attained the 1-hour ozone standard by available for public inspection during prior proposal because we believe these the November 15, 1996 attainment date. normal business hours at EPA’s Region As a result of that finding, the Santa SIP revisions are not controversial. If we 9 office and at the following locations: Barbara area was reclassified to serious, receive adverse comments, however, we California Air Resources Board, 1001 I by operation of law under CAA section will publish a timely withdrawal of the Street, Sacramento, CA 95814 181(b)(1)(A). direct final rule and address the Santa Barbara County Air Pollution Upon the area’s reclassification to comments in subsequent action based Control District, 26 Castilian Drive, serious, the CAA required California to on this proposed rule. Please note that Suite B–23, Goleta, CA 93117 submit a revised SIP demonstrating if we receive adverse comment on an The SIP materials are also attainment of the 1-hour ozone standard amendment, paragraph, or section of electronically available at: http:// in the Santa Barbara area as this rule and if that provision may be www.sbcapcd.org/capes.htm expeditiously as practicable but no later severed from the remainder of the rule, FOR FURTHER INFORMATION CONTACT: than November 15, 1999. CAA sections we may adopt as final those provisions Dave Jesson, US EPA Region 9, at(415) 181(a)(1)and 182(c)(2)(A). In response, of the rule that are not the subject of an 972–3957, or [email protected] SBCAPCD adopted and CARB submitted adverse comment. SUPPLEMENTARY INFORMATION: a plan addressing the serious area We do not plan to open a second requirements. EPA fully approved this comment period, so anyone interested I. Attainment Finding plan on August 14, 2000 (65 FR 49499). in commenting should do so at this A. Santa Barbara’s Current Ozone B. Clean Air Act Provisions for time. If we do not receive adverse Classification Attainment Findings comments, no further activity is The Santa Barbara County Under CAA section 181(b)(2)(A), we planned. For further information, please nonattainment area (‘‘Santa Barbara must determine within six months of see the direct final action. area’’) is currently classified as serious the applicable attainment date whether Dated: June 6, 2002. for the 1-hour ozone national ambient an ozone nonattainment area has 1 Laura Yoshii, air quality standard (NAAQS). attained the standard. If we find that a When the Clean Air Act (CAA) Acting Regional Administrator, Region 9. serious area has not attained the Amendments were enacted in 1990, [FR Doc. 02–16362 Filed 6–28–02; 8:45 am] standard and does not qualify for an each area of the country that was extension, it is reclassified by operation BILLING CODE 6560–50–P designated nonattainment for the 1-hour of law to severe.2 Under CAA section ozone standard, including the Santa 2 If a states does not have the clean data necessary 1 The 1-hour ozone nonattainment area is the to show attainment of the 1-hour standard but does ‘‘Santa Barbara-Santa Maria-Lompoc Area,’’ which have clean air in the year immediately preceding comprises the entire County of Santa Barbara. See the attainment date and has fully implemented its 40 CFR 81.305. applicable SIP, it may apply to EPA, under CAA
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181(b)(2)(A), we must base our concentration recorded at that monitor adequately measures ambient ozone determination of attainment or failure to over the previous 3 years. An area’s levels in the area. attain on the area’s design value as of its design value is the highest of the design We evaluate 4 basic elements in 4 applicable attainment date, which for values from the area’s monitors. determining the adequacy of an area’s We make attainment determinations the Santa Barbara area was November ozone monitoring network. The network for ozone nonattainment areas using all 15, 1999. needs to meet the design requirements The 1-hour ozone NAAQS is 0.12 available, quality-assured air quality data for the 3-year period up to and of 40 CFR part 58, appendix D; the ppm, not to be exceeded on average network needs to utilize monitoring more than 1 day per year over any 3- including the attainment date.5 equipment designated as reference or year period. 40 CFR 50.9 and appendix Consequently, we used all of the 1997, equivalent methods under 40 CFR part H. Under our policies, we determine if 1998, and 1999 quality-assured data 53; and the agency or agencies operating an area has attained the 1-hour standard available to determine whether the the equipment need to have a quality by calculating, at each monitor, the Santa Barbara area attained the 1-hour assurance plan in place that meets the average number of days over the ozone standard by November 15, 1999. standard per year during the preceding From the available air quality data, we requirements of 40 CFR part 58, 3-year period.3 For this proposal, we have calculated the average number of appendix A. The ozone network in the have based our determination of days over the standard and the design Santa Barbara area meets or exceeds attainment on both the design value and value for each ozone monitor in the these requirements and is therefore the average number of exceedance days Santa Barbara nonattainment area. adequate for use in determining the ozone attainment status of the area. per year as of November 15, 1999. C. Attainment Finding for the Santa The design value is an ambient ozone Barbara Area 2. The Santa Barbara Area’s Ozone concentration that indicates the severity Design Value for the 1997–1999 Period of the ozone problem in an area and is 1. Adequacy of the Santa Barbara Area used to determine the level of emission Ozone Monitoring Network We have listed in Table 1 the design reductions needed to attain the Determining whether or not an area values and the average number of standard, that is, it is the ozone level has attained under CAA section exceedance days per year for the 1997 around which a State designs its control 181(b)(1)(A) is based on monitored air to 1999 period for each monitoring site strategy for attaining the ozone quality data. Thus, the validity of a in the Santa Barbara area. We calculated standard. A monitor’s design value is determination of attainment depends on the design values following the the fourth highest ambient whether the monitoring network procedures in the Laxton memo.6
TABLE 1.—AVERAGE NUMBER OF OZONE EXCEEDANCE DAYS PER YEAR AND DESIGN VALUES BY MONITOR IN THE SANTA BARBARA AREA, 1997–1999
Average number Site of exceedance Site design value days per year (ppm)
El Capitan St (SLAMS) ...... 0 0.08 Goleta (SLAMS) ...... 0 0.09 Lompoc H Street (SLAMS) ...... 0 0.08 Santa Barbara (SLAMS) ...... 0 0.09 Santa Maria (SLAMS) ...... 0 0.07 Santa Ynez (SLAMS) ...... 0 0.09 Santa Rosa Island (Nat. Park) ...... 0 0.08 Carpinteria (SPM) ...... 0 0.11 GTC B (SPM) ...... 0 0.09 Lompoc HS&P (SPM) ...... 0 0.09 Paradise Road (SPM) ...... 0.3 0.11 Las Flores Canyon (Site 1) (SPM) ...... 1.0 0.11 Vandenburg AFB STS (SPM) ...... 0 0.09 Note: State or Local Air Monitoring Stations (SLAMS) are operated by SBCAPCD or CARB, while special purpose monitors (SPMs) are oper- ated independently by certain permitted stationary sources in the county under the oversight of the SBCAPCD. All data produced by these SPMs are submitted to EPA’s Aerometric Information Retrieval System-Air Quality Subsystem (AIRS–AQS) database.
3 See generally 57 FR 13506 (April 16, 1992) and exceedances of the standard in a 3-year period and to EPA’s AIRS system and all data available to EPA Memorandum from D. Kent Berry, Acting Director, still show attainment, since 3 exceedances over 3 from special purpose monitoring (SPM) sites that Air Quality Management Division, EPA, to Regional years would average 1 day per year, the maximum meet the requirements of 40 CFR 58.13. See Air Office Directors; ‘‘Procedures for Processing allowed to show attainment of the 1-hour ozone Memorandum John Seitz, Director, OAQPS, to Bump Ups and Extensions for Marginal Ozone standard. If the monitor records a fourth exceedance Regional Air Directors; ‘‘Agency Policy on the Use Nonattainment Areas,’’ February 3, 1994. While in that period, it would average more than 1 explicitly applicable only to marginal areas, the exceedance day per year and would no longer show of Ozone Special Purpose Monitoring Data,’’ August general procedures for evaluating attainment in this attainment. Therefore, if a State can reduce the 22, 1997. memorandum apply regardless of the initial fourth highest ozone value to below the standard, 6 See memorandum, William G. Laxton, Director, classification of an area because all findings of thus preventing a fourth exceedance, then it can Technical Support Division, Office of Air Quality attainment are made pursuant to the same Clean Air demonstrate attainment. Planning and Standards to Regional Air Directors, Act requirements in section 181(b)(2). 5 All quality-assured available data include all ‘‘Ozone and Carbon Monoxide Design Value 4 The fourth highest value is used as the design data available from the state and local/national air Calculations,’’ June 18, 1990. value because a monitor may record up to 3 monitoring (SLAMS/NAMS) network as submitted
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From Table 1, the highest design 3. We must determine that the attainment for the Santa Barbara area value at any monitor, and thus the improvements in air quality are due to and begin evaluating redesignation of design value for the Santa Barbara area permanent and enforceable reductions the Santa Barbara area to attainment and is 0.11 ppm at the Carpinteria, Paradise in emissions resulting from the adequacy of the area’s maintenance Road, and Las Flores Canyon sites. No implementation of the SIP and plan (letter from Michael P. Kenny, monitor in the Santa Barbara area applicable federal regulations and other CARB Executive Officer, to Wayne recorded an average of more than 1 permanent and enforceable reductions. Nastri, Regional Administrator, EPA exceedance of the 1-hour ozone 4. We must have fully approved a Region 9). The State’s letter attached the standard per year during the 1997 to maintenance plan for the area under 2001 Clean Air Plan, which SBCAPCD 1999 period. CAA section 175(A). adopted on November 15, 2001, to 5. The State must have met all the Because the area’s design value is address the CAA provisions relating to below the 0.12 ppm 1-hour ozone nonattainment area requirements applicable to the area. maintenance plans for the 1-hour ozone standard and the area has averaged less NAAQS.7 CARB indicated that the State than 1 exceedance per year at each To address the provisions of CAA section 175(A), Santa Barbara adopted will submit a request that we act on the monitor for the 1997 to 1999 period, we maintenance plan and redesignate the propose to find that the Santa Barbara its 2001 Clean Air Plan (including a maintenance plan) on November 15, area to attainment in early 2003, at the area has attained the 1-hour ozone time the State requests our approval of standard by its Clean Air Act mandated 2001. Although the SBCAPCD is already an updated vehicle emission factor attainment date of November 15, 1999. implementing the plan, the State does not expect to submit the plan as a SIP model for use statewide in SIPs and Although the attainment revision until early 2003. CARB has transportation conformity analyses. determination is based on the 1997 to submitted for federal approval at this 1999 period, we have also looked at data The State did request that we act time, however, the contingency for 2000 and 2001. During that period, expeditiously to approve the specific measures in the maintenance plan. The we found that the area’s 1-hour ozone enforceable contingency measures in the State and the SBCAPCD do not intend design values were below 0.12 ppm and maintenance plan, in order to the delay in submitting the full strengthen the SIP and ensure that a that the area continued to record less maintenance plan to impact the remedy will be in place if future than 1 exceedance per year on average contingency rule adoption schedule violations occur. Should the area record at each monitoring location. identified in the maintenance plan. See a violation of the 1-hour ozone NAAQS D. Attainment Findings and discussion below in Section II. before the area is redesignated to Redesignations to Attainment It is possible, although not expected, that the Santa Barbara area violate the attainment, these measures would be A finding that an area has attained the 1-hour ozone NAAQS before the expected to provide the remedy. 1-hour ozone standard under CAA maintenance plan is approved and the The maintenance plan includes a section 181(b)(1)(A) does not area is redesignated to attainment. If commitment to adopt a group of control redesignate the area to attainment for such a violation were to occur after measures by specific dates from 2001 the 1-hour standard nor does it EPA’s finding of attainment under CAA through 2009, and a commitment to guarantee a future redesignation to section 181(b)(2)(A), and if expedited evaluate and expedite the adoption attainment. implementation of contingency process in coordination with EPA if The redesignation of an area to measures were to prove insufficient to Santa Barbara violates the 1-hour ozone attainment under CAA section eliminate future violations, EPA NAAQS prior to 2015. While the control 107(d)(3)(E) is a separate process from a believes that issuance of a SIP call measures are intended to be finding of attainment under CAA under CAA section 110(k)(5) would be contingency measures for purposes of section 181(b)(1)(A). Unlike an an appropriate response. This SIP call attainment finding where we need only the federal 1-hour ozone standard, the could require the State to submit, by a measures are also proposed to be determine that the area has had the pre- reasonable deadline not to exceed 18 requisite number of clean years, a adopted for the purpose of attaining the months, a revised plan demonstrating California State 1-hour ozone standard. redesignation requires multiple expeditious attainment and complying determinations. Under section with other requirements of Subpart 2 The measures, their adoption 107(d)(3)(E), these determinations are: applicable to the area at the time of this schedule, and associated emission 1. We must determine, at the time of finding. reductions are summarized in Table 2, the redesignation, that the area has Contingency Measures. The measures attained the relevant NAAQS. II. Contingency Measures are described at length in the 2001 2. The State must have a fully On May 29, 2002, California formally Clean Air Plan, Appendix B.3, Proposed approved SIP for the area. requested that we make a finding of Emission Control Measures.
TABLE 2.—CONTINGENCY MEASURES SOURCE: 2001 CLEAN AIR PLAN, TABLE 4–3
Emission reductions in CAP control Adoption tons per day (with full im- Rule No. measure ID Description schedule plementation)
VPC NOX
323 ...... R–SC–1 Architectural Coatings (Revision) ...... 2001–2003 0.0998 0 333 ...... N–IC–1, N–IC–3 Stationary IC Engines ...... 2002–2003 0.0008 0.0128 360 ...... N–XC–2 Large Water Heaters & Small Boilers, Steam Generators, Process 2001–2003 0 1 0.0133 Heaters (75,000 Btu/hr to <2 MMBtu/hr).
7 appendix V, including the requirement for proper On June 13, 2002, we found that this submittal public notice and adoption. met the completeness criteria in 40 CFR 51
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TABLE 2.—CONTINGENCY MEASURES SOURCE: 2001 CLEAN AIR PLAN, TABLE 4–3—Continued
Emission reductions in CAP control Adoption tons per day (with full im- Rule No. measure ID Description schedule plementation)
VPC NOX
321 ...... R–SL–1 Solvent Degreasers (Revision) ...... 2004–2006 0.0562 0 362 ...... R–SL–2 Solvent Cleaning Operations ...... 2004–2006 1.0103 0 363 ...... N–IC–2 Gas Turbines...... 2004–2006 0 0 358 ...... R–SL–4 Electronic Industry—Semiconductor Manufacturing ...... 2007–2009 2 0.0026 0 361 ...... N–XC–4 Small Industrial and Commercial Boilers, Steam Generators, and 2007–2009 0 3 0.0028 Process Heaters (2 MMBtu/hr to <5 MMBtu/hr). 1 This is with 15% implementation, the highest implementation figure available from the District’s analysis. 2 The data shown are for source classification code (SCC) number 3–13–065–06 only. The emission data for the SCC numbers and the cat- egory of emission source (CES) numbers subject to Rule 358 are included in the Rule 321 or Rule 361 emission reduction summaries. 3 The emission reductions shown are based on Rule 361 being a point-of-sale type rule.
The State requested that we approve action is not a ‘‘significant regulatory responsibilities among the various these measures at this time under CAA action’’ and therefore is not subject to levels of government, as specified in section 110(k), and did not request that review by the Office of Management and Executive Order 13132 (64 FR 43255, we approve them under the CAA Budget. For this reason, this proposed August 10, 1999). This action merely section 175A provisions relating to action is also not subject to Executive proposes to approve a state rule maintenance plans. We have therefore Order 13211, ‘‘Actions Concerning implementing a Federal standard and reviewed the control measures to Regulations That Significantly Affect proposes to find that an area has determine whether they meet basic SIP Energy Supply, Distribution, or Use’’ (66 attained applicable air quality approval requirements and whether the FR 28355, May 22, 2001). This proposed standards, and does not alter the measures would strengthen the existing action merely approves state law as relationship or the distribution of power SIP. We conclude that the measures are meeting Federal requirements and and responsibilities established in the adequately defined, the implementation proposes to find that the Santa Barbara Clean Air Act. This proposed rule also of the measures is sufficiently specific, area has attained a previously- is not subject to Executive Order 13045, the associated emission reductions are established national ambient air quality ‘‘Protection of Children from properly quantified, and the SBCAPCD standard based on an objective review of Environmental Health Risks and Safety has authority to adopt and enforce the measures air quality data. As such, the Risks’’ (62 FR 19885, April 23, 1997), measures. Therefore, we propose to action imposes no additional because it is not economically approve the control measures under requirements beyond those imposed by significant. CAA section 110(k)(3) as strengthening state law. Accordingly, the In reviewing SIP submissions, EPA’s the SIP. Administrator certifies that this role is to approve state choices, When the State resubmits the 2001 proposed rule will not have a significant provided that they meet the criteria of Clean Air Plan and requests that we economic impact on a substantial the Clean Air Act. In this context, in the approve it as meeting the CAA section number of small entities under the absence of a prior existing requirement 175A requirements for maintenance Regulatory Flexibility Act (5 U.S.C. 601 for the State to use voluntary consensus plans, we will review the contingency et seq.). Because this rule proposes to standards (VCS), EPA has no authority elements in the Santa Barbara plan and approve pre-existing requirements to disapprove a SIP submission for will determine whether or not these under state law and does not impose failure to use VCS. It would thus be elements fully satisfy the specific CAA any additional enforceable duty beyond inconsistent with applicable law for section 175A(d) requirement for that required by state law, it does not EPA, when it reviews a SIP submission contingency provisions in maintenance contain any unfunded mandate or or the attainment status of an area, to plans. significantly or uniquely affect small use VCS in place of a SIP submission If we finalize approval of the governments, as described in the that otherwise satisfies the provisions of contingency measures under CAA Unfunded Mandates Reform Act of 1995 the Clean Air Act. Thus, the section 110(k)(3), we expect to work (Public Law 104–4). requirements of section 12(d) of the closely with CARB and the SBCAPCD to National Technology Transfer and evaluate and expedite the rule adoption This rule also does not have tribal implications because it will not have a Advancement Act of 1995 (15 U.S.C. schedule in the event that violations are 272 note) do not apply. This proposed recorded. substantial direct effect on one or more Indian tribes, on the relationship rule does not impose an information III. Summary of EPA Actions between the Federal Government and collection burden under the provisions of the Paperwork Reduction Act of 1995 We are proposing to find that the Indian tribes, or on the distribution of (44 U.S.C. 3501 et seq.). Santa Barbara area attained the 1-hour power and responsibilities between the ozone NAAQS by the CAA deadline. We Federal Government and Indian tribes, List of Subjects in 40 CFR Part 52 are proposing to approve contingency as specified by Executive Order 13175 40 CFR Part 81 measures in the 2001 Clean Air Plan, as (65 FR 67249, November 9, 2000). This shown in Table 2 above, under CAA action also does not have Federalism Environmental protection, Air section 110(k)(3). implications because it does not have pollution control, Intergovernmental substantial direct effects on the States, relations, Nitrogen dioxide, Ozone, IV. Administrative Requirements on the relationship between the national Reporting and recordkeeping Under Executive Order 12866 (58 FR government and the States, or on the requirements, Volatile organic 51735, October 4, 1993), this proposed distribution of power and compounds.
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Resources, Silver Spring, MD (301) 713– used in the final rule governing the Environmental protection, Air 2322, ext. 105, or Mr. Garth Griffin, taking of marine mammals incidental to pollution control, National parks, and Northwest Regional Office, Portland, OR commercial tuna purse seine fishing in Wilderness areas. (503) 231–2005. the eastern tropical Pacific Ocean (45 FR SUPPLEMENTARY INFORMATION: 72178, October 31, 1980) and has been Authority: 42 U.S.C. 7401 et seq. used since that time for other status Dated: June 21, 2002. Electronic Access reviews under the MMPA. For stocks of Keith Takata, A list of the references used in this marine mammals, however, K is Acting Regional Administrator, Region IX. notice and other information related to generally unknown. NMFS, therefore, [FR Doc. 02–16463 Filed 6–28–02; 8:45 am] the status of this stock of killer whales has used the best estimate of maximum BILLING CODE 6560–50–P is available on the Internet at http:// historical abundance as a proxy for K. www.nwr.noaa.gov. Section 115(a)(2) of the MMPA (16 U.S.C. 1383b(a)(2)) requires NMFS to Background DEPARTMENT OF COMMERCE publish a notice in the Federal Register Depleted Stocks Under the MMPA prior to proposing regulations to designate a population stock of marine National Oceanic and Atmospheric Section 3(1)(A) of the Marine mammals as depleted. The purpose of Administration Mammal Protection Act (MMPA) (16 the notice is to assist NMFS in obtaining U.S.C. 1362(1)(A)) defines the term, scientific information from individuals 50 CFR Part 216 ‘‘depletion≥ or ‘‘depleted’’, as any case and organizations concerned with the in which ‘‘the Secretary, after [Docket No. 020603140–2140–01,I.D. conservation of marine mammals, from 050102G] consultation with the Marine Mammal persons in industry which might be Commission and the Committee of RIN 0648–AQ00 affected by the determination, and from Scientific Advisors on Marine Mammals academic institutions. In addition, Regulations Governing the Taking and ... determines that a species or NMFS is required to use, to the extent Importing of Marine Mammals; Eastern population stock is below its optimum it determines to be feasible, informal North Pacific Southern Resident Killer sustainable population.’’ Section 3(9) of working groups of interested parties and Whales the MMPA (16 U.S.C. 1362(9)) defines other methods to gather the necessary ‘‘optimum sustainable population information. AGENCY: National Marine Fisheries [(OSP)]...with respect to any population The MMPA provides protection Service (NMFS), National Oceanic and stock, [as] the number of animals which against the take, the definition of which Atmospheric Administration (NOAA), will result in the maximum productivity includes harassment, of marine Commerce. of the population or the species, keeping mammals (MMPA section 102, 16 U.S.C ACTION: Advance notice of proposed in mind the carrying capacity (K) of the 1372). The MMPA provides that a rulemaking; request for information. habitat and the health of the ecosystem conservation plan shall be prepared as of which they form a constituent SUMMARY: NMFS anticipates proposing soon as possible for a stock that is element.’’ NMFS’ regulations at 50 CFR designated as depleted, unless such a regulations to designate the eastern 216.3 clarify the definition of OSP as a North Pacific Southern Resident stock of plan will not promote the conservation population size that falls within a range of the stock (MMPA section 115(b)(1), killer whales (Orcinus orca) as a from the population level of a given depleted stock under the Marine 16 U.S.C 1383b(b)(1)). Furthermore, for species or stock that is the largest a stock designated as depleted under the Mammal Protection Act (MMPA). NMFS supportable within the ecosystem (i.e., recently reviewed the status of these MMPA, NMFS may develop and K) to its maximum net productivity implement conservation or management whales under the Endangered Species level (MNPL). MNPL is the abundance Act (ESA) and determined that the measures to alleviate any impacts that or population level that results in the are on areas of ecological significance to eastern North Pacific Southern Resident greatest net annual increment in stock does not qualify as a ‘‘species’’ as the depleted stock and that may be population numbers or biomass causing the decline or impeding the defined in the ESA. However, this stock resulting from additions to the of whales has declined by 20 percent in recovery of the stock (MMPA section population from reproduction, less 112(e); 16 U.S.C 1382(e)). Such the past 5 years, and evidence suggests losses due to natural mortality. that designation as a depleted stock may measures shall be developed and Section 2 of the MMPA (16 U.S.C. implemented after consultation with the be warranted. NMFS is requesting that 1361) states that marine mammal interested parties submit pertinent Marine Mammal Commission and the species, populations and/or stocks appropriate Federal agencies and after information and comments regarding should not be permitted to fall below the status of this killer whale stock and notice and opportunity for public their OSP level. Historically, MNPL has comment. potential conservation measures that been expressed as a range of values may benefit these whales. determined theoretically by estimating Eastern North Pacific Southern DATES: Information must be received by the stock size, in relation to K, that will Resident Killer Whales August 30, 2002. produce the maximum net increase in The killer whale is the largest member ADDRESSES: Information should be population abundance. The estimated of the dolphin family (Delphinidae), and submitted to Chief, Protected Resources MNPL has been expressed as a range of the species is the most wide-ranging of Division, NMFS, 525 NE Oregon Street, values, generally 50 to 70 percent of K all marine mammals. Along the west Suite 500, Portland, OR 97232. (42 FR 12010, March 1, 1977). In 1977, coast of North America, killer whales Comments may also be sent via the midpoint of this range (60 percent occur along the entire Alaskan coast, in facsimile (fax) to (503) 230–5435, but of K) was used to determine whether British Columbia and Washington will not be accepted if submitted via e- dolphin stocks in the eastern tropical inland waterways, and along the outer mail or the Internet. Pacific Ocean were depleted under the coasts of Washington, Oregon, and FOR FURTHER INFORMATION CONTACT: Dr. MMPA (42 FR 64548, December 27, California. North Pacific killer whales Thomas Eagle, Office of Protected 1977). The 60-percent-of-K value was have been classified into three forms
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termed Residents, Transients, and could be estimated to be approximately available data, NMFS is soliciting Offshore whales. All three of these 140 killer whales if total removals were information and comments from any forms are currently classified as the limited to the 68 animals that were interested person concerning the status same biological species, O. orca. The known to be killed or captured. of the eastern North Pacific Southern three forms vary in morphology, Although reasonably accurate numbers Resident stock. It is requested that data, ecology, behavior, group size, social of animals removed by live capture information, and comments be organization, acoustic repertoire, and exist, the number killed by shooting or accompanied by (1) supporting genetic characteristics. Behavioral other human activity is unknown. documentation such as maps, logbooks, evidence suggests that Offshore and Therefore, the historical abundance may bibliographic references, personal notes, Transient pods (‘‘pods’’ are close-knit have been much greater than 140 or reprints of pertinent publications; family groups ranging from 10 to 70 whales. and (2) the name of the person whales) rarely interact with the Resident Lacking sufficient information to submitting the data, his/her address, pods. Although the Transient form support a direct estimate of historical and any association, institution, or overlaps extensively in range with the abundance, NMFS has examined business that the person represents. Resident form, genetic evidence indirect evidence for historical stock NMFS also seeks information on suggests that the two forms do not size. An initial inspection of genetic impacts on areas of significance to the interbreed. Furthermore, distinct diversity seen in DNA data (Barrett- eastern North Pacific Southern Resident feeding habits exist, with Transient Lennard, 2000; Barrett-Lennard and stock that may be causing the decline or killer whales primarily preying on other Ellis, 2001) indicates that eastern North impeding the recovery of the stock; on marine mammals and Residents Pacific Southern Resident killer whales potential conservation measures that primarily subsisting on fishes (little is have nearly the same number of alleles may be useful in alleviating those known, however, about the habits of the as Northern Residents (28 versus 35), impacts and rebuilding the stock; and Offshore form). despite a much smaller sample size (8 on the potential economic impacts and Resident whales in the North Pacific versus 126). This is consistent with a the potential biological benefits of consist of the following groups: western hypothesis that Southern Residents may alternative conservation measures. This North Pacific Residents; western Alaska have recently been a much larger would include information on potential Residents; southern Alaska Residents; population. In other words, if Northern effects of whale watching on resident eastern North Pacific Northern Residents can be viewed as representing killer whales in Washington waters and Residents; and eastern North Pacific the expected genetic diversity of measures that might be proposed to Southern Residents. Eastern North populations of their size (214), then reduce or mitigate such effects. Pacific Southern Residents occur in the Southern Residents may have been a inland waterways of southern British similar stock size in the recent past References Columbia and Washington, including (NMFS, 2002). A complete list of all cited references the Georgia Strait, the Strait of Juan de Although there are no empirical is available via the Internet (see Fuca, and Puget Sound. estimates of the historical stock size for Electronic Access) or upon request (see The abundance of the eastern North eastern North Pacific Southern Resident ADDRESSES). Pacific Southern Resident stock has killer whales, the best available declined 20 percent in the past 5 years scientific information suggests a Dated: June 7, 2002. (1996–2001), and the decline has been historical abundance of approximately William T. Hogarth, accompanied by changes in survival 140-200 whales. Under the MMPA, a Assistant Administrator for Fisheries, rates between age and sex categories. stock is depleted if its abundance is National Marine Fisheries Service. NMFS recently reviewed the status of below MNPL, the lower bound of OSP. [FR Doc. 02–16528 Filed 6–28–02; 8:45 am] these whales under the ESA and Using the inferred historical stock size BILLING CODE 3510–22–S determined that the eastern North of 140-200 eastern North Pacific Pacific Southern Resident stock does Southern Resident killer whales as a not qualify as a ‘‘species’’ as defined in proxy for K, the estimated MNPL for the DEPARTMENT OF COMMERCE the ESA (NMFS, 2002). However, stock would be 84-120 whales (60 information gathered during the ESA percent of K). The 2001 abundance of 78 National Oceanic and Atmospheric status review, including population killer whales is below even the most Administration viability analyses, suggests that conservative (lowest) estimate of MNPL designating eastern North Pacific for the stock. 50 CFR Parts 223 and 224 Southern Resident killer whales as a NMFS completed a comprehensive [Docket No. 020603138–2138–01; I.D. depleted stock under the MMPA may be status review under the ESA for this 042502B] warranted. stock of killer whales. To supplement that status review, NMFS is now RIN 0648–ZB22 Estimates of Historical Stock Size initiating a review of the status of the The true K and MNPL are unknown Endangered and Threatened Wildlife eastern North Pacific Southern Resident and Plants: 12-Month Finding for a for eastern North Pacific Southern stock of killer whales under the MMPA. Resident killer whales. Furthermore, an Petition To List Southern Resident NMFS will augment the information Killer Whales as Threatened or empirical estimate of maximum obtained during its recent ESA status historical abundance is not available. Endangered Under the Endangered review with any other available Species Act (ESA) When the annual census of the information regarding the stock’s population began in 1974, there were 71 abundance relative to its OSP to AGENCY: National Marine Fisheries whales in the population. This count, determine whether it warrants a Service (NMFS), National Oceanic and however, followed the period in the depleted designation under the MMPA. Atmospheric Administration (NOAA), 1960s and early 1970s when at least 68 Commerce. whales were removed or killed during Information Solicited ACTION: Status review; notice of capture operations for public display. To ensure that the review is determination. Thus, a minimum historical abundance comprehensive and is based on the best
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SUMMARY: NMFS announces a 12–month publish notice of such finding in the who then prepared a final status review finding for a petition to list Southern Federal Register. document for Southern Resident killer Resident killer whales (Orcinus orca) as On May 2, 2001, NMFS received a whales (NMFS, 2002). The status review threatened or endangered under the petition from the Center for Biological and other documents forming the Endangered Species Act (ESA). After a Diversity (CBD) and 11 co-petitioners administrative record for this finding review of the best available scientific (CBD, 2001a) to list Southern Resident are available on the Internet (see and commercial information, the agency killer whales as threatened or Electronic Access) or from NMFS (see finds that listing the Southern Resident endangered and to designate critical ADDRESSES). habitat for them under the ESA. The killer whales is not warranted at this Biological Background time because these killer whales do not petitioned whales consist of three pods constitute a species, subspecies, or (J, K, and L) whose range during the Killer whales are one of the most distinct population segment (DPS) spring, summer, and fall includes the strikingly pigmented of all cetaceans, under the ESA. NMFS will continue to inland waterways of Puget Sound, Strait making field identification easy. Killer seek new information on the taxonomy, of Juan de Fuca, and Georgia Strait. The whales are black dorsally and white biology, and ecology of these whales, as primary impetus behind the petition is ventrally, with a conspicuous white well as potential threats to their a recent decline in these pods from 97 oval patch located slightly above and continued existence, and within 4 years animals in 1996 to 78 animals in 2001. behind the eye. A highly variable gray will reassess the status of these whales The petition highlighted key issues for or white saddle is usually present under the ESA. NMFS is issuing an NMFS’ consideration, including: (1) behind the dorsal fin. Saddle shape advance notice of proposed rulemaking Genetic, behavioral, and ecological varies among individuals, pods, and to designate this stock of killer whales evidence indicating that Southern from one side to the other on a single as depleted under the Marine Mammal Resident killer whales may be a DPS animal. Sexual dimorphism occurs in Protection Act (MMPA). under the ESA; (2) population data body size, flipper size, and height of the documenting a recent decline in dorsal fin. More detailed information DATES: The finding announced in this Southern Resident killer whales and regarding this species’ distribution, document was made on May 31, 2002. analyses indicating that these whales behavior, genetics, morphology, and ADDRESSES: The complete file for this may be at risk of extinction; and (3) an physiology is contained in the BRT’s finding, including comments and array of threats that may account for the status review (NMFS, 2002). information submitted, is available for decline in Southern Resident killer Killer whales are classified as top public inspection by appointment whales. On July 26, 2001, NMFS predators in the food chain and the during normal business hours at the received additional information from world’s most widely distributed marine NMFS Protected Resources Division, the lead petitioner, including an mammal (Leatherwood and Dahlheim, 525 NE Oregon Street, Suite 500, updated population viability analysis 1978; Heyning and Dahlheim, 1988). Portland, OR, 97232–2737. and a report on the July 2001 census of Although observed in tropical waters and the open sea, they are most FOR FURTHER INFORMATION CONTACT: Dr. Southern Resident killer whales abundant in coastal habitats and high Thomas Eagle, Office of Protected returning to the inland waters of latitudes. In the northeastern Pacific Resources, Silver Spring, MD (301) 713– Washington and southern British Ocean, killer whales occur in the 2322, ext. 105, or Mr. Garth Griffin, Columbia (CBD, 2001b). eastern Bering Sea (Braham and Northwest Regional Office, Portland, OR On August 13, 2001 (66 FR 42499), Dahlheim, 1982) and are frequently (503) 231–2005. NMFS provided notice of its determination that the petition presents observed near the Aleutian Islands SUPPLEMENTARY INFORMATION: substantial information indicating that a (Scammon, 1874; Murie, 1959; Waite et Electronic Access listing may be warranted and that it al., 2001). They reportedly occur year- would initiate a status review to round in the waters of southeastern A list of references cited in this notice determine if Southern Resident killer Alaska (Scheffer, 1967) and in the is available via the Internet at http:// whales warrant listing under the ESA. intracoastal waterways of British www.nwr.noaa.gov. Additional To conduct the status review, NMFS Columbia and Washington State information, including the report of the formed a BRT comprising scientists (Balcomb and Goebel, 1976; Bigg et al., NMFS Biological Review Team (BRT) from the agency’s Alaska, Northwest, 1987; Osborne et al., 1988). There are and written comments from the Marine and Southwest Fisheries Science occasional reports of killer whales along Mammal Commission and other co- Centers. Because the ESA requires that the coasts of Washington, Oregon, and managers, is also available at this NMFS make a listing determination California (Norris and Prescott, 1961; Internet address. based upon the best available scientific Fiscus and Niggol, 1965; Rice, 1968; Gilmore, 1976; Black et al., 1997), both Background and commercial information, the agency solicited pertinent information on killer coasts of Baja California (Dahlheim et Section 4(b)(3)(B) of the ESA requires whales (66 FR 42499, August 13, 2001) al., 1982), the offshore tropical Pacific that, for any petition to revise the List and convened a meeting on September (Dahlheim et al., 1982), the Gulf of of Endangered and Threatened Wildlife 26, 2001, to gather technical information Panama, and the Galapagos Islands. In and Plants that presents substantial from co-managers, scientists, and the western North Pacific, killer whales scientific and commercial information, individuals having research or occur frequently along the Soviet coast NMFS must make a finding within 12 management expertise pertaining to in the Bering Sea, the Sea of Okhotsk, months of the date of receipt of the killer whale stocks in the north Pacific the Sea of Japan, and along the eastern petition about whether the petitioned Ocean. In addition, in March 2002, the side of Sakhalin and the Kuril Islands action is (a) not warranted, (b) BRT received comments from the (Tomilin, 1957). There are numerous warranted, or (c) warranted but Marine Mammal Commission and accounts of their occurrence off China precluded from immediate proposal by Washington, Tribal, and Canadian co- (Wang, 1985) and Japan (Nishiwaki and other pending proposals of higher managers on a preliminary draft of the Handa, 1958; Kasuya, 1971; Ohsumi, priority. Upon making a 12–month BRT’s status review findings. These 1975). Data from the central Pacific are finding, the agency must promptly comments were evaluated by the BRT, scarce. They have been reported off
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Hawaii, but do not appear to be Pacific Residents. Under the Marine William Sound and intermix with all abundant in these waters (Tomich, Mammal Protection Act (MMPA), Resident groups from this area 1986; Caretta et al., 2001). Residents are separated into two stocks: (Dahlheim et al., 1997; Matkin and The killer whale is the largest species (1) The eastern North Pacific southern Saulitis, 1997). Prince William Sound within the family Delphinidae. Various resident stock, which is the petitioned Resident whales have not been seen in scientific names have been assigned to unit and (2) the eastern North Pacific Southeast Alaska, but have been noted the killer whale (Hershkovitz, 1966; northern resident stock, which includes off Kodiak Island intermixing with Heyning and Dahlheim, 1988). These the Northern (British Columbia) other, yet unnamed, Resident pods various names can be explained by Residents, the Southern Alaska (Dahlheim, 1997; National Marine sexual and age differences in the size of Residents, and the western Alaska Mammal Laboratory, 2001). There are the dorsal fin, individual variations in Residents. The descriptions of the 241 animals photographed in western color patterns, and the cosmopolitan various units follows. Alaska that have been provisionally distribution of the animals. The genus Southern Residents: The Southern identified as ‘‘Western Alaska Orcinus is currently considered Resident killer whale assemblage Residents,’’ but the number of pods monotypic with geographical variation contains three pods, J pod, K pod, and represented is unknown (National noted in size and pigmentation patterns. L pod, and is considered a stock under Marine Mammal Laboratory, 2001). Two proposed Antarctic species, O. the MMPA. Their range during the Recent vessel surveys in the nanus (Mikhalev et al., 1981) and O. spring, summer, and fall includes the southeastern Bering Sea have provided glacialis (Berzin and Vladimirov, 1982; inland waterways of Puget Sound, Strait preliminary estimates of approximately Berzin and Vladimirov, 1983), both of Juan de Fuca, and Georgia Strait. 400 killer whales (Waite et al., 2001). appear to refer to the same type of Their occurrence in the coastal waters Although it is not yet known how many smaller individuals. However, due to off Washington, Vancouver Island, and of these animals were Residents, killer significant uncertainties regarding the more recently off the coast of central whales occur both nearshore and limited specimen data, these new taxa California has been documented. Little offshore in the Bering Sea. have not yet been widely accepted by is known about the winter movements Western North Pacific Residents: the scientific community. Recent and range of the Southern Resident Resident killer whales co-occur with genetic investigations note marked stock. Southern Residents have not been salmon along the coasts of Washington, differences between some forms of killer seen to associate with other Resident British Columbia, and Alaska. If this whale (Hoelzel and Dover, 1991; whales. Genetic data indicate that pattern continues (or historically Hoelzel et al., 1998; Barrett-Lennard, females from the Southern and Northern continued) further to the west, then 2000; Barrett-Lennard and Ellis, 2001). Resident populations have not been Resident killer whales may be expected A worldwide review of specimens is migrating between populations within to occur along the coastline of Russia needed to document geographical at least the recent evolutionary history and Japan. Although there is variation in morphology. of these populations, suggesting documentation of killer whales in these Killer whales in the Eastern North reproductive isolation between areas, little is known about whether Pacific region (which includes the Southern and Northern Resident killer they are more similar to Resident, petitioned whale pods) have been whale stocks (Hoelzel et al., 1998; Transient, or Offshore types. classified into three forms termed Barrett-Lennard, 2000; Barrett-Lennard Transient Killer Whales Residents, Transients, and Offshore and Ellis, 2001). whales. The three forms vary in Northern Residents: The Northern There are several differences between morphology, ecology, behavior, and Resident killer whale assemblage Transient and Resident killer whales; genetic characteristics, all of which play contains approximately 16 pods. They these have most recently been an important role in determining range from Georgia Strait (British summarized in Baird (2000). The dorsal whether the monotypic species O. orca Columbia) to Southeast Alaska (Ford et fin of Transient whales tends to be more can be subdivided under the ESA. al., 1994; Dahlheim, 1997). On occasion erect (i.e., straighter at the tip) than they have been known to occur in Haro those of Resident and Offshore whales. Resident Killer Whales Strait (west of San Juan Island, Saddle patch pigmentation of Transient Resident killer whales in the Eastern Washington). Although some overlap in killer whales is restricted to three North Pacific are noticeably different range occurs between the Northern and patterns (Baird and Stacey, 1988a). Pod from both the Transient and Offshore Southern Residents, no intermixing of structure is small (e.g., fewer than 10 forms. The dorsal fin of Resident whales pods has been noted. However, in whales) and dynamic in nature. is rounded at the tip and falcate (curved Southeast Alaska, Northern Resident Transient whales occur throughout the and tapering). Resident whales have a whales are known to associate with Eastern North Pacific with a preference variety of saddle patch pigmentations, Southern Alaska Residents (Dahlheim et toward coastal waters. Their with five different patterns recognized al., 1997), and there may be some gene geographical range overlaps that of the (Baird and Stacey, 1988a). Resident flow between the two populations Resident and Offshore whales. whales occur in large, stable pods with (Hoelzel et al., 1998; Barrett-Lennard, Individual Transient killer whales have membership ranging from 10 to 2000; Barrett-Lennard and Ellis, 2001). been documented to move great approximately 60 whales. Their Alaska Residents: There are two distances reflecting a large home range presence has been noted in the waters groups of Alaska Resident animals, (Goley and Straley, 1994; National from California to Alaska. The primary Southern Alaska Residents and western Marine Mammal Laboratory, 2001). The prey of Resident whales is fish. A recent Alaska Residents. The Resident whales primary prey of Transient killer whales summary of the differences between of Southeast Alaska and Prince William is other marine mammals. Transient Resident and Transient forms is found Sound comprise the Southern Alaska whales are not known to intermingle in Baird (2000). Resident killer whale assemblage. At with Resident or Offshore whales. Resident killer whales in the North least 15 pods have been identified in Significant genetic differences occur Pacific consist of the following groups: these two regions. Resident killer among Resident, Transient, and Southern, Northern, Southern Alaska, whales photographed in Southeast Offshore killer whales (Stevens et al., western Alaska and western North Alaska travel frequently to Prince 1989; Hoelzel and Dover, 1991; Hoelzel
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et al., 1998; Barrett-Lennard, 2000; that are significant under section between Northern and Southern Alaska Barrett-Lennard and Ellis, 2001). At this 4(a)(1)(D) of the ESA. Residents. There may be some gene flow time, only one stock of Transient killer If a population segment is considered between the Northern Residents and whales is recognized in eastern North discrete, NMFS must then consider Southern Alaska Residents (Hoelzel et Pacific waters, although recent genetic whether the discrete segment is al., 1998; Barrett-Lennard, 2000; Barrett- investigations indicate that up to three ‘‘significant’’ to the taxon to which it Lennard and Ellis, 2001). genetically different groups of Transient belongs. Criteria that can be used to Two mtDNA sequences have been killer whales exist in the eastern North determine whether the discrete segment found in North Pacific Resident killer Pacific (the ‘‘west coast’’ Transients, the is significant include: whales. The Southern Residents have ‘‘Gulf of Alaska Transients’’ and AT1 (1) Persistence of the discrete one sequence and the Northern pod) (Barrett-Lennard, 2000; Barrett- population segment in an ecological Residents have another that differs by Lennard and Ellis, 2001). setting unusual or unique for the taxon; one DNA nucleotide. Southern Alaska (2) Evidence that loss of the discrete Residents have both sequences. Both Offshore Killer Whales population segment would result in a males and females inherit the mtDNA of Offshore killer whales are similar to significant gap in the range of the taxon; their mother, so these data indicate that Resident whales (i.e., their fins appear (3) Evidence that the discrete females from the Southern and Northern to be more rounded at the tip). Most population segment represents the only Resident populations have not been saddle patches appear to be closed surviving natural occurrence of a taxon migrating between populations within (National Marine Mammal Laboratory, that may be more abundant elsewhere as at least the recent evolutionary history 2001). Offshore whales have been seen an introduced population outside its of these populations. in groups ranging from 10 to 70 whales. historical range; and The BRT recommended that Southern They are known to range from central (4) Evidence that the discrete Residents meet the criterion for coastal Mexico to Alaska and occur in population segment differs markedly ‘‘discreteness’’ under the DPS policy both coastal and offshore waters (300 from other populations of the species in based on genetics and other miles off Washington State). While its genetic characteristics. information. However, the consideration foraging, it is assumed that the main A population segment needs to satisfy of ‘‘significance’’ was far more difficult, target is fish, but observational data on only one of these criteria to be largely due to uncertainties surrounding feeding events are extremely limited. considered significant. Furthermore, the killer whale taxonomy. Correctly Offshore whales are not known to list of criteria is not exhaustive; other identifying the killer whale taxon is intermingle with Resident or Transient criteria may be used, as appropriate. As critical because the criteria used to whales. Genetic analysis suggests that noted in the DPS policy, Congress has evaluate ‘‘significance’’ of a DPS are Offshores may be reproductively instructed NMFS and the U.S. Fish and defined relative to other populations isolated, but they appear to be more Wildlife Service to use the authority to within that taxon. The BRT concluded closely related to Southern Residents list a DPS ‘‘sparingly and only when the that the current designation of one than to Northern Residents (Hoelzel et biological evidence indicates such global species for killer whales is likely al., 1998). action is warranted’’ (Senate Report 151, inaccurate because available data 96th Congress, 1st Session (1979)). suggest that additional species/ Consideration as a ‘‘Species’’ Under the subspecies of killer whales probably ESA Defining a DPS Under Existing Killer Whale Taxonomy exist. The ESA defines a species to include In its consideration of ‘‘significance,’’ ‘‘any subspecies of fish or wildlife or Two types of genetic data that have the BRT evaluated the importance of plants, and any distinct population been collected for killer whales have Southern Residents to the taxon segment of any species of vertebrate fish proven useful for identifying DPS represented by the currently recognized or wildlife which interbreeds when boundaries in other species: global species, O. orca. Based upon the mature.’’ Guidance on what constitutes microsatellite (nuclear) DNA and following arguments, the BRT a DPS is provided by the joint NMFS- mitochondrial DNA (mtDNA). Each type concluded that Southern Resident killer U.S. Fish and Wildlife Service of genetic data offers a unique and whales are not a DPS of the global interagency policy on vertebrate valuable perspective on the ecology and species. populations (61 FR 4722, February 7, evolutionary history of killer whales. Persistence in an ecological setting 1996). To be considered a DPS, a Microsatellite data are available for that is unusual or unique for the taxon. population, or group of populations, killer whales from seven populations: The habitat used by Southern Resident must be ‘‘discrete’’ from other Southern Residents, Northern Residents, killer whales is very similar to that of populations and ‘‘significant’’ to the Southern Alaskan Residents, Gulf of the neighboring Northern Resident taxon (species or subspecies) to which Alaska Transients, west coast population segment (coastal fjord it belongs. A population segment of a Transients, and AT1 Transients from system, significant freshwater input, vertebrate species may be considered Prince William Sound in Alaska. The seasonal availability of concentrations discrete if: magnitude of the genetic differences of salmon) though different from (1) It is markedly separated from other between Southern and Northern habitats that other populations of killer populations of the same taxon as a Residents was about half that found whales occupy globally. In addition, consequence of physical, physiological, between Residents and Transients and although Southern and Northern/Alaska ecological or behavioral factors. about twice that found between Residents consume salmon from Quantitative measures of genetic or Northern Residents and Southern different oceanographic systems, this morphological discontinuity may also Alaska Residents. These differences difference is quite minor when provide evidence of this separation; or indicate that the Southern Resident, comparing Southern Resident killer (2) It is delimited by international Northern Resident, and Alaska Resident whales foraging strategies with other governmental boundaries within which populations are reproductively isolated killer whale foraging strategies on a differences in control of exploitation, populations and that the isolation of global scale. management of habitat, conservation Southern and Northern Residents from The petitioners suggested that status, or regulatory mechanisms exist each other is greater than the isolation Southern Resident killer whales occupy
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a unique setting because the Puget that alternative taxa were not easily ESA/DPS status of Southern Resident Sound region is highly urbanized. Based identified and noted that formal killer whales. According to the PVA upon the recommendation of the BRT, taxonomic changes would be slow to model results, Southern Residents NMFS finds that this habitat difference occur. In light of this, the BRT assessed would have a ≤10 percent probability of is irrelevant to the ESA discussion which of several population units of extinction in 100 years under the because there is no evidence that killer whales might be designated as a assumption that population declines Southern Residents have adapted in an putative taxon that would include seen from 1992 to 2001 continue into evolutionary sense to urbanization in Southern Resident killer whales if the the future. Under the assumption that Puget Sound. global species were to be subdivided growth rates in the future would more Loss would represent a significant gap into two or more taxa. accurately be predicted by the full (27– in the range of the taxon. Because The BRT supported about equally four year) time series of data available, the Transient killer whales are known to different scenarios for alternative taxa: model predicts that extinction occupy the same range as Southern (1) North Pacific Resident killer whales; probability is 1 to 5 percent in 100 Resident killer whales and because (2) North Pacific Resident and Offshore years, with the higher values associated Offshore killer whales may occupy a killer whales; (3) fish-eating killer with higher probability and magnitude portion of the same range as Southern whales worldwide; and (4) the entire of catastrophic mortality events (e.g., oil Resident killer whales, extinction of mtDNA lineage that includes Resident spill). Again, these results pertain only Southern Resident killer whales might and Offshore type killer whales. Despite to the smallest population assemblage not result in a gap in the range of the the broad range of possible alternative containing Southern Residents, not to a taxon. In addition, other Resident or taxa, the BRT did attempt to discern recognized DPS. As such, they represent Offshore animals could re-colonize the whether the Southern Resident ‘‘worst case’’ estimates that are intended current range of Southern Residents population would qualify as a DPS with for comparison with other, larger should that population be extirpated. respect to each of these alternative aggregations. Although it is plausible that the loss taxonomic scenarios. Such information The second scenario evaluated the of Southern Resident killer whales would be deemed useful if future extinction risk of a combination of could result in few, if any, killer whales changes in this species’ taxonomy Southern Residents and the closest in parts of Puget Sound for an extended warranted reconsidering the ESA/DPS population stock (identified under the period, killer whales would occupy status of Southern Resident killer MMPA), which is the eastern North their existing range from the Bering Sea whales. Pacific Northern Resident stock through British Columbia. Furthermore, Within these four scenarios, the BRT (resident killer whales in British Transient and Offshore pods would expressed the strongest support for the Columbia and Alaska). According to the continue to occupy other areas within proposition that Southern Residents model, the extinction risk over 100 the Pacific Ocean. NMFS, therefore, would be a DPS of the Northern Pacific years for this larger assemblage is concluded that the potential gap that Residents (which included Southern, negligible, and even larger aggregations could result in the loss of Southern Northern, Alaska, and western North are expected to yield similarly Residents would not be considered Pacific Resident killer whales). Support negligible extinction risks. Therefore, ‘‘significant’’ to the species. for Southern Residents as their own DPS additional simulations were not The only surviving natural occurrence diminished as the hypothesized taxon conducted. of a taxon. Because Southern Resident grew larger. killer whales are clearly not a ‘‘discrete Conclusions of the BRT Risk Assessment Under Alternative population segment representing the Correctly identifying the killer whale Taxa only surviving natural occurrence of a taxon is critical because at least two of taxon that may be more abundant Upon concluding that the petitioned the criteria used to evaluate elsewhere as an introduced population entity–Southern Resident killer whale– ‘‘significance’’ of a DPS are defined outside its historic range,’’ the BRT did is not a DPS of the smallest taxon relative to other populations within that not consider this criterion from the DPS identified by the scientific community taxon. A population segment will policy. (i.e., the global species), the BRT could qualify as a DPS if it occupies an Evidence that the Southern Residents have ended its investigation. However, ‘‘ecological setting unusual or unique differ markedly from other populations because the team members believed that for the taxon’’ or if ‘‘loss of the discrete in genetic characteristics. The BRT current killer whale taxonomy is population segment would result in a evaluated the genetic discreteness of outdated, they continued their significant gap in the range of the Southern Resident killer whales in the assessment beyond the narrow focus of taxon.’’ The BRT concluded that the context of genetic differences among all the petition. Therefore, the BRT also current designation of one global aggregations of killer whales globally. It investigated Southern Residents as a species for killer whales is likely found that the differences between component of several potential DPS, inaccurate because available data Southern Residents and Resident pods and they examined various putative taxa suggest that present taxonomy does not in Canada and Alaska were small of which Southern Residents would be reflect current knowledge and compared to genetic differences a DPS. Then, the BRT conducted additional species/subspecies of killer between Resident and Transient killer Population Viability Analyses (PVA) to whales should be ‘‘officially’’ whale stocks. Consequently, the estimate the probability of extinction for recognized. Southern Resident killer whale stock two of the smallest possible population The BRT attempted to identify does not have markedly different units. alternative taxa, but gave roughly equal genetic characteristics. The first scenario analyzed was one support to four different scenarios. The for Southern Resident killer whales taxon to which Southern Residents Southern Residents as a DPS Under alone. As a continuation of the BRT’s might belong if the global species were Alternative Killer Whale Taxa alternative taxa deliberations, this to be subdivided could be as small as Although the BRT concluded that information would be considered useful North Pacific Resident killer whales or current killer whale taxonomy was if future changes in this species’ as large as the mtDNA lineage consistent outdated, the scientists acknowledged taxonomy warranted reconsidering the with fish eating whales. The BRT
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conducted PVA modeling on two comment suggesting that the Southern Residents may belong. population units of killer whales, ‘‘significance’’ criteria include a Although a DPS could not be identified Southern Residents along and in consideration of the affected clearly, the BRT evaluated the risk of combination with Northern and Alaska population’s importance to the extinction of other larger potential DPSs Residents for comparative purposes. ecosystem it occupies. The Services by aggregating logical units. For a first Although Southern Residents are not noted that most, if not all, populations logical step in aggregating units of killer considered a DPS of the global species, play a significant role in their whales, the BRT combined the they face a relatively high risk of ecosystems. The Services also stated, Southern, Northern, and Alaska extinction. The combination of ‘‘On the other hand, populations Residents and simulated the risk of commonly differ in their importance to Southern, Northern, and Alaska extinction for this aggregation. Residents, however, was at a very low the overall welfare of the species they Simulation results predicted that the risk of extinction. Thus, the manner by represent, and it is this importance that which killer whale taxonomy is the (DPS) policy attempts to reflect in extinction risk of that initial aggregation resolved in the future will play a key the consideration of significance.’’ was negligible. Therefore, NMFS cannot role in determining whether there is a NMFS concurs with other co-manager identify a DPS to which Southern DPS to which Southern Resident killer comments that the issue of classifying Residents may belong that is in danger whales belong and in evaluating the Southern Resident killer whales into a of extinction throughout all or a status of that DPS under the ESA. particular DPS cannot be resolved until significant portion of its range or likely As described previously in this the taxonomic structure of O. orca is to become endangered in the foreseeable notice, NMFS received comments on a clarified. future. preliminary draft of the BRT’s status Finding NMFS is, however, concerned about review findings from the Marine the recent decline in the Southern NMFS has reviewed the petition, the Mammal Commission and from Resident assemblage, and will continue Washington, Tribal, and Canadian co- report of the BRT (NMFS, 2002), co- to seek new information on the managers. These comments included manager comments, and other available taxonomy, biology, and ecology of these technical questions and data (e.g., recent information, and has consulted with census data for Northern Resident species experts and other individuals whales, as well as potential threats to whales), discussions of DPS and listing familiar with killer whales. On the basis their continued existence. Within 4 policy issues, and information of the best available scientific and years, NMFS will reconsider the describing the cultural and spiritual commercial information, the agency taxonomy of killer whales. If the species importance of killer whales to Native finds that the petitioned action is not O. orca has been subdivided in a American Tribes. warranted at this time because the manner that may allow Southern Some co-managers requested that petitioned group of killer whales does Resident killer whales to be identified NMFS use other DPS criteria for not constitute a DPS of the currently as a DPS, NMFS will reconvene a BRT significance, such as the ecological role recognized species O. orca. to reassess the status of these whales of Southern Resident killer whales in The status review revealed under the ESA. Also, in light of new Puget Sound and Georgia Straits. The uncertainties regarding the taxonomic information presented in the recently BRT discussed an array of criteria that status of killer whales worldwide. The completed status review and in may be useful for determining taxonomy of killer whales that is response to some co-manager significance, including some not currently published in the scientific recommendations, the agency will contained in the DPS policy but raised literature includes a single species that review the status of Southern Resident includes all killer whales globally. The by the petitioners or co-managers. killer whales to determine whether they BRT discussed more recent, but However, only the criteria described in warrant reclassification as a depleted the DPS policy were deemed applicable inconclusive, evidence that O. orca stock under the MMPA. A request for to assessing the significance of Southern could be separated from a single, global Residents. Based on these criteria, the species into additional species or information relevant to making this BRT concluded that Southern Resident subspecies. In this case, NMFS latter determination is being made via a killer whales are not a DPS of the global recognized that taxonomists may be concurrent notice in the Federal species. The criteria before the BRT for conservative or liberal in assigning new Register. considering ‘‘significance’’ were species and that the relevance of new References sufficient to evaluate whether or not information may be debated widely Southern Residents represented a DPS before it is generally accepted by the A complete list of all cited references of killer whales. In the notice of joint scientific community. Because the is available on the Internet (see policy regarding DPS determinations (61 recent information related to the Electronic Access) or from NMFS upon FR 4722, February 7, 1996), NMFS and taxonomy of killer whales has not been request (see FOR FURTHER INFORMATION the U.S. Fish and Wildlife Service subjected to that scientific debate, CONTACT). discussed the criteria for evaluating a NMFS considers the published standard portion of a species as a DPS. The of a single, global species as the best Dated: June 7, 2002. Services noted that the ESA is not available scientific information. In William T. Hogarth, intended to establish a comprehensive accordance with the report of the BRT, Assistant Administrator for Fisheries, biodiversity conservation program; NMFS finds that Southern Resident National Marine Fisheries Service. rather, the ESA is focused on the killer whales are not a ‘‘species’’ under [FR Doc. 02–16526 Filed 6–28–02; 8:45 am] protection and recovery of threatened the ESA. Consequently, NMFS finds BILLING CODE 3510–22–S and endangered species or population that listing Southern Resident killer segments that are discrete and whales as threatened or endangered is significant to the species and on the not warranted at this time. ecosystems upon which these particular As noted in the report of the BRT, species depend. In the 1996 policy NMFS also investigated alternatives to notice, the Services responded to a identify whether there is a DPS to which
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DEPARTMENT OF COMMERCE DATES: Comments on this proposed groups. Additional background on the interim rule must be received no later lawsuit is contained in the preamble to National Oceanic and Atmospheric than 5 p.m., local time, on July 16, 2002. the interim rules published by NMFS on Administration ADDRESSES: Written comments on the April 29, 2002 (67 FR 21140), May 6, proposed rule should be sent to Patricia 2002 (67 FR 30331), and June 5, 2002 50 CFR Part 648 A. Kurkul, Regional Administrator, (67 FR 38608), and is not repeated here. National Marine Fisheries Service, One From April 5–9, 2002, Plaintiffs, [Docket No. 020409080–2155–04; I.D. Blackburn Drive, Gloucester, MA 01930. Defendants and Intervenors engaged in 061402D] Mark the outside of the envelope, Court-sponsored mediation to try to ‘‘Comments on the August Proposed agree upon mutually acceptable short- RIN 0648–AP78 Interim Rule for Groundfish.’’ term and long-term solutions to present Comments also may be sent via to the Court as an appropriate remedy. Magnuson-Stevens Fishery facsimile (fax) to (978) 281–9135. Although these discussions ended with Conservation and Management Act Comments will not be accepted if no agreement, several of the parties Provisions; Fisheries of the submitted via e-mail or Internet. continued mediation and filed a Northeastern United States; Northeast Written comments regarding the Settlement Agreement with the Court on Multispecies Fishery approved collection-of-information April 16, 2002. In addition to NMFS, the requirements should be sent to the parties signing the agreement include AGENCY: National Marine Fisheries Regional Administrator and to the CLF, which is one of the Plaintiff Service (NMFS), National Oceanic and Office of Information and Regulatory conservation groups, all four state Atmospheric Administration (NOAA), Affairs, Office of Management and Intervenors, and two of three industry Commerce. Budget, Washington, DC 20503 (Attn: Intervenors. In order to ensure the implementation NOAA Desk Officer). ACTION: Proposed interim rule; request of protective management measures by for comments. Copes of the rule, including the Environmental Assessment/ Regulatory May 1, 2002, NMFS, notwithstanding Impact Review/Initial Regulatory that the Court had not yet issued its SUMMARY: NMFS proposes an interim Remedial Order, filed an interim final Flexibility Analysis (EA/RIR/IRFA) are rule under section 305(c) of the rule with the Office of the Federal available upon request from the Magnuson-Stevens Fishery Register on April 25, 2002, for Regional Administrator. The EA/RIR/ Conservation and Management Act publication on April 29, 2002. The IRFA is also accessible via the Internet (Magnuson-Stevens Act) to implement interim final rule that was published on at http://www.nero.nmfs.gov. additional interim measures intended to April 29, 2002, implemented measures reduce overfishing on species managed FOR FURTHER INFORMATION CONTACT: identical to the short-term measures under the Northeast Multispecies Thomas Warren, Fishery Policy Analyst, contained in the Settlement Agreement Fishery Management Plan (FMP). This phone: 978–281–9347, fax: 978–281– filed with the Court. rule proposes additional restrictions 9135; e-mail: [email protected] On April 26, 2002, the Court issued a specified in the Settlement Agreement SUPPLEMENTARY INFORMATION: Remedial Order that ordered the Among Certain Parties (‘‘Settlement Background promulgation of two specific sets of Agreement’’), which was ordered to be management measures—one to be implemented by the U.S. District Court On December 28, 2001, a decision was effective from May 1, 2002, to July 31, for the District of Columbia (Court) in a rendered by the Court on a lawsuit 2002, and the other from August 1, Remedial Order issued on May 23, 2002. brought by the Conservation Law 2002, until promulgation of Amendment The additional measures include the Foundation (CLF), Center for Marine 13 to the FMP. The Court-ordered following: A freeze on days-at-sea (DAS) Conservation, National Audubon measures for the first set of measures at the highest annual level used from Society and Natural Resources Defense were, in the majority, identical with fishing years 1996–2000 (beginning May Council against NMFS (Conservation those contained in the Settlement 1, 1996 through April 30, 2001) and a Law Foundation, et al., v. Evans, Case Agreement and the measures contained 20-percent cut from that level; a freeze No. 00CVO1134, (D.D.C., December 28, in NMFS’ April 29, 2002, interim final on the issuance of new open access 2001)). The lawsuit alleged that rule. However, the Court-ordered Hand-gear permits, and a decreased cod, Framework Adjustment 33 to the FMP measures included additional haddock, and yellowtail flounder violated the overfishing, rebuilding and provisions and an accelerated schedule possession limit for that category; bycatch provisions of the Magnuson- of effectiveness for all measures, which increased gear restrictions for certain Stevens Fishery Conservation and were not contained in either the gear types, including gillnets, hook-gear Management Act (Magnuson-Stevens Settlement Agreement or the April 29, and trawl nets; restrictions on yellowtail Act) (16 U.S.C. 1801, et seq.), as 2002, interim final rule. According to flounder catch; and mandated observer amended by the Sustainable Fisheries the Court, these additional provisions coverage levels for all gear sectors in the Act (SFA). The Court granted Plaintiffs’ were included to strengthen the Northeast (NE) multispecies fishery. Motion for Summary Judgment on all Settlement Agreement provisions ‘‘in This rule also proposes to continue counts, but did not impose a remedy. terms of reducing overfishing and many of the measures contained in an Instead, the Court asked the parties to minimizing bycatch without risking the earlier interim final rule that was the lawsuit to propose remedies lives of fishermen or endangering the published on April 29, 2002, for this consistent with the Court’s findings. future of their communities and their fishery. This action is necessary to bring Shortly thereafter, several additional way of life.’’ Remedial Order, p.13. the regulations governing the (NE) parties were allowed to intervene in the Further, the Court ordered that NMFS multispecies (groundfish) fishery into lawsuit for purposes of proposing the publish in the Federal Register, as compliance with the Settlement appropriate remedy. These parties quickly as possible, an ‘‘amended Agreement Among Certain Parties (‘‘Intervenors’’) included the States of interim rule and an amended second (Settlement Agreement) and the Court’s Maine, New Hampshire, Massachusetts, interim rule’’ that would ‘‘include the Remedial Order. and Rhode Island, and three industry departures from the Settlement
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Agreement incorporated in the Magnuson-Stevens Act, while baseline would be determined by the Remedial Order.’’ To comply with the Amendment 13 is being developed. number of DAS called-in to the NE Court Order, NMFS published a second multispecies DAS program during the Management Measures interim final rule (‘‘amended interim May 1, 1996, through April 30, 2001, rule’’) to modify the measures All measures that were in effect prior period. For vessels fishing with a implemented through the April 29, to May 1, 2002, and not amended by NMFS-approved Vessel Monitoring 2002, interim final rule and to accelerate this proposed interim rule, remain in System (VMS), NE multispecies DAS for the effectiveness of the gear restrictions, effect as of August 1, 2002. These each trip would be determined based on as required by the Remedial Order. measures, therefore, are not discussed when the first hourly location signal Because the Court’s Remedial Order was specifically in the description that was received showing that the vessel not entirely consistent with the terms of follows. The following management crossed the VMS Demarcation Line the Settlement Agreement, NMFS, CLF, measures are proposed to be leaving port, until the first hourly and the Intervenors filed motions for implemented on August 1, 2002. These location signal was received showing reconsideration with the Court, measures are designed to reduce that the vessel crossed the VMS requesting that the Court implement the overfishing on all ‘‘regulated species’’ Demarcation Line upon its return to terms of the Settlement Agreement managed under the FMP. port, unless the vessel’s authorized without change. New Regulated Mesh Areas representative declared the vessel out of On May 23, 2002, the Court issued an the NE multispecies fishery for a This interim action would redefine Order, in the case of Conservation Law specific time period by notifying the and divide the Gulf of Maine/Georges Foundation, et al., v. Evans et al (Case Regional Administrator, Northeast Bank (GOM/GB) Regulated Mesh Area No. 001134 GK)(D.D.C. May 23, 2002) Regional Office, NMFS (RA) through the (RMA) into two areas: The GOM RMA, granting the motions for reconsideration VMS prior to the vessel leaving port. on the basis that ‘‘the important changes which is the area north of the GOM cod exemption line currently used to define Because some NE multispecies limited made by the Court in the complex and access vessels that are currently carefully crafted Settlement Agreement the areas where the GOM cod and GB cod trip limits apply; and the GB RMA, required to fish under the NE Among Certain Parties * * * would multispecies DAS program were exempt produce unintended consequences.’’ which is that part of the current GOM/ GB RMA that lies south of the GOM cod from the DAS requirements prior to July The Court ordered that the Settlement 1, 1996, the implementation date of Agreement be implemented according to exemption line and continues south to ° ′ Amendment 7 (61 FR 2270, May 31, its terms; that the Secretary of the EEZ for the areas lying east of 69 00 W. long. The Southern New England 1996); i.e., vessels in the 45-ft (13.7-m)- Commerce (Secretary) publish an and-less, Hook-Gear and Gillnet permit interim rule, effective no later than June (SNE) and Mid-Atlantic (MA) RMAs would also be redefined. The SNE RMA categories; NE multispecies DAS for 1, 2002, to reduce overfishing in the first these vessels during the period May 1, quarter of the 2002–2003 fishing year; would be defined as the area that lies west of the GB RMA and east of a line 1996, through June 30, 1996, would be that the Secretary publish another determined based on information interim rule to be effective no later than beginning at the intersection of 74°00′ W. long. and the south-facing shoreline derived from the Vessel Trip Reports August 1, 2002, to reduce overfishing (VTRs), provided that the VTRs were beginning with the second quarter of the of Long island, NY, and running southward along the 74°00′ W. long. submitted to NMFS prior to April 9, 2002–2003 fishing year, and continuing 2002. The procedure for determining a until implementation of Amendment 13 line. The MA RMA would be defined as vessel’s used DAS baseline would be the to the FMP, which complies with the the area west of the SNE RMA. Specific same for vessels that currently possess overfishing, rebuilding, and bycatch management measures would apply, a Confirmation of Permit History. provisions of the SFA; and that, no later depending on the area fished. For the Vessels that have a valid NE than August 22, 2003, the Secretary purposes of the exempted fishery multispecies limited access Small promulgate such an amendment to the programs already implemented under Vessel category permit (vessels 30 ft (9.1 FMP. the FMP, the GOM/GB and SNE RMAs, In response to the May 23, 2002, as defined under Amendment 7, would m) or less in length overall) would Court Order, on May 31, 2002, NMFS remain in effect and would be referred remain exempt from the NE filed an interim rule with the Federal to as Exemption Areas. multispecies DAS restrictions. Register (67 FR 38608, June 5, 2002) As noted above, the used DAS DAS Freeze that implemented regulations for the baseline would be calculated based June 1 through July 31, 2002, period, This measure proposes to establish a upon historic DAS use associated with consistent with the Settlement new DAS baseline, or ‘‘used DAS the currently valid limited access Agreement. This proposed interim rule baseline,’’ for each vessel, based on the permit. The DAS associated with a would implement management permit history of that vessel. The used particular permit history may not equal measures for the period August 1, 2002, DAS baseline for a limited access permit the DAS associated with a particular through the implementation of would be calculated based on the vessel because vessels may be replaced Amendment 13, in accordance with the highest number of DAS that a vessel(s) and the permits transferred from one Settlement Agreement and the Remedial fished during a single fishing year using vessel to another. NMFS will notify Order. Amendment 13, which will bring the 1996 through 2000 fishing years, vessel owners in writing of their NE the FMP into full compliance with the beginning May 1, 1996, through April multispecies used DAS baselines. A SFA, is under development by NMFS 30, 2001, not to exceed the vessel’s vessel’s used DAS baseline may be and the New England Fishery current DAS allocation in any given appealed to the Regional Administrator Management Council (Council) and is year. For vessels where the calculation by August 31, 2002. The request to intended to be implemented by August of the baseline DAS would result in a appeal must be in writing and provide 22, 2003. This proposed rule is being net amount of DAS less than 10, the credible evidence that the information proposed as an interim action necessary vessel would be allocated a used DAS used by the Regional Administrator in to reduce overfishing consistent with baseline of 10 DAS. For the majority of making the determination of the vessel’s and pursuant to section 305(c) of the limited access vessels, the used DAS used DAS baseline was based on
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mistaken or incorrect data. The decision multispecies DAS, such vessels could through April 30, 2003 (50 DAS ¥ 10 on appeal shall be determined solely on still fish under a monkfish DAS when DAS ¥ 22 DAS + 10 DAS = 28 DAS). the basis of written information NE multispecies DAS are no longer Freeze on Issuance of New Handgear submitted, unless the Regional available, but would then be required to Permits Administrator specifies otherwise. The fish under the provisions of a monkfish Regional Administrator’s decision on Category A or B vessel, i.e., limited Under this proposed interim rule, appeal is the final decision of the access monkfish vessels that do not vessels that have never been issued an Department of Commerce. possess a limited access NE open access NE multispecies Handgear permit, or that have not applied for an DAS Effort Reduction multispecies permit. For example, if a monkfish category D vessel’s NE open access Handgear permit by August This measure would reduce the multispecies DAS allocation were 30, 1, 2002, would be prohibited from vessel’s baseline level of used DAS, and the vessel fished 30 monkfish DAS, obtaining a Handgear permit for the calculated as described above, by 20 30 NE multispecies DAS would also be duration of this action. percent. This measure would be specific used. However, after all 30 NE to the 2002 fishing year, beginning May Prohibition on Front-Loading the DAS multispecies DAS were used, the vessel Clock 1, 2002, through April 30, 2003, and for could utilize its remaining 10 monkfish the 2003 fishing year, beginning May 1, DAS to fish on monkfish, without a NE NE multispecies regulations prior to 2003, until implementation of multispecies DAS being used, provided May 1, 2002, require that, at the end of Amendment 13 to the FMP. For the that the vessel fishes under the a vessel’s trip, upon its return to port, 2002 fishing year, NE multispecies DAS regulations pertaining to a category B the vessel owner or owner’s that were fished by a vessel during the vessel and does not retain any regulated representative must call NMFS to notify period May 1 through July 31, 2002, multispecies. NMFS that the trip has ended, thus would be deducted from that vessel’s ending a DAS. However, there is no total allocated DAS. That is, each DAS Carry-Over From Fishing Year restriction on when a vessel can start its vessel’s DAS allocation for August 1, 2001 DAS clock. Consequently, some vessel 2002, through April 30, 2003, would be owners start their DAS clock well in equal to that vessel’s used DAS baseline, Under measures promulgated through advance of the actual departure of the minus 20 percent of that vessel’s used a previous NE multispecies interim final vessel, a practice known as ‘‘front- DAS baseline, minus the DAS that rule (67 FR 21140, April 29, 2002), loading.’’ Front-loading is prohibited vessel fished during May through July, effective May 1, 2002, through July 31, through July 31, 2002, as a result of the 2002. During the period May 1 through 2002, a vessel is allowed to use no more interim rule published April 29, 2002; July 31, 2002, all NE multispecies DAS than 25 percent of its annual NE this proposed interim rule would vessels are subject to a minimum of 15 multispecies DAS allocation during continue that prohibition for the hours for each NE multispecies DAS trip May-July, 2002. However, because duration of this action. that exceeded 3 hours. For the purposes carry-over DAS are not considered part Under this proposed measure, a vessel of determining NE multispecies DAS of a vessel’s allocated DAS, carry-over owner or authorized representative used during the period May through DAS from the previous fishing year are would be required to notify NMFS no July, 2002, DAS would be counted not allowed to be used when earlier than 1 hour prior to the vessel based on the 15-hour minimum determining the 25-percent of DAS that leaving port to fish under the NE restriction for day gillnet vessels only. can be used during the May-July, 2002, multispecies DAS program. A DAS DAS for all other vessels fishing under period; consequently, carry-over DAS would begin once the call has been a NE multispecies DAS during May are not allowed to be fished during that received and a confirmation number is through July, 2002, would be counted as period. Under this proposed interim given. This measure would apply in all actual time. rule, vessels would be allowed to fish management areas. Vessels for which the amount of NE any carry-over DAS from the 2001 multispecies DAS available for use as of fishing year beginning August 1, 2002, Closed Area Additions/Modifications August 1, 2002, would be less than or through April 30, 2003. These carry- This measure would implement equal to the DAS fished during the May over DAS would be in addition to the additional seasonal and year-round area through July 2002, period, the vessel vessel’s 2002 NE multispecies DAS closures. Specifically, this action would be left with zero NE multispecies allocation and would, therefore, be proposes to continue, in its current DAS for the remainder of the fishing factored into that vessel’s total NE configuration, the closure of the year, unless the vessel had carry-over multispecies DAS available for the 2002 Western Gulf of Maine (WGOM) Area DAS from the previous fishing year (see fishing year, after the 20-percent DAS Closure. This action would also expand description below of how carry-over reduction and after the DAS fished Rolling Closure Area III by closing area DAS would apply). during the May-July period are blocks 124 and 125 for the month of Vessels that have a monkfish Category deducted from that vessel’s used DAS May, 2003, and expand Rolling Closure C or D permit (i.e., vessels that possess baseline. For example, if a vessel’s used Area IV by closing area blocks 132 and both a monkfish and a limited access NE DAS baseline is 50 DAS and it has 133 for the month of June, 2003. This multispecies DAS permit) must run both carry-over DAS from fishing year 2001, action would further expand the Bank their monkfish DAS clock and the NE its total DAS for the fishing year would Seasonal Closure Area by closing blocks multispecies DAS clock concurrently equal: 50 DAS ¥ 20 percent of used 80 and 81 and the portion of blocks when fishing under a monkfish DAS. DAS baseline (10 DAS)—DAS fished 118–120 that are south of 42°20′ N. lat. Limited access monkfish permit holders during May-July 2002 + carry-over DAS during the month of May, 2003. are allocated 40 monkfish DAS (under from fishing year 2001. If the vessel Additionally, the Cashes Ledge the monkfish FMP). Under the proposed fished 22 DAS during May-July and had Closure Area, in its original measure, vessels for which the NE 10 carry-over DAS from fishing year configuration, would be closed for the multispecies DAS reduction would 2001, under this example the vessel duration of the interim final rule. result in the vessel having more would be allowed to fish up to 28 DAS Exemptions to the current GOM monkfish DAS allocated than NE during the period August 1, 2002, rolling closure areas would remain the
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same for the expanded rolling closures Trawl Vessels When Fishing in the SNE to a net would have to be retained on and the expanded GB Seasonal Closure RMA the vessel and be immediately available Area that would be implemented by this Under this proposed interim rule, for inspection. proposed interim rule. All of the current when fishing any part of a NE Gillnet Vessels When Fishing in the GB exemptions are proposed to apply to the multispecies DAS in the SNE RMA, RMA WGOM and Cashes Ledge Closure otter trawl vessels would be required to Areas, with the following exceptions: Under this proposed interim rule, fish with a minimum 7.0-inch (17.8-cm) limited access NE multispecies vessels Vessels are prohibited from fishing with diamond or 6.5-inch (16.5-cm) square that fish under a NE multispecies DAS scallop dredge gear or fishing in the mesh codend. This requirement would with gillnet gear in the GB RMA at any Raised Footrope Trawl Exempted apply only to the codend of the net; the time throughout the fishing year would Whiting Fishery. minimum mesh-size for the remaining be required to declare into the Day or Finally, this interim action would portion of the net would remain Trip gillnet category. Vessels fishing open an inshore area from January unchanged, i.e., 6.0-inch (15.2-cm) under either the Day or Trip gillnet through March, which corresponds to diamond mesh or 6.5-inch (16.5-cm) category in the GB RMA during any part square mesh, or any combination area blocks 124 and 125, by eliminating of a trip under a NE multispecies DAS, thereof, throughout the remaining the groundfish January Massachusetts would be required to fish with nets with portion of the net. As in the GOM and Bay-Stellwagen Bank Conditional a minimum of 6.5-inch (16.5-cm) mesh GB RMAs, trawl vessels that currently and would be restricted from fishing Closure Area and the February Rolling fish with 6.5-inch (16.5-cm) square Closure Area VI, and by eliminating more than 50 nets, with two tags fixed mesh throughout the entire net would to each net. blocks 124 and 125 from the March not be subject to mesh changes under Rolling Closure Area I. All other closure this rule. For vessels fishing with a 7.0- Gillnet Vessels When Fishing in the SNE areas would remain unchanged. Charts inch (17.8-cm) diamond mesh codend, RMA of the proposed closure areas are or for vessels fishing with a 6.5-inch Under this proposed interim rule, available from the Regional (16.5-cm) square mesh codend and a limited access NE multispecies vessels Administrator upon request (see combination of square mesh and that fish under a NE multispecies DAS ADDRESSES). diamond mesh throughout the with gillnet gear in the SNE RMA at any remaining portions of the net, the Gear Restrictions time throughout the fishing year would codend would be defined as described be required to declare into the Day or Trawl Vessels When Fishing in the above under the GOM and GB trawl Trip gillnet category. Vessels fishing GOM, GB, and Mid-Atlantic RMAs mesh restrictions. under either the Day or Trip gillnet category in the SNE RMA during any Under this proposed interim rule, Gillnet Vessels When Fishing in the GOM RMA part of a trip under a NE multispecies vessels fishing with otter trawl gear, and DAS, would be required to fish with fishing any part of a NE multispecies Under this proposed interim rule, nets with a minimum of 6.5-inch (16.5- DAS in the GOM, GB, or Mid-Atlantic limited access NE multispecies vessels cm) mesh and would be restricted from RMAs, would be required to fish with that fish under a NE multispecies DAS fishing more than 75 nets, with two tags a minimum 6.5-inch (16.5-cm) diamond with gillnet gear in the GOM RMA at fixed to each net. or square mesh codend. This any time throughout the fishing year requirement applies only to the codend would be required to declare into the Gillnet Vessels When Fishing in the of the net; the minimum mesh-size for Day or Trip gillnet category. Vessels that Mid-Atlantic RMA the remaining portion of the net would obtain an annual designation as a Trip The minimum mesh size restrictions remain unchanged, i.e., 6.0-inch (15.2- gillnet vessel, when fishing in the GOM and number of nets required for gillnet cm) diamond mesh or 6.5-inch (16.5- RMA during any part of a trip under a vessels when fishing in the Mid-Atlantic NE multispecies DAS, would be cm) square mesh, or any combination RMA under a NE multispecies DAS required to fish with nets with a thereof, throughout the remaining would remain unchanged. That is, minimum of 6.5-inch (16.5-cm) mesh portion of the net. Trawl vessels that vessels would be allowed to continue to and would be restricted to 150 nets, fish up to 160 nets. This net restriction currently fish with 6.5-inch (16.5-cm) with one tag fixed to each net. square mesh throughout the entire net is different than the net restriction of Multispecies vessels that obtain an 150 nets, as in the Settlement would not be subject to mesh changes annual designation as a Day gillnet Agreement and Court order, for vessels under the proposed interim rule. For vessel would be allowed to fish up to fishing under the monkfish DAS vessels fishing with a 6.5-inch (16.5-cm) 100 nets, provided that, when fishing program. diamond mesh codend, or for vessels any part of a trip under a NE fishing with a 6.5-inch (16.5-cm) square multispecies DAS in the GOM RMA, the Gillnet Vessels When Fishing Under a mesh codend and a combination of vessel complies with the following Monkfish DAS square mesh and diamond mesh specifications: When fishing with Under this proposed interim rule, throughout the remaining portions of flatfish nets, vessels could fish no more monkfish vessels that have a monkfish the net, the codend would be defined as than 100 nets, with a minimum mesh limited access Category C or D permit follows: 25 meshes for diamond mesh, size of 7 inches (17.8 cm), with one tag (i.e., vessels that possess both a or 50 bars in the case of square mesh, affixed to each net; and when fishing monkfish and NE multispecies limited from the terminus of the net for vessels with roundfish nets, vessels would be access permit) and that are fishing 45 ft (13.7 m) in length and less; and 50 restricted to fishing during July through under a monkfish DAS in all areas meshes for diamond mesh, or 100 bars February of each fishing year only, and would be restricted from fishing more in the case of square mesh, from the would be allowed to fish no more than than 150 nets, provided the vessel fishes terminus of the net for vessels greater 50 nets with a minimum mesh size of with nets with a minimum mesh size of than 45 ft (13.7 m) in length. 6.5 inches (16.5 cm) and with two tags 10 inches (25.4 cm). Vessels would be affixed to each net. Any tag not affixed required to affix one tag to each net.
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Category A and B monkfish vessels square mesh throughout the entire net. or SNE RMAs would be required to use would be unaffected by the proposed Vessels fishing with trawl nets or sink 12/0 or larger circle hooks. In addition, measures. gillnets when fishing in the Mid- Hook-Gear vessels that are fishing any Atlantic RMA would be required to fish Large-Mesh Vessel Permit Categories part of a DAS trip in the GOM, GB and with nets with a minimum mesh size of SNE RMAs would be subject to a Under this proposed interim rule, 7.5-inch (19.0-cm) diamond or 8.0-inch maximum number of rigged hooks on vessels that have a valid limited access (20.3-cm) square mesh throughout the board the vessel. Specifically, vessels NE multispecies Large Mesh Individual entire net. fishing in the GOM or SNE RMAs would DAS category or a Large Mesh Fleet DAS category permit would be required Hook-Gear Vessels be restricted from possessing more than to fish with nets with mesh that is 2.0 Under this proposed interim rule, 2,000 rigged hooks, and vessels fishing inches (5.1-cm) larger than the current vessels that have a valid NE in the GB RMA would be restricted from regulated mesh size when fishing under multispecies limited access Hook-Gear possessing more than 3,600 rigged the NE multispecies DAS program. That permit would be prohibited from using hooks. is, when fishing in the GOM, GB, and de-hookers (crucifiers) with less than 6- Table 1 summarizes the gear SNE RMAs, vessels fishing with trawl inch (15.2-cm) spacing between the restriction measures for each gear sector nets or sink gillnets would be required fairlead rollers. Hook-Gear permitted when fishing in the various RMAs. to fish with nets with a minimum mesh vessels that are fishing any part of a NE size of 8.5-inch (21.6-cm) diamond or multispecies DAS trip in the GOM, GB BILLING CODE 3510–22–P
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BILLING CODE 3510–22–C NE Multispecies Possession Restrictions the GB RMA. During the period March Cod Minimum Fish Size (Commercial Yellowtail Flounder 1 through May 31, all vessels would be Vessels) subject to a possession and landing limit This proposed interim rule would of 250 lb (113.4 kg) of yellowtail Under this proposed interim rule, the require enrollment in one of two flounder per trip when fishing any part minimum size for cod that may be exemption programs for any possession of a trip in the SNE RMA north of 40°00′ lawfully sold would be 22 inches (55.9 of yellowtail flounder and implement N. lat. In addition, during the period restrictions on the harvest of yellowtail cm)(total length). June 1 through February 28, all vessels flounder when fishing west or south of
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would be subject to a possession and (907.2 kg) per DAS, up to a maximum the charter/party recreational fishing landing limit of 750 lb (340.3 kg) of possession limit of 20,000 lb (9,071.8 sector when a vessel is fishing in the yellowtail flounder per day, and a kg) per trip. A vessel subject to this GOM RMA and not under a DAS. maximum trip limit of 3,000 lb (1,361.2 landing limit restriction would come During the period April through kg) per trip when fishing any part of trip into port with, and offload, cod in November, each person on a charter/ in the SNE RMA north of 40°00′ N. lat. excess of the landing limit, as party vessel not under a DAS would be Vessels fishing for yellowtail flounder determined by the number of DAS allowed to possess no more than 10 cod in the SNE RMA north of 40°00′ N. lat. elapsed since the vessel called into the or haddock, combined, per trip. For would be allowed to possess and land DAS program, provided that the vessel each trip during the period December up to the seasonal yellowtail allowable operator does not call out of the DAS through March, each person on a limits, provided the vessel does not fish program and does not depart from a charter/party vessel not under a DAS south of 40°00′ N. lat. and has on board dock or mooring in port until the rest of would be allowed to possess no more a SNE yellowtail flounder exemption the additional 24-hr block of the DAS than 10 cod or haddock combined, no certificate issued by the RA. Under this has elapsed, regardless of whether all of more than 5 of which could be cod. This proposed interim rule, all vessels would the cod on board is offloaded. For action would further restrict the cod be prohibited from possessing yellowtail example, a vessel that has been called possession limit for private recreational flounder in the MA or SNE RMAs into the DAS program for 25 hr, at the vessels by requiring that, when fishing unless fishing north of 40°00′ N. lat., or time of landing, may land only up to in the GOM RMA during the period unless the vessel is transiting areas 4,000 lb (1,814.8 kg) of cod, provided December through March, each person south of 40°00′ N. lat. and all fishing the vessel does not call out of the DAS on a recreational vessel would be gear on board the vessel is properly program or leave port until 48 hr have allowed to possess no more than 10 cod stowed according to the regulations. elapsed from the beginning of the trip. or haddock combined, no more than 5 Vessels fishing east or north of the SNE This modification is consistent with the of which could be cod. Cod and RMA would not be subject to the GOM cod trip limit provisions in the NE haddock harvested by recreational yellowtail flounder possession limit multispecies regulations. A vessel that vessels with more than one person restrictions, provided that the vessel would be required to remain in port for aboard could be pooled in one or more does not fish west of the GB RMA, and the time that it must run its DAS clock containers. Compliance with the posseses on board a GOM/GB yellowtail could transit to another port during that possession limit would be determined flounder exemption certificate issued by time, provided the operator notifies the by dividing the number of fish on board the RA. Vessels exempt from the Regional Administrator according to by the number of persons on board. yellowtail possession limit requirements provisions specified in § 648.86(b)(3). For a vessel that intends to charter/ could transit areas outside of the GOM Cod party fish in the GOM closed areas, this specific exempted area that they are proposed interim rule would require This action would increase the daily fishing, provided that their gear is that the vessel possess on board a letter possession limit for GOM cod from 400 stowed in accordance with one of the of authorization (LOA) issued by the lb (181.8 kg) per DAS to 500 lb (227.3 provisions of § 648.23(b). RA. This LOA would be required for the kg) per DAS. The maximum possession entire fishing year if the vessel intends Handgear Permitted Vessels limit would remain at 4,000 lb (1,818.2 to fish in the year-round GOM closure Under this proposed interim action, kg) per trip. areas, and for a minimum of 3 months the cod, haddock and yellowtail if the vessel intends to fish in the flounder possession limit for vessels Recreational and Charter/Party Vessel seasonal GOM closure areas. Vessels that have been issued a valid open Restrictions could obtain an LOA by calling the access Handgear permit would be Under this action, the minimum size NMFS Permit Office at 978–281–9370. reduced to 200 lb (90.7 kg), combined, for cod and haddock that may be per trip. retained by a federally permitted All other existing recreational charter/party vessel not on a DAS, or a measures remain unchanged, including GB Cod Trip Limit Modification private recreational vessel not holding a the no-sale provision for all fish caught This action would modify how the Federal permit and fishing in the EEZ, for both the party/charter and private DAS clock would accrue for those would be 23 inches (58.4 cm) total recreational sectors when not fishing vessels fishing in the GB RMA and length. under a NE multispecies DAS. Table 2 harvesting GB cod. The GB cod trip This action would implement a cod summarizes the party/charter and limit would be maintained at 2,000 lb and haddock bag (possession) limit for private recreational sector measures.
TABLE 2.—CHARTER/PARTY AND PRIVATE RECREATIONAL FISHING MEASURES
Minimum fish size, inches GOM closure exemption author- cod & had- Bag limit (combined) ization dock 1
Charter/party not on a DAS ...... 23 April–November: 10 cod/haddock 2 ...... A minimum of 3 months, or dura- December–March: 10 cod/haddock, no more than 5 tion of closure. which can be cod 2 Private Recreational ...... 23 Areas outside of GOM RMA: 10 cod/haddock ...... N/A GOM RMA: 10 cod/haddock, no more than 5 which can be cod, Dec.–Mar. 1 All other minimum fish sizes remain unchanged. 2 When fishing in the GOM RMA.
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Observer Coverage modeled (DAS restrictions, area an increase in the GOM cod trip limit. NMFS has been ordered by the Court, closures, and trip limits); (b) Among those adversely impacted, small by August 1, 2002, to expand its commercial measures that were not otter trawl vessels would be most observer coverage in the NE modeled (changes to the open access affected. Vessels positively affected multispecies fishery by providing a hand gear category, prohibition on would be gillnet or hook vessels, due to minimum of 5-percent coverage, to frontloading, prohibition on de-hooker the proposed increase in the GOM cod monitor and collect information on use, mesh size restrictions, and trip limit and the fact that, for these bycatch, as well as other biological and limitations on the number of gillnets vessels, cod constitutes a much higher fishery-related information. and hooks); and (c) recreational proportion of their total fishing income Additionally, NMFS has been ordered, measures (private recreational vessel than it does for other vessels. Detailed by May 1, 2003, to expand further its and party/charter). The hard TAC cost data, and the analytical tools observer coverage, if appropriate. alternative is a fundamentally different necessary for calculation of profitability type of management scheme and was changes that could result from the Classification examined in terms of the economic proposed measures were not available. By the terms of the Court order which impacts that would result under the two While profitability of small entities implemented the Settlement Agreement TAC options that were considered. could be affected, it was not possible to final rulemaking of this action is Option 1 would result in a total closure estimate such changes. Similarly, it was required to be made effective no later of GB, a significant portion of southern not possible to estimate the impacts of than August 1, 2002. This rule has been New England, and Long Island Sound to the proposed action on solvency of determined to be significant for all gear that is capable of catching small entities. Furthermore, because this purposes of Executive Order 12866. groundfish in any significant numbers. is only an interim action, analysis of NMFS prepared an Initial Regulatory Option 2 would result in approximately impacts on long-term profitability or Flexibility Analysis (IRFA) that a 35-percent reduction in the total solvency of small entities, even if the describes the economic impact this number of DAS used by all vessels in necessary data were available, would proposed rule, if adopted, would have 1999—a significant reduction in not be appropriate. NMFS does not have on small entities. A description of the effective effort across the entire the data to make a determination action, why it is being considered, and commercial fishery. regarding long-term profitability or the legal basis for this action are The proposed action (Preferred solvency at this time. Therefore, NMFS contained at the beginning of the Alternative) would have a nominal is requesting comments on this issue preamble and in the SUMMARY section effect on all NE multispecies permit during the comment period on this of the preamble and in the IRFA. A holders (1,442 limited access, 1,812 proposed interim rule. Long-term summary of the analysis follows. open access hand gear, and 610 open impacts will be analyzed in association The analysis considered three access party/charter), all of which may with Amendment 13 to the FMP, which alternatives: The Preferred Alternative, be considered small entities according will replace this interim action. the No Action Alternative, and a Hard to the Small Business Administration TAC Alternative. Analysis of the standards for commercial fishing For some vessel owners, the new DAS Preferred Alternative examined the vessels. The number of actual restrictions will not allow them to fish impacts on industry that would result participants in the NE multispecies the number of days that they would from the Settlement Agreement. fishery is less than the total number of need to cover their fixed costs. Based on Analysis of the No Action alternative those eligible to participate in the a break-even analysis, the number of examined the impacts on industry that fishery (i.e., not every vessel holding a such vessels could be as high as 213 would result from leaving all current permit for the fishery actually fishes in vessels (22 percent). This estimate, management measures in place and a given year); the number of however, is probably an overestimation, allowing fishing inside the WGOM Area participating vessels that may actually due to limitations in the data. It is likely Closure. Analysis of the hard TAC be affected by any one or more of the that the number of vessels that could alternative examined the impacts to the regulatory measures is estimated to be not break even is substantially less than industry under two different options for 37 percent of the permit holders. 213. how TACs would be implemented: The Preferred Alternative measures The proposed reduction in the trip Option 1 was based on achieving a zero would result in an aggregate reduction limit for the open access hand gear fishing mortality rate for all stocks that in total groundfish income of 4.2 permit category would affect about one would have a zero management TAC percent. On an individual vessel basis, half of the 172 permit holders that under Amendment 9 to the FMP; Option about 25 percent (approximately 250) of reported fishing activity. The average 2 assumed that, rather than reducing the participating limited access vessels loss was estimated to be $33,700 per fishing mortality to absolute zero for would experience at least a 5-percent vessel. The impact of the front-loading those stocks with a management TAC of loss in gross annual fishing revenues prohibition was estimated based on zero under Amendment 9, management (relative to the No Action Alternative). landings associated with front-loading measures would reduce the fishing Ten percent of the participating limited trips. The prohibition would decrease mortality on those stocks to as close to access vessels would experience at least income by approximately $911 to zero as possible. The economic impacts a 16-percent loss in gross annual fishing $1,450 per trip. The following table of the first two alternatives were revenues. In contrast, fishing revenues summarizes the estimated cost to analyzed and described according to the would increase for approximately 25 replace trawl codends and gillnet gear type of management measure as follows: percent of the vessels due to that would result from the proposed (a) Commercial measures that were modifications in the area closures and changes in mesh size requirements.
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TABLE 3.—ECONOMIC IMPACT OF MESH SIZE INCREASE—(GEAR REPLACEMENT)
Number of Ves- Average Gear sels vessel analyzed cost
Trawl (replace cod end) ...... 424 (GOM or GB) $1,250 211 SNE Day Gillnet in GOM (tie-down nets) ...... 18 7,794 Day Gillnet in GOM (stand-up nets) ...... 31 9,300 Trip Gillnet in GOM ...... 25 18,352 Gillnets in GB or SNA ...... 32 8,800
The proposed measures (for GOM at sometime during the fishing year. This proposed interim rule includes cod) affecting charter/party vessels may Many small entities might either go out new collection-of-information result in a loss of revenue due to of business or would have to relocate. requirements and references to decreased passenger demand. Based on To the extent that participants in the previously-approved requirements historic cod landings, the majority of industry could do so, many would be subject to the Paperwork Reduction Act economic impacts will likely be borne expected to shift effort into other (PRA). The following collection-of- by the 20–25 charter/party operators fisheries for which they have permits or information requirements have been that catch 80 percent of the could acquire permits for, or that are previously approved by OMB under recreationally harvested GOM cod. open access, and/or would shift fishing control number 0649–0202. The Although there may be alternative sets effort northward, to the GOM, or to estimated times per response for these of management measures to those south of GB. Fisheries that do not use collections are as follows: 30 minutes contained in this proposed rule that gear capable of catching groundfish, for a new vessel permit application; 15 would accomplish the objectives, this such as purse seines, traps, and mid- minutes for a renewal application for a proposed rule represents the measures water trawls, would be unaffected by vessel permit; 5 minutes for a gillnet agreed to in the Settlement Agreement the restrictions, but could experience annual declaration and request for tags; that was negotiated by numerous increases in effort displaced from the 1 minute for attaching a gillnet tag; 2 interested parties. groundfish, monkfish, scallop, and other minutes to report lost and/or ask for Relative to the Preferred Alternative, fisheries that would be restricted under replacement of lost gillnet tags; 2 the No Action Alternative would Option 1. The primary impact on the minutes for a DAS notification; 2 mitigate most of the adverse economic recreational fishery would be the minutes for a transit report for a vessel impacts associated with the Preferred prohibition on retention of GB cod. In that has exceeded the cod landing limit; Alternative. In general, gross fishing any event, neither the No Action and 5 minutes to request an LOA for incomes would increase, particularly for Alternative nor the Hard TAC either the Cultivator shoals, Nantucket vessels operating in the GOM and Alternative could be implemented shoals dogfish, Nantucket lightship, would have particularly beneficial because they were not agreed to in the SNE little tunny gillnet, small-mesh impacts on small vessels and gillnet Settlement Agreement ordered to be northern shrimp fishery, mid-Atlantic, vessels in general. However, the No implemented by the Court. Rolling Closure Area charter/party boat, Action alternative also would result in The compliance requirements and GOM charter/party boat exemption unacceptably high increases in fishing associated with the proposed measures programs. Requests for an LOA for the mortality rates that could compromise are the two yellowtail exemption whiting raised footrope trawl exempted the rebuilding of several GOM stocks, programs described previously in this fishery have been approved under OMB GOM cod in particular. For this reason, document, and the used DAS baseline control number 0648–0422, with an the No Action alternative would not appeal procedure, if applicable. estimated response time of 2 minutes. meet the regulatory objectives of this action. This proposed action does not This action contains two new Relative to the Preferred Alternative, duplicate other Federal rules and takes collection-of-information requirements the Hard TAC Alternative would impact into consideration the monkfish that have been submitted to OMB for more significantly the NE multispecies regulations under § 648.92 in order to be approval. A response time of 2 minutes fishery because of the severe consistent with the objectives of the has been estimated for requests for entry consequences of closing down fisheries Monkfish Fishery Management Plan. onto one of two exemption programs for when a TAC is reached. The economic Because the terms of the Settlement vessel owners choosing to fish for and social impacts of either option Agreement accepted by the Court yellowtail flounder in the SNE, GB/ considered under this alternative would require a final rule to be made effective GOM RMAs. A response time of 2 hours be very severe, if not irreparable. Option no later than August 1, 2002, the has been estimated for appeals of used 1 would severely impact (essentially do opportunity for public comment on this baseline DAS determinations. away with) the NE multispecies fishery proposed rule is abbreviated to 15 days. The aforementioned response on GB and southern New England in the A longer comment period would likely estimates include the time for reviewing near term, and would largely prohibit prevent NMFS from meeting the August instructions, searching existing data the monkfish, sea scallop, and spiny 1, 2002, deadline. In addition, the sources, gathering and maintaining the dogfish fisheries from operating in that proposed measures were developed in data needed, and completing and area, as well. Option 2 would prohibit cooperation with and after input from reviewing the collections of hook and roundfish gillnet gear from GB one of the conservation group plaintiffs information. Send comments regarding and allow some low level of trawl and all of the intervenors who represent these burden estimates, or any other fishing, but with a bycatch trigger for GB four New England States and a sizable aspect of the data requirements, cod that would likely close the fishery portion of the fishing industry. including suggestions for reducing the
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burden, to NMFS and OMB (see dock or mooring in port from which that vessels fishing for NE multispecies with ADDRESSSES). vessel departs to engage in fishing, gillnet gear, with the exception of Notwithstanding any other provision including the transport of fish to vessels fishing under the Small Vessel of the law, no person is required to another port. With respect to the call-in permit category, an annual declaration respond to, and no person shall be notification system for monkfish vessels as either a Day or Trip gillnet vessel subject to penalty for failure to comply that are fishing under the limited access designation as described in § 648.82(k). with, a collection of information subject monkfish Category A or B permit A vessel owner electing a Day or Trip to the requirements of the PRA, unless provisions, it means prior to the last gillnet designation must indicate the that collection of information displays a dock or mooring in port from which a number of gillnet tags that he/she is currently valid OMB control number. vessel departs to engage in fishing, requesting and must include a check for NMFS prepared a draft Environmental including the transport of fish to the cost of the tags. A permit holder Assessment (EA) for this interim action. another port. letter will be sent to the owner of each A copy of the EA is available from Private recreational fishing vessel, eligible gillnet vessel informing him/her NMFS (see ADDRESSES). with respect to the NE multispecies of the costs associated with this tagging fishery, means a vessel engaged in List of Subjects in 50 CFR Part 648 requirement and directions for obtaining recreational fishing that has not been tags. Once a vessel owner has elected Fisheries, Fishing, Reporting and issued a Federal NE multispecies this designation, he/she may not change recordkeeping requirements. permit, does not sell fish, and does not the designation or fish under the other Dated: June 24, 2002. take passengers for hire. gillnet category for the remainder of the William T. Hogarth, * * * * * fishing year, unless otherwise allowed Assistant Administrator for Fisheries, Used DAS baseline, with respect to in this paragraph. For the 2002 fishing National Marine Fisheries Service. the NE multispecies fishery, means the year, vessels electing a Day or Trip gillnet designation will be allowed to For the reasons stated in the number of DAS that represent the change their designation prior to preamble, 50 CFR part 648 is proposed historic level of DAS use associated September 1, 2002, and will be allowed to be amended as follows: 1 with a particular limited access permit, as described in § 648.82(l). to fish under this new designation PART 648—FISHERIES OF THE * * * * * during the period September 1, 2002, NORTHEASTERN UNITED STATES 3. In § 648.4, paragraphs (a)(1)(i)(I)(2) through April 30, 2003. Incomplete and (c)(2)(iii) are revised to read as applications, as described in paragraph 1. The authority citation for part 648 follows: (e) of this section, will be considered continues to read as follows: incomplete for the purpose of obtaining Authority: 16 U.S.C. 1801 et seq. § 648.4 Vessel permits. authorization to fish in the NE multispecies gillnet fishery and will be 2. In § 648.2, the definitions of ‘‘Non- * * * * * processed without a gillnet exempt species’’, and ‘‘Prior to leaving (a) * * * authorization. port’’ are revised, and new definitions (1) * * * for ‘‘De-hooker’’, ‘‘Private recreational (i) * * * * * * * * (I) * * * fishing vessel’’, and ‘‘Used DAS 4. In § 648.10, paragraph (c)(1) is (2) The owner of a vessel issued a baseline’’ are added in alphabetical revised to read as follows: limited access multispecies permit may order, to read as follows: request a change in permit category, § 648.10 DAS notification requirements. § 648.2 Definitions. unless otherwise restricted by paragraph * * * * * (a)(1)(i)(I)(1) of this section. The owner * * * * * (c) * * * De-hooker, with respect to the NE of a limited access multispecies vessel multispecies hook gear fishery, means eligible to request a change in permit (1) Less than 1 hour prior to leaving the fairlead rollers when used in a category must elect a category upon the port, for vessels issued a limited access manner that extracts fish hooks from vessel’s permit application and will NE multispecies permit or, for vessels caught fish, also known as ‘‘crucifiers.’’ have one opportunity to request a issued a limited access NE multispecies change in permit category by submitting permit and a limited access monkfish * * * * * Category C or D permit, and, prior to Non-exempt species means species of an application to the Regional leaving port for vessels issued a limited fish not included under the GOM, GB Administrator within 45 days of the access monkfish Category A or B permit, and SNE Regulated Mesh Area effective date of the vessel’s permit, the vessel owner or authorized exempted fisheries, as specified in unless otherwise allowed under representative must notify the Regional § 648.80(a)(5); (a)(6); (a)(9) through (14); § 648.82(b). If such a request is not Administrator that the vessel will be (b)(3)(i) and (ii); (b)(5) through (8); and received within 45 days, the vessel participating in the DAS program by (d), (e), (h), and (i). owner may not request a change in permit category and the vessel permit calling the Regional Administrator and * * * * * category will remain unchanged for the providing the following information: Prior to leaving port, with respect to duration of the fishing year. A vessel Owner and caller name and phone the call-in notification system for NE may not fish in more than one number, vessel’s name and permit multispecies, and the call-in notification multispecies permit category during a number, type of trip to be taken, port of system for monkfish vessels that are fishing year, unless otherwise allowed departure, and that the vessel is fishing under the limited access under § 648.82(b). beginning a trip. A DAS begins once the monkfish Category C or D permit * * * * * call has been received and a provisions, means no more than 1 hour confirmation number is given by the prior to the time a vessel leaves the last (c) * * * (2) * * * Regional Administrator, or when a vessel leaves port, whichever occurs 1 The amendments to 50 CFR part 648 published (iii) An application for a limited at 67 FR 21140 (April 29, 2002) are effective access multispecies permit must also first. through July 31, 2002. contain the following information: For * * * * *
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5. In § 648.14, paragraphs (a)(35), compliance with the requirements (b) * * * (a)(42), (a)(43), (a)(45), (a)(47), (a)(52), specified in § 648.80(d) or (e), or unless (2) If the vessel has been issued a (a)(102), (a)(112), (a)(116), (b)(2), (c)(7), the vessel has not been issued a charter/party permit or is fishing under (c)(8), (c)(13) through (15), (c)(23), multispecies permit and fishes for NE charter/party regulations, fail to comply (c)(26), (c)(29), (c)(31), and (z)(2)(i) are multispecies exclusively in state waters, with the requirements specified in revised, paragraphs (a)(123) through or unless otherwise specified in § 648.81(g)(2)(iii) when fishing in the (126), (b)(3) through (5), and (c)(32), § 648.17. areas described in § 648.81(g)(1) through (c)(33) and (c)(34) are added, and * * * * * (i)(1), during the time periods specified paragraph (c)(20) is removed and (52) Enter, be on a fishing vessel in, in those sections. reserved, to read as follows: or fail to remove gear from, the EEZ (3) Possess in, or harvest from the EEZ ° ′ portion of the areas described in southward of 40 00 N. lat., any § 648.14 Prohibitions. § 648.81(g)(1) through (i)(1), and (n)(1), yellowtail flounder unless fishing under (a) * * * except as provided in § 648.81(d), (g)(2), recreational or charter/party regulations, (35) Fish with, use, or have on board, (h)(2), (i)(2), and (n)(2). or transiting in accordance with within the areas described in § 648.23(b). * * * * * (4) Possess in, or harvest from the EEZ § 648.80(a)(1) and (2), nets with mesh (102) Enter or fish in the Gulf of in the Southern New England Regulated size smaller than the minimum mesh Maine, Georges Bank, and Southern Mesh Area northward of 40°00′ size specified in § 648.80(a)(3) and (4), New England Regulated Mesh Areas, yellowtail flounder in excess of the except as provided in § 648.80(a)(5) except as provided in §§ 648.80(a)(3)(vi) through (8), (a)(9), (a)(10), (a)(15), (d), seasonal possession or trip limits under and (b)(2)(vi), and for purposes of § 648.86(h)(2). (e), and (i), unless the vessel has not transiting, provided that all gear (other been issued a NE multispecies permit (5) Fail to comply with the than exempted gear) is stowed in restrictions described in § 648.86(h)(1), and fishes for NE multispecies accordance with § 648.23(b). exclusively in state waters, or unless if fishing for, possessing or landing otherwise specified in § 648.17. * * * * * yellowtail flounder in the SNE (112) Fish for, harvest, possess, or Regulated Mesh Area north of 40°0′ N. * * * * * land in or from the EEZ, when fishing (42) Fish within the areas described in lat. with trawl gear, any of the exempted (c) * * * § 648.80(a)(6) with nets of mesh smaller species specified in § 648.80(a)(9)(i), (7) Possess or land per trip more than than the minimum size specified in unless such species were fished for or the possession or landing limits § 648.80(a)(3) or (4). harvested by a vessel meeting the specified under § 648.86(a), (b), (c), (d), (43) Violate any of the provisions of requirements specified in (e), and (h), and under § 648.82(b)(3), if § 648.80, including paragraphs (a)(5), § 648.80(a)(5)(ii) or (a)(9)(ii). the vessel has been issued a limited the small-mesh northern shrimp fishery access multispecies permit. exemption area; (a)(6), the Cultivator * * * * * (116) Fish for, harvest, possess, or (8) Fail to comply with the Shoal whiting fishery exemption area; land any species of fish in or from the restrictions on fishing and gear specified (a)(9), Small-mesh Area 1/Small-mesh GOM/GB Inshore Restricted Roller Gear in § 648.80(a)(3)(v), (a)(4)(v), and Area 2; (a)(10), the Nantucket Shoals Area described in § 648.80(a)(3)(v) with (b)(2)(v), if the vessel has been issued a dogfish fishery exemption area; (a)(12), trawl gear where the diameter of any limited access multispecies hook-gear the Nantucket Shoals mussel and sea part of the trawl footrope, including permit and fishes in areas specified urchin dredge exemption area; (a)(13), discs, rollers or rockhoppers, is greater under § 648.80(a), and (b). the GOM/GB monkfish gillnet than 12 inches (30.48 cm). * * * * * exemption area; (a)(14), the GOM/GB (13) If the vessel has been issued a dogfish gillnet exemption area; (a)(15), * * * * * (123) Fish for, land, or possess NE Day gillnet category designation, fail to the Raised Footrope Trawl Exempted remove gillnet gear from the water as Whiting Fishery; (b)(3), exemptions multispecies harvested with the use of de-hookers (‘‘crucifiers’’) with less than described in § 648.82(g) and (small mesh); (b)(5), the SNE monkfish § 648.82(k)(1)(iv) and (5). and skate trawl exemption area; (b)(6), 6-inch (15.2-cm) spacing between the fairlead rollers unless the vessel has not (14) Fail to comply with the tagging the SNE monkfish and skate gillnet requirements for a day gillnet vessel as exemption area; (b)(7), the SNE dogfish been issued a multispecies permit and fishes for NE multispecies exclusively described in § 648.82(k)(1)(ii), or fail to gillnet exemption area; (b)(8), the SNE produce or, cause to be produced, mussel and sea urchin dredge in state waters. (124) Possess or use de-hookers gillnet tags when requested by an exemption area; or (b)(9), the SNE little (‘‘crucifiers’’) with less than 6-inch authorized officer. tunny gillnet exemption area. Each (15.2-cm) spacing between the fairlead (15) Produce, or cause to be produced, violation of any provision in § 648.80 rollers while in possession of NE gillnet tags under § 648.82(k)(1) or (2), constitutes a separate violation. multispecies, unless the vessel has not without the written confirmation from * * * * * been issued a multispecies permit and the Regional Administrator described in (45) Fish for, harvest, possess, or land fishes for NE multispecies exclusively § 648.82(k)(1)(ii) or (2)(ii). in or from the EEZ northern shrimp, in state waters. * * * * * unless such shrimp were fished for or (125) For vessels issued a limited (23) Fail to enter port and call-out of harvested by a vessel meeting the access NE multispecies permit, or those the DAS program no later than 14 DAS requirements specified in § 648.80(a)(5). issued a limited access NE multispecies after starting a multispecies DAS trip * * * * * permit and a limited access monkfish (i.e., the time a vessel leaves port or (47) Fish for the species specified in Category C or D permit, call into the when the vessel received a DAS § 648.80(d) or (e) with a net of mesh size DAS program prior to 1 hour before authorization number, whichever comes smaller than the applicable mesh size leaving port. first), as specified in § 648.10(f)(3), specified in § 648.80(a)(2) or (3), (b)(2), (126) Call in DAS in excess of that unless otherwise specified in or (c)(2), or possess or land such allocated under the methods described § 648.86(b)(1)(ii) or (2)(ii). species, unless the vessel is in in § 648.82(l). * * * * *
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(26) Enter port, while on a transiting purposes, provided the vessel Point N. Lat. W. Long. multispecies DAS trip, in possession of complies with § 648.86(b)(3). more than the allowable limit of cod (z) * * * G2 ...... 43°58′ 67°22′ specified in § 648.86(b)(2)(ii). Under no (2) * * * G3 ...... 42°53.1′ 67°44.4′ ° ′ ° ′ circumstances may such trip exceed 14 (i) Fish with, use or have available for G4 ...... 42 31 67 28.1 ° ′ 2 ° ′ days in length. immediate use within the areas CII3 ...... 42 22 67 20 * * * * * described in §§ 648.80(a), (b), and (c), 1 The intersection of the shoreline and the (29) Enter, be on a fishing vessel in, nets of mesh size smaller than 3-in U.S.-Canada Maritime Boundary. 2 or fail to remove gear from, the areas (7.62-cm), unless otherwise exempted The U.S.-Canada Maritime Boundary. described in § 648.81(g)(1) through pursuant to § 648.80(a)(8). (ii) Bounded on the south by straight (i)(1), during the time periods specified, * * * * * lines connecting the following points in except as provided in § 648.81(d), (g)(2), 6. In § 648.80, paragraphs (a), (b), the order stated: (h)(2) and (i)(2). (c)(1), (c)(2)(ii), (d)(2), (e)(2), (h)(1), and * * * * * (i)(8) are revised, and paragraphs Point N. Lat. W. Long. (31) If the vessel has been issued a (c)(2)(iv) and (c)(5) are added to read as follows: CII3 ...... 42°22′ 2 67°20′ Charter/Party permit or is fishing under G6 ...... 42°20′ 67°20′ charter/party regulations, fail to comply § 648.80 Multispecies regulated mesh G7 ...... 42°20′ 69°30′ with the requirements specified in areas and restrictions on gear and methods G8 ...... 42°00′ 69°30′ § 648.81(g)(2)(iii) when fishing in the of fishing. G9 ...... 42°00′ (1) areas described in § 648.81(g)(1) through * * * * * 1 The intersection of the Cape Cod, MA, (i)(1) during the time periods specified (a) Gulf of Maine (GOM) and Georges coastline and 42°00′ N. lat. in those sections. Bank (GB) Regulated Mesh Areas—(1) 2 The U.S.-Canada Maritime Boundary. (32) In the vessel has been fishing GOM Regulated Mesh Area. The GOM (2) GB Regulated Mesh Area. The GB with gillnets under either the day or trip Regulated Mesh Area (copies of a map Regulated Mesh Area (copies of a map category, fail to remove the nets from depicting the area are available from the depicting the area are available from the the water as described under Regional Administrator upon request) is Regional Administrator upon request) is § 648.82(k)(3). that area: that area: (33) If the vessel has been issued a (i) Bounded on the east by the U.S.- limited access Trip gillnet category Canada maritime boundary defined by (i) Bounded on the north by the designation, fail to comply with the straight lines connecting the following southern boundary of the GOM restrictions and requirements specified points in the order stated: Regulated Mesh Area as defined in in § 648.82(k)(2). paragraph (a)(1)(ii) of this section; (34) Fail to remain in port for the Point N. Lat. W. Long. (ii) Bounded on the east by straight appropriate time specified in lines connecting the following points in § 648.86(b)(2)(ii)(A), except for G1 ...... (1) (1) the order stated:
Point N. Lat. W. Long. Approximate loran C bearings
CII3 ...... 42°22′ 67°20′ (The U.S.-Canada Maritime Boundary) SNE1 ...... 40°24′ 65°43′ (The U.S.-Canada Maritime Boundary as it intersects with the EEZ).
(iii) Bounded on the west by straight (15.2-cm) diamond mesh or 6.5-inch codend is defined as the first 25 meshes lines connecting the following points in (16.5-cm) square mesh, applied counting from the terminus of the net, the order stated: throughout the body and extension of and a square mesh codend is defined as the net, or any combination thereof, and the first 50 bars counting from the Point N. Lat. W. Long. 6.5-inch (16.5-cm) diamond mesh or terminus of the net. square mesh applied to the codend of G12 ...... (1) 70°00′ (ii) Vessels using Scottish seine, ° ′ ° ′ the net as defined in paragraphs midwater trawl, and purse seine. Except G11 ...... 40 50 70 00 (a)(3)(i)(A) and (B) of this section, NL1 ...... 40°50′ 69°40′ as provided in paragraphs (a)(3)(ii) and provided the vessel complies with the NL2 ...... 40°18.7′ 69°00′ (vi) of this section, and unless otherwise NL3 ...... 40°22.7′ 69°00′ requirements of paragraph (a)(3)(vii) of restricted under paragraph (a)(3)(iii) of (2) 69°00′ this section. This restriction does not this section, the minimum mesh size for apply to nets or pieces of nets smaller any Scottish seine, midwater trawl, or 1 South facing shoreline of Cape Cod. than 3 ft (0.9 m) × 3 ft (0.9 m), (9 sq ft 2 Southward to its intersection with the EEZ. purse seine, on a vessel or used by a (0.81 sq m)), or to vessels that have not vessel fishing under a DAS in the NE (3) GOM Regulated Mesh Area been issued a NE multispecies permit multispecies DAS program in the GOM minimum mesh size and gear and that are fishing exclusively in state Regulated Mesh Area is 6-inch (15.2-cm) restrictions—(i) Vessels using trawls. waters. diamond mesh or 6.5-inch (16.5-cm) Except as provided in paragraphs (A) For vessels greater than 45 ft (13.7 square mesh applied throughout the net, (a)(3)(i) and (vi) of this section, and m) in length overall, a diamond mesh or any combination thereof, provided unless otherwise restricted under codend is defined as the first 50 meshes the vessel complies with the paragraph (a)(3)(iii) of this section, the counting from the terminus of the net, requirements of paragraph (a)(3)(vii) of minimum mesh size for any trawl net, and a square mesh codend is defined as this section. This restriction does not except midwater trawl, on a vessel or the first 100 bars counting from the apply to nets or pieces of nets smaller used by a vessel fishing under a DAS in terminus of the net. than 3 ft (0.9 m) × 3 ft (0.9 m), (9 sq ft the NE multispecies DAS program in the (B) For vessels 45 ft (13.7 m) or less (0.81 sq m)), or to vessels that have not GOM Regulated Mesh Area is 6-inch in length overall, a diamond mesh been issued a NE multispecies permit
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and that are fishing exclusively in state gear on board the vessel and are 2 Cape Cod shoreline on Cape Cod Bay. waters. prohibited from fishing, setting, or 3 Cape Cod shoreline on the Atlantic Ocean. 4 Maine shoreline. (iii) Large-mesh vessels. When fishing hauling back, per day, or possessing on in the GOM Regulated Mesh Area, the board the vessel, more than 2,000 rigged (4) GB Regulated Mesh Area gear minimum mesh size for any trawl net hooks. All hooks must be circle hooks, restrictions.—(i) Vessels using trawls. vessel, or sink gillnet, on a vessel or of a minimum size of 12/0. An unbaited Except as provided in paragraphs used by a vessel fishing under a DAS in hook and gangion that has not been (a)(3)(vi) and (a)(4)(i) of this section, and the Large-mesh DAS program, specified secured to the ground line of the trawl unless otherwise restricted under in § 648.82(b)(6) and (7), is 8.5-inch on board a vessel is deemed to be a paragraph (a)(4)(iii) of this section, the (21.6-cm) diamond or square mesh replacement hook and is not counted minimum mesh size for any trawl net, throughout the entire net. This toward the 2,000-hook limit. A ‘‘snap- except midwater trawl, and the restriction does not apply to nets or on’’ hook is deemed to be a replacement minimum mesh size for any trawl net pieces of nets smaller than 3 ft (0.9 m) hook if it is not rigged or baited. The use when fishing in that portion of the GB × 3 ft (0.9 m), (9 sq ft (0.81 sq m)), or of de-hookers (‘‘crucifiers’’) with less Regulated Mesh Area that lies within to vessels that have not been issued a than 6-inch (15.2-cm) spacing between the SNE Exemption Area, as described NE multispecies permit and that are the fairlead rollers is prohibited. in paragraph (b)(10) of this section, that fishing exclusively in state waters. (vi) Other restrictions and is not stowed and available for (iv) Gillnet vessels—(A) Trip gillnet exemptions. Vessels are prohibited from immediate use in accordance with vessels. Except as provided in fishing in the GOM or GB Exemption § 648.23(b), on a vessel or used by a paragraphs (a)(3)(iv) and (vi) of this Area as defined in paragraph (a)(16) of vessel fishing under a DAS in the NE section, and unless otherwise restricted this section, except if fishing with multispecies DAS program in the GB under paragraph (a)(3)(iii) of this exempted gear (as defined under this Regulated Mesh Area is 6-inch (15.2-cm) section, for vessels that obtain an annual part) or under the exemptions specified diamond mesh or 6.5-inch (16.5-cm) designation as a Trip gillnet vessel, the in paragraphs (a)(5) through (a)(7), (a)(9) square mesh applied throughout the minimum mesh size for any sink gillnet through (a)(14), (d), (e), (h), and (i) of body and extension of the net, or any when fishing under a DAS in the NE this section; or if fishing under a NE combination thereof, and 6.5-inch (16.5- multispecies DAS program in the GOM multispecies DAS; or if fishing under cm) diamond mesh or square mesh Regulated Mesh Area is 6.5 inches (16.5 the small vessel exemption specified in applied to the codend of the net as cm) throughout the entire net. This § 648.82(b)(3); or if fishing under the defined under paragraph 648.80(a)(3)(i) restriction does not apply to nets or scallop state waters exemptions of this section, provided the vessel pieces of nets smaller than 3 ft (0.9 m) specified in § 648.54 and paragraph complies with the requirements of × 3 ft (0.9 m), (9 sq ft (0.81 sq m)), or (a)(11) of this section; or if fishing under paragraph (a)(3)(vii) of this section. This to vessels that have not been issued a a scallop DAS in accordance with restriction does not apply to nets or NE multispecies permit and that are paragraph (h) of this section; or if pieces of nets smaller than 3 ft (0.9 m) fishing exclusively in state waters. fishing pursuant to a NE multispecies × (B) Day gillnet vessels. Except as 3 ft (0.9 m), (9 sq ft (0.81 sq m)), or open access Charter/Party or Handgear provided in paragraphs (a)(3)(iv) and to vessels that have not been issued a permit, or if fishing as a charter/party or (vi) of this section, and unless otherwise NE multispecies permit and that are private recreational vessel in restricted under paragraph (a)(3)(iii) of fishing exclusively in state waters. compliance with the regulations this section, for vessels that obtain an (ii) Vessels using Scottish seine, specified in § 648.89. Any gear on a annual designation as a Day gillnet midwater trawl, and purse seine. Except vessel, or used by a vessel, in this area vessel, the minimum mesh size for any as provided in paragraphs (a)(3)(vi) and must be authorized under one of these roundfish gillnet when fishing under a (a)(4)(ii) of this section, and unless DAS in the NE multispecies DAS exemptions or must be stowed as otherwise restricted under paragraph program in the GOM Regulated Mesh specified in § 648.23(b). (a)(4)(iii) of this section, the minimum (vii) Rockhopper and roller gear Area is 6.5 inches (16.5 cm) throughout mesh size for any Scottish seine, restrictions. For all trawl vessels fishing the entire net, and the minimum mesh midwater trawl, or purse seine, and the in the GOM/GB Inshore Restricted size for any flatfish (tie-down) gillnet minimum mesh size for any Scottish Roller Gear Area, the diameter of any when fishing under a DAS in the NE seine, midwater trawl, or purse seine, part of the trawl footrope, including multispecies DAS program in the GOM when fishing in that portion of the GB discs, rollers, or rockhoppers, must not Regulated Mesh Area is 7.0 inches (17.8 Regulated Mesh Area that lies within cm) throughout the entire net. No exceed 12 inches (30.48 cm). The GOM/ the SNE Exemption Area, as described roundfish nets may be fished or on GB Inshore Restricted Roller Gear Area in paragraph (b)(10) of this section, that board a vessel during the period March is defined by straight lines connecting is not stowed and available for through June in the GOM Regulated the following points in the order stated: immediate use in accordance with Mesh Area. This restriction does not § 648.23(b), on a vessel or used by a INSHORE RESTRICTED ROLLER GEAR apply to nets or pieces of nets smaller vessel fishing under a DAS in the NE than 3 ft (0.9 m) × 3 ft (0.9 m), (9 sq ft AREA multispecies DAS program in the GB (0.81 sq m)), or to vessels that have not Regulated Mesh Area is 6-inch (15.2-cm) Point N. Lat. W. Long. been issued a NE multispecies permit diamond mesh or 6.5-inch (16.5-cm) and that are fishing exclusively in state GM1 ...... 42°00′ (1) square mesh applied throughout the net, waters. GM2 ...... 42°00′ (2) or any combination thereof, provided (v) Hook-gear restrictions. Vessels GM3 ...... 42°00′ (3) the vessel complies with the fishing with a valid NE multispecies GM23 ...... 42°00′ 69°50′ requirements of paragraph (a)(3)(vii) of limited access Hook-gear permit and GM24 ...... 43°00′ 69°50′ this section. This restriction does not GM11 ...... 43°00′ 70°00′ fishing under a NE multispecies DAS in ° ′ ° ′ apply to nets or pieces of nets smaller the GOM Regulated Mesh Area, and GM17 ...... 43 30 70 00 than 3 ft (0.9 m) × 3 ft (0.9 m), (9 sq ft GM18 ...... 43°00′ (4) persons on such vessels, are prohibited (0.81 sq m)), or to vessels that have not from possessing gear other than hook 1 Massachusetts shoreline. been issued a NE multispecies permit
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and that are fishing exclusively in state than 6-inch (15.2-cm) spacing between offshore hake—up to 100 lb (45.4 kg); waters. the fairlead rollers is prohibited. and American lobster—up to 10 percent, (iii) Large-mesh vessels. When fishing (5) Small Mesh Northern Shrimp by weight, of all other species on board in the GB Regulated Mesh Area, the Fishery Exemption Area. Vessels subject or 200 lobsters, whichever is less, unless minimum mesh size for any trawl net to the minimum mesh size restrictions otherwise restricted by landing limits vessel, or sink gillnet, and the minimum specified in this paragraph (a) may fish specified in § 697.17 of this chapter. mesh size for any trawl net, or sink for, harvest, possess, or land northern (ii) Requirement to use a finfish gillnet, when fishing in that portion of shrimp in the Small Mesh Northern excluder device (FED). A vessel must the GB Regulated Mesh Area that lies Shrimp Fishery Exemption Area with have a rigid or semi-rigid grate within the SNE Exemption Area, as nets with a mesh size smaller than the consisting of parallel bars of not more described in paragraph (b)(10) of this minimum size specified, if the vessel than 1-inch (2.54-cm) spacing that section, that is not stowed and available complies with the requirements of excludes all fish and other objects, for immediate use in accordance with paragraphs (a)(5)(i) through (iii) of this except those that are small enough to § 648.23(b), on a vessel or used by a section. The Small Mesh Northern pass between its bars into the codend of vessel fishing under a DAS in the Large- Shrimp Fishery Exemption Area is the trawl, secured in the trawl, forward mesh DAS program, specified in defined by straight lines connecting the of the codend, in such a manner that it § 648.82(b)(6) and (7), is 8.5-inch (21.6- following points in the order stated precludes the passage of fish or other cm) diamond or square mesh (copies of a map depicting the area are objects into the codend without the fish throughout the entire net. This available from the Regional or objects having to first pass between restriction does not apply to nets or Administrator upon request): the bars of the grate, in any net with pieces of nets smaller than 3 ft (0.9 m) mesh smaller than the minimum size × 3 ft (0.9 m), (9 sq ft (0.81 sq m)), or SMALL MESH NORTHERN SHRIMP specified in paragraphs (a)(3) and (4) of to vessels that have not been issued a FISHERY EXEMPTION AREA this section. The net must have an outlet NE multispecies permit and that are or hole to allow fish or other objects that fishing exclusively in state waters. Point N. Lat. W. Long. are too large to pass between the bars of (iv) Gillnet vessels. Except as the grate to exit the net. The aftermost provided in paragraphs (a)(3)(vi) and SM1 ...... 41°35′ 70°00′ ° ′ ° ′ edge of this outlet or hole must be at (a)(4)(iv) of this section, the minimum SM2 ...... 41 35 69 40 SM3 ...... 42°49.5′ 69°40′ least as wide as the grate at the point of mesh size for any roundfish or flatfish SM4 ...... 43°12′ 69°00′ attachment. The outlet or hole must gillnet, and the minimum mesh size for SM5 ...... 43°41′ 68°00′ extend forward from the grate toward any roundfish or flatfish gillnet when G2 ...... 43°58′ 67°22′ the mouth of the net. A funnel of net fishing in that portion of the GB G1 ...... (1) (1) material is allowed in the lengthening Regulated Mesh Area that lies within 1 Northward along the irregular U.S.-Canada piece of the net forward of the grate to the SNE Exemption Area, as described maritime boundary to the shoreline. direct catch towards the grate. (Copies in paragraph (b)(10) of this section, that of a schematic example of a properly (i) Restrictions on fishing for, is not stowed and available for configured and installed FED are possessing, or landing fish other than immediate use in accordance with available from the Regional shrimp. (A) Through April 30, 2003, an § 648.23(b), when fishing under a DAS Administrator upon request.) owner or operator of a vessel fishing in in the NE multispecies DAS program in (iii) Time restrictions. A vessel may the northern shrimp fishery under the the GB Regulated Mesh Area is 6.5 only fish under this exemption during exemption described in this paragraph inches (16.5 cm) throughout the entire the northern shrimp season, as (a)(5) may not fish for, possess on board, net. This restriction does not apply to established by the Commission and or land any species of fish other than nets or pieces of nets smaller than 3 ft announced in the Commission’s letter to × shrimp, except for the following, with (0.9 m) 3 ft (0.9 m), (9 sq ft (0.81 sq participants. m)), or to vessels that have not been the restrictions noted, as allowable (6) Cultivator Shoal Whiting Fishery issued a NE multispecies permit and incidental species: Longhorn sculpin; Exemption Area. Vessels subject to the that are fishing exclusively in state combined silver hake and offshore minimum mesh size restrictions waters. hake—up to an amount equal to the specified in paragraphs (a)(3) and (4) of (v) Hook-gear restrictions. Vessels total weight of shrimp possessed on this section may fish with, use, or fishing with a valid NE multispecies board or landed, not to exceed 3,500 lb possess nets in the Cultivator Shoal limited access Hook-gear permit and (1,588 kg); and American lobster—up to Whiting Fishery Exemption Area with a fishing under a NE multispecies DAS in 10 percent, by weight, of all other mesh size smaller than the minimum the GB Regulated Mesh Area, and species on board or 200 lobsters, size specified, if the vessel complies persons on such vessels, are prohibited whichever is less, unless otherwise with the requirements specified in from possessing gear other than hook restricted by landing limits specified in paragraph (a)(6)(i) of this section. The gear on board the vessel and prohibited § 697.17 of this chapter. Silver hake and Cultivator Shoal Whiting Fishery from fishing, setting, or hauling back, offshore hake on board a vessel subject Exemption Area (copies of a map per day, or possessing on board the to this possession limit must be depicting the area are available from the vessel, more than 3,600 rigged hooks. separated from other species of fish and Regional Administrator upon request) is All hooks must be circle hooks, of a stored so as to be readily available for defined by straight lines connecting the minimum size of 12/0. An unbaited inspection. following points in the order stated: hook and gangion that has not been (B) Beginning May 1, 2003, an owner secured to the ground line of the trawl or operator of a vessel fishing for CULTIVATOR SHOAL WHITING FISHERY on board a vessel is deemed to be a northern shrimp may not fish for, EXEMPTION AREA replacement hook and is not counted possess on board, or land any species of toward the 3,600-hook limit. A ‘‘snap- fish other than shrimp, except for the Point N. Lat. W. Long. on’’ hook is deemed to be a replacement following, with the restrictions noted, as hook if it is not rigged or baited. The use allowable incidental species: Longhorn C1 ...... 42°10′ 68°10′ of de-hookers (‘‘crucifiers’’) with less sculpin; combined silver hake and C2 ...... 41°30′ 68°41′
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CULTIVATOR SHOAL WHITING FISHERY Areas specified under paragraphs (a)(1) smaller than the minimum mesh size EXEMPTION AREA—Continued and (2) of this section, any nets with a specified and with small mesh mesh size smaller than the minimum exempted species on board, provided Point N. Lat. W. Long. mesh specified in paragraphs (a)(3) or that the following conditions are met: (4) of this section must be stowed in (A) All nets with a mesh size smaller CI4 ...... 41°30′ 68°30′ accordance with one of the methods than the minimum mesh size specified C3 ...... 41°12.8′ 68°30′ specified in § 648.23(b), unless the in paragraphs (a)(3) or (4) of this section C4 ...... 41°05′ 68°20′ are stowed in accordance with one of ° ′ ° ′ vessel is fishing for small-mesh C5 ...... 41 55 67 40 multispecies under another exempted the methods specified in § 648.23(b). C1 ...... 42°10′ 68°10′ fishery specified in this paragraph (a). (B) A letter of authorization issued by (G) A vessel fishing in the Cultivator the Regional Administrator is on board. (i) Requirements. (A) A vessel fishing Shoal Whiting Fishery Exemption Area (C) Vessels do not fish for, possess on in the Cultivator Shoal Whiting Fishery may fish for small-mesh multispecies in board, or land any fish, except when Exemption Area under this exemption exempted fisheries outside of the fishing in the areas specified in must have on board a valid letter of Cultivator Shoal Whiting Fishery paragraphs (a)(6), (a)(10), (a)(15), (b), authorization issued by the Regional Exemption Area, provided that the and (c) of this section. Vessels may Administrator. vessel complies with the requirements retain exempted small-mesh species as (B) Through April 30, 2003, an owner specified in this paragraph (a)(6)(i) for provided in paragraphs (a)(6)(i), or operator of a vessel fishing in this the entire trip. (a)(10)(i), (a)(15)(i), (b)(3), and (c)(3) of area may not fish for, possess on board, (ii) Sea sampling. The Regional this section. or land any species of fish other than Administrator shall conduct periodic (8) Addition or deletion of whiting and offshore hake combined— sea sampling to determine if there is a exemptions—(i) Species-(A) Regulated up to a maximum of 30,000 lb (13,608 need to change the area or season multispecies. An exemption may be kg), except for the following, with the designation, and to evaluate the bycatch added in an existing fishery for which restrictions noted, as allowable of regulated species, especially there are sufficient data or information incidental species: Herring; longhorn haddock. to ascertain the amount of regulated sculpin; squid; butterfish; Atlantic (iii) Annual review. The NEFMC shall species bycatch, if the Regional mackerel; dogfish, and red hake—up to conduct an annual review of data to Administrator, after consultation with 10 percent each, by weight, of all other determine if there are any changes in the NEFMC, determines that the species on board; monkfish and area or season designation necessary, percentage of regulated species caught monkfish parts—up to 10 percent, by and to make appropriate as bycatch is, or can be reduced to, less weight, of all other species on board or recommendations to the Regional than 5 percent, by weight, of total catch up to 50 lb (23 kg) tail-weight/166 lb (75 Administrator following the procedures and that such exemption will not kg) whole-weight of monkfish per trip, specified in § 648.90. jeopardize fishing mortality objectives. as specified in § 648.94(c)(4), whichever (7) Transiting. (i) Vessels fishing in In determining whether exempting a is less; and American lobster—up to 10 the Small Mesh Northern Shrimp fishery may jeopardize meeting fishing percent, by weight, of all other species Fishery or the Small Mesh Area 1/Small mortality objectives, the Regional on board or 200 lobsters, whichever is Mesh Area 2 fishery, as specified in Administrator may take into less, unless otherwise restricted by paragraphs (a)(5) and (9) of this section, consideration various factors including, landing limits specified in § 697.17 of may transit through the Small Mesh but not limited to, juvenile mortality. A this chapter. Northern Shrimp Fishery Exemption fishery can be defined, restricted, or (C) Beginning May 1, 2003, an owner Area as specified in paragraph (a)(5) of allowed by area, gear, season, or other or operator of a vessel fishing in this this section with nets of mesh size means determined to be appropriate to area is subject to the mesh size smaller than the minimum mesh size reduce bycatch of regulated species. An restrictions specified in paragraph specified in paragraphs (a)(3) or (4) of existing exemption may be deleted or (a)(6)(i)(D) of this section and may not this section, provided that the nets are modified if the Regional Administrator fish for, possess on board, or land any stowed and not available for immediate determines that the catch of regulated species of fish other than whiting and use in accordance with one of the species is equal to or greater than 5 offshore hake combined—up to a methods specified in § 648.23(b). percent, by weight, of total catch, or that maximum of 10,000 lb (4,536 kg), except (ii) Vessels subject to the minimum continuing the exemption may for the allowable incidental species mesh size restrictions specified in jeopardize meeting fishing mortality listed in paragraph (a)(6)(i)(B) of this paragraphs (a)(3) or (4) of this section objectives. Notification of additions, section. may transit through the Small Mesh deletions or modifications will be made (D) Counting from the terminus of the Northern Shrimp Fishery Exemption through issuance of a rule in the Federal net, all nets must have a minimum mesh Area defined in paragraph (a)(5) of this Register. size of 3-inch (7.6-cm) square or section with nets on board with a mesh (B) Small-mesh multispecies. diamond mesh applied to the first 100 size smaller than the minimum size Beginning May 1, 2003, an exemption meshes (200 bars in the case of square specified, provided that the nets are may be added in an existing fishery for mesh) for vessels greater than 60 ft stowed in accordance with one of the which there are sufficient data or (18.28 m) in length applied to and the methods specified in § 648.23(b), and information to ascertain the amount of first 50 meshes (100 bars in the case of provided the vessel has no fish on small-mesh multispecies bycatch, if the square mesh) for vessels less than or board. Regional Administrator, after equal to 60 ft (18.3 m) in length. (iii) Vessels subject to the minimum consultation with the NEFMC, (E) Fishing is confined to a season of mesh size restrictions specified in determines that the percentage of small- June 15 through September 30, unless paragraphs (a)(3) or (4) of this section mesh multispecies caught as bycatch is, otherwise specified by notification in may transit through the GOM and GB or can be reduced to, less than 10 the Federal Register. Regulated Mesh Areas defined in percent, by weight, of total catch and (F) When a vessel is transiting paragraphs (a)(1) and (2) of this section that such exemption will not jeopardize through the GOM or GB Regulated Mesh with nets on board with a mesh size fishing mortality objectives. In
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determining whether exempting a specified in paragraphs (a)(3) or (4) of (C) Small-mesh areas 1 and 2 are fishery may jeopardize meeting fishing this section may fish with or possess defined by straight lines connecting the mortality objectives, the Regional nets with a mesh size smaller than the following points in the order stated Administrator may take into minimum size, provided the vessel (copies of a chart depicting these areas consideration various factors including, complies with the requirements of are available from the Regional but not limited to, juvenile mortality. A paragraphs (a)(5)(ii) or (a)(9)(ii) of this Administrator upon request (see Table 1 fishery can be defined, restricted, or section, and § 648.86(d), from July 15 to § 600.502 of this chapter)): allowed by area, gear, season, or other through November 15, when fishing in means determined to be appropriate to Small Mesh Area 1, and from January 1 SMALL MESH AREA I reduce bycatch of small-mesh through June 30, when fishing in Small multispecies. An existing exemption Mesh Area 2. An owner or operator of Point N. Lat. W. Long. may be deleted or modified if the any vessel may not fish for, possess on Regional Administrator determines that SM1 ...... 43°03′ 70°27′ board, or land any species of fish other ° ′ ° ′ the catch of regulated species is equal to SM2 ...... 42 57 70 22 than: Silver hake and offshore hake—up SM3 ...... 42°47′ 70°32′ or greater than 10 percent, by weight, of to the amounts specified in § 648.86(d); SM4 ...... 42°45′ 70°29′ total catch, or that continuing the butterfish; dogfish; herring; Atlantic SM5 ...... 42°43′ 70°32′ exemption may jeopardize meeting mackerel; ocean pout; scup; squid; and SM6 ...... 42°44′ 70°39′ fishing mortality objectives. Notification red hake; except for the following SM7 ...... 42°49′ 70°43′ of additions, deletions, or modifications allowable incidental species (bycatch as SM8 ...... 42°50′ 70°41′ are made through issuance of a rule in the term is used elsewhere in this part) SM9 ...... 42°53′ 70°43′ the Federal Register. SM10 ...... 42°55′ 70°40′ with the restrictions noted: Longhorn ° ′ ° ′ (ii) The NEFMC may recommend to sculpin; monkfish and monkfish parts— SM11 ...... 42 59 70 32 SM1 ...... 43°03′ 70°27′ the Regional Administrator, through the up to 10 percent, by weight, of all other framework procedure specified in species on board or up to 50 lb (23 kg) § 648.90(b), additions or deletions to tail-weight/166 lb (75 kg) whole-weight SMALL-MESH AREA II exemptions for fisheries, either existing of monkfish per trip, as specified in or proposed, for which there may be § 648.94(c)(4), whichever is less; and Point N. Lat. W. Long. insufficient data or information for the American lobster—up to 10 percent, by Regional Administrator to determine, SM13 ...... 43°05.6′ 69°55.0′ weight, of all other species on board or ° ′ ° ′ without public comment, percentage 200 lobsters, whichever is less, unless SM14 ...... 43 10.1 69 43.3 catch of regulated species or small-mesh SM15 ...... 42°49.5′ 69°40.0′ otherwise restricted by landing limits SM16 ...... 42°41.5′ 69°40.0′ multispecies. specified in § 697.17 of this chapter. ° ′ ° ′ (iii) The Regional Administrator may, SM17 ...... 42 36.6 69 55.0 (B) Unless otherwise prohibited in SM13 ...... 43°05.6′ 69°55.0′ using the process described in either § 648.81, beginning May 1, 2003, in paragraph (a)(8)(i) or (ii) of this section, addition to the requirements specified (ii) Raised footrope trawl. Vessels authorize an exemption for a white hake in paragraph (a)(9)(i)(A) of this section, fishing with trawl gear must configure it fishery by vessels using regulated mesh nets may not have a mesh size of less in such a way that, when towed, the or hook gear. Determination of the than 3-inch (7.6-cm) square or diamond gear is not in contact with the ocean percentage of regulated species caught mesh counting the first 100 meshes (200 bottom. Vessels are presumed to be in such fishery shall not include white bars in the case of square mesh) from fishing in such a manner if their trawl hake. (iv) Bycatch in exempted fisheries the terminus of the net for vessels gear is designed as specified in authorized under this paragraph (a)(8) greater than 60 ft (18.3 m) in length and paragraphs (j)(9)(ii)(A) through (D) of are subject, at a minimum, to the counting the first 50 meshes (100 bars this section and is towed so that it does following restrictions: in the case of square mesh) from the not come into contact with the ocean (A) With the exception of fisheries terminus of the net for vessels less than bottom. authorized under paragraph (a)(8)(iii) of or equal to 60 ft (18.3 m) in length. An (A) Eight-inch (20.3-cm) diameter this section, a prohibition on the owner or operator of any vessel may not floats must be attached to the entire possession of regulated species. fish for, possess on board, or land any length of the headrope with a maximum (B) A limit on the possession of species of fish other than: Silver hake spacing of 4 ft (122.0 cm) between monkfish or monkfish parts of 10 and offshore hake—up to 10,000 lb floats. percent, by weight, of all other species (4,536 kg); butterfish; dogfish; herring; (B) The ground gear must all be bare 1 on board or as specified by Atlantic mackerel; ocean pout; scup; wire not larger than ⁄2-inch (1.2-cm) for 5 § 648.94(c)(3), (c)(4), (c)(5) or (c)(6), as squid; and red hake; except for the the top leg, not larger than ⁄8-inch (1.6- applicable, whichever is less. following allowable incidental species cm) for the bottom leg, and not larger (C) A limit on the possession of (bycatch, as the term is used elsewhere than 3⁄4-inch (1.9-cm) for the ground lobsters of 10 percent, by weight, of all in this part) with the restrictions noted: cables. The top and bottom legs must be other species on board or 200 lobsters, Longhorn sculpin; monkfish and equal in length, with no extensions. The whichever is less. monkfish parts—up to 10 percent, by total length of ground cables and legs (D) A limit on the possession of skate weight, of all other species on board or must not be greater than 40 fathoms (73 or skate parts in the SNE Exemption up to 50 lb (23 kg) tail-weight/166 lb (75 m) from the doors to wingends. Area described in paragraph (b)(10) of kg) whole-weight of monkfish per trip, (C) The footrope must be longer than this section of 10 percent, by weight, of as specified in § 648.94(c)(4), whichever the length of the headrope, but not more all other species on board. is less; and American lobster—up to 10 than 20 ft (6.1 m) longer than the length (9) Small Mesh Area 1/Small Mesh percent, by weight, of all other species of the headrope. The footrope must be Area 2—(i) Description. (A) Unless on board or 200 lobsters, whichever is rigged so that it does not contact the otherwise prohibited in § 648.81, less, unless otherwise restricted by ocean bottom while fishing. through April 30, 2003, a vessel subject landing limits specified in § 697.17 of (D) The raised footrope trawl may be to the minimum mesh size restrictions this chapter. used with or without a chain sweep. If
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used without a chain sweep, the drop connecting the following points in the length. Vessels may retain the allowable chains must be a maximum of 3⁄8-inch order stated: incidental species listed in paragraph (0.95-cm) diameter bare chain and must (j)(10)(i)(D)(1) of this section. be hung from the center of the footrope NANTUCKET SHOALS DOGFISH (E) A vessel fishing in the Nantucket and each corner (the quarter, or the EXEMPTION AREA Shoals Dogfish Fishery Exemption Area junction of the bottom wing to the belly under the exemption must comply with at the footrope). Drop chains must be Point N. Lat. W. Long. any additional gear restrictions hung at intervals of 8 ft (2.4 m) along the specified in the letter of authorization ° ′ ° ′ footrope from the corners to the wing NS1 ...... 41 45 70 00 issued by the Regional Administrator. NS2 ...... 41°45′ 69°20′ (ii) Sea sampling. The Regional ends. If used with a chain sweep, the ° ′ ° ′ NS3 ...... 41 30 69 20 Administrator may conduct periodic sea sweep must be rigged so it is behind and Cl1 ...... 41°30′ 69°23′ below the footrope, and the footrope is NS5 ...... 41°26.5′ 69°20′ sampling to determine if there is a need off the bottom. This is accomplished by NS6 ...... 40°50′ 69°20′ to change the area or season having the sweep longer than the NS7 ...... 40°50′ 70°00′ designation, and to evaluate the bycatch footrope and having long drop chains NS1 ...... 41°45′ 70°00′ of regulated species. attaching the sweep to the footrope at (11) Scallop Dredge Fishery regular intervals. The forward end of the (i) Requirements. (A) A vessel fishing Exemption within the GOM Small Mesh sweep and footrope must be connected in the Nantucket Shoals Dogfish Fishery Northern Shrimp Fishery Exemption to the bottom leg at the same point. This Exemption Area under the exemption Area. Unless otherwise prohibited in attachment, in conjunction with the must have on board a letter of § 648.81, vessels with a limited access headrope flotation, keeps the footrope authorization issued by the Regional scallop permit that have declared out of off the bottom. The sweep and its Administrator and may not fish for, the DAS program as specified in rigging, including drop chains, must be possess on board, or land any species of § 648.10, or that have used up their DAS made entirely of bare chain with a fish other than dogfish, except as allocations, and vessels issued a general provided under paragraph (a)(10)(i)(D) scallop permit, may fish in the GOM maximum diameter of 5⁄16 inches (0.8 cm). No wrapping or cookies are of this section. Small Mesh Northern Shrimp Fishery (B) Fishing is confined to June 1 allowed on the drop chains or sweep. Exemption Area when not under a NE through October 15. The total length of the sweep must be multispecies DAS, providing the vessel (C) When transiting the GOM or GB complies with the requirements at least 7 ft (2.1 m) longer than the total Regulated Mesh Areas, specified under length of the footrope, or 3.5 ft (1.1 m) specified in paragraph (a)(11)(i) of this paragraphs (a)(1) and (2) of this section, section. The GOM Scallop Dredge longer on each side. Drop chains must any nets with a mesh size smaller than connect the footrope to the sweep chain, Fishery Exemption Area is the same as the minimum mesh size specified in the area defined in paragraph (a)(5) of and the length of each drop chain must paragraph (a)(3) and (4) of this section be at least 42 inches (106.7 cm). One this section and designated as the Small must be stowed and unavailable for Mesh Northern Shrimp Fishery drop chain must be hung from the immediate use in accordance with center of the footrope to the center of Exemption Area. § 648.23(b). (i) Requirements. (A) A vessel fishing the sweep, and one drop chain must be (D) Incidental species provisions. (1) in the GOM Scallop Dredge Fishery hung from each corner. The attachment Through April 30, 2003, the following Exemption Area specified in paragraph points of each drop chain on the sweep species may be retained, with the (a)(11) of this section may not fish for, and the footrope must be the same restrictions noted, as allowable possess on board, or land any species of distance from the center drop chain incidental species in the Nantucket fish other than Atlantic sea scallops. attachments. Drop chains must be hung Shoals Dogfish Fishery Exemption Area: (B) The combined dredge width in use at intervals of 8 ft (2.4 m) from the Longhorn sculpin; silver hake—up to by or in possession on board vessels corners toward the wing ends. The 200 lb (90.7 kg); monkfish and monkfish fishing in the GOM Scallop Dredge distance of the drop chain that is nearest parts—up to 10 percent, by weight, of Fishery Exemption Area shall not the wing end to the end of the footrope all other species on board or up to 50 exceed 10.5 ft (3.2 m), measured at the may differ from net to net. However, the lb (23 kg) tail-weight/166 lb (75 kg) widest point in the bail of the dredge. sweep must be at least 3.5 ft (1.1 m) whole-weight of monkfish per trip, as (C) The exemption does not apply to longer than the footrope between the specified in § 648.94(c)(4), whichever is the Cashes Ledge Closure Areas or the drop chain closest to the wing ends and less; American lobster—up to 10 Western GOM Area Closure specified in the end of the sweep that attaches to the percent, by weight, of all other species § 648.81(h) and (i). wing end. on board or 200 lobsters, whichever is (ii) [Reserved] (10) Nantucket Shoals dogfish fishery less, unless otherwise restricted by (12) Nantucket Shoals Mussel and Sea exemption area. Vessels subject to the landing limits specified in § 697.17 of Urchin Dredge Exemption Area. A minimum mesh size restrictions this chapter; and skate or skate parts— vessel may fish with a dredge in the specified in paragraphs (a)(3) or (4) of up to 10 percent, by weight, of all other Nantucket Shoals Mussel and Sea this section may fish with, use, or species on board. Urchin Dredge Exemption Area, possess nets of mesh smaller than the (2) Beginning May 1, 2003, all nets provided that any dredge on board the minimum size specified in the must comply with a minimum mesh vessel does not exceed 8 ft (2.4 m), Nantucket Shoals Dogfish Fishery size of 3-inch (7.6-cm) square or measured at the widest point in the bail Exemption Area, if the vessel complies diamond mesh, counting the first 100 of the dredge, and the vessel does not with the requirements specified in meshes (200 bars in the case of square fish for, harvest, possess, or land any paragraph (a)(10)(i) of this section. The mesh) from the terminus of the net for species of fish other than mussels and Nantucket Shoals Dogfish Fishery vessels greater than 60 ft (18.3 m) in sea urchins. The area coordinates of the Exemption Area (copies of a map length and counting the first 50 meshes Nantucket Shoals Mussel and Sea depicting this area are available from (100 bars in the case of square mesh) Urchin Dredge Exemption Area are the the Regional Administrator upon from the terminus of the net for vessels same coordinates as those of the request) is defined by straight lines less than or equal to 60 ft (18.3 m) in Nantucket Shoals Dogfish Fishery
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Exemption Area specified under Trawl Whiting Fishery area with a mesh all nets must comply with a minimum paragraph (a)(10) of this section. size smaller than the minimum size mesh size of 3-inch (7.6-cm) square or (13) GOM/GB Monkfish Gillnet specified, if the vessel complies with diamond mesh, subject to the Exemption. Unless otherwise prohibited the requirements specified in paragraph restrictions as specified in paragraph in § 648.81, a vessel may fish with (a)(15)(i) of this section. The exemption (a)(15)(i)(D) of this section. An owner or gillnets in the GOM/GB Dogfish and does not apply to the Cashes Ledge operator of any vessel enrolled in the Monkfish Gillnet Fishery Exemption Closure Areas or the Western GOM Area raised footrope whiting fishery may not Area when not under a NE multispecies Closure specified in § 648.81(h) and (i). fish for, possess on board, or land any DAS if the vessel complies with the The Raised Footrope Trawl Whiting species of fish other than: Silver hake requirements specified in paragraph Fishery area (copies of a map depicting and offshore hake—up to 10,000 lb (a)(13)(i) of this section. The GOM/GB the area are available from the Regional (4,536 kg); red hake; butterfish; dogfish; Dogfish and Monkfish Gillnet Fishery Administrator upon request) is defined herring; mackerel; scup; and squid. Exemption Area is defined by straight by straight lines connecting the (D) All nets must comply with the lines connecting the following points in following points in the order stated: minimum mesh sizes specified in the order stated: paragraphs (a)(15)(i)(B) and (C) of this RAISED FOOTROPE TRAWL WHITING section. Counting from the terminus of N. Lat. W. Long. FISHERY EXEMPTION the net, the minimum mesh size is applied to the first 100 meshes (200 bars ° ′ ° ′ 41 35 ...... 70 00 Point N. Lat. W. Long. in the case of square mesh) from the 42°49.5′ ...... 70°00′ ° ′ ° ′ terminus of the net for vessels greater 42 49.5 ...... 69 40 RF 1 ...... 42°01.9′ 70°14.7′ than 60 ft (18.3 m) in length and is 43°12′ ...... 69°00′ ° ′ ° ′ RF 2 ...... 41 59.45 70 23.65 applied to the first 50 meshes (100 bars (1) ...... 69°00′ RF 3 ...... 42°07.85′ 70°30.1′ ° ′ ° ′ in the case of square mesh) from the 1 Due north to Maine shoreline. RF 4 ...... 42 15.05 70 08.8 RF 5 ...... 42°08.35′ 70°04.05′ terminus of the net for vessels less than (i) Requirements. (A) A vessel fishing RF 6 ...... 42°04.75′ 70° 16.95′ or equal to 60 ft (18.3 m) in length. under this exemption may not fish for, RF 1 ...... 42°01.9′ 70°14.7′ (E) Raised footrope trawl gear is possess on board, or land any species of required and must be configured as fish other than monkfish, or lobsters in (i) Requirements. (A) A vessel fishing specified in paragraphs (a)(9)(ii)(A) an amount not to exceed 10 percent by in the Raised Footrope Trawl Whiting through (D) of this section. weight of the total catch on board, or Fishery under this exemption must have (F) Fishing may only occur from 200 lobsters, whichever is less. on board a valid letter of authorization September 1 through November 20 of (B) All gillnets must have a minimum issued by the Regional Administrator. each fishing year. mesh size of 10-inch (25.4-cm) diamond To obtain a letter of authorization, (G) A vessel enrolled in the Raised mesh throughout the net. vessel owners must write to or call Footrope Trawl Whiting Fishery may (C) Fishing is confined to July 1 during normal business hours the fish for small-mesh multispecies in through September 14. Northeast Region Permit Office and exempted fisheries outside of the Raised (ii) [Reserved] provide the vessel name, owner name, Footrope Trawl Whiting Fishery (14) GOM/GB Dogfish Gillnet permit number, and the desired period exemption area, provided that the vessel Exemption. Unless otherwise prohibited of time that the vessel will be enrolled. complies with the more restrictive gear, in § 648.81, a vessel may fish with Since letters of authorization are possession limit and other requirements gillnets in the GOM/GB Dogfish and effective the day after they are specified in the regulations of that Monkfish Gillnet Fishery Exemption requested, vessel owners should allow exempted fishery for the entire Area when not under a NE multispecies appropriate processing and mailing participation period specified on the DAS if the vessel complies with the time. To withdraw from a category, vessel’s letter of authorization. For requirements specified in paragraph vessel owners must write to or call the example, a vessel may fish in both the (a)(14)(i) of this section. The area Northeast Region Permit Office. Raised Footrope Trawl Whiting Fishery coordinates of the GOM/GB Dogfish and Withdrawals are effective the day after and the Cultivator Shoal Whiting Monkfish Gillnet Fishery Exemption the date of request. Withdrawals may Fishery Exemption Area and would be Area are specified in paragraph (a)(13) occur after a minimum of 7 days of restricted to a minimum mesh size of 3 of this section. enrollment. inches (7.6 cm), as required in the (i) Requirements. (A) A vessel fishing (B) Through April 30, 2003, all nets Cultivator Shoal Whiting Fishery under this exemption may not fish for, must comply with a minimum mesh Exemption Area, the use of the raised possess on board, or land any species of size of 2.5-inch (6.4-cm) square or footrope trawl, and the catch and fish other than dogfish, or lobsters in an diamond mesh, subject to the bycatch restrictions of the Raised amount not to exceed 10 percent by restrictions specified in paragraph Footrope Trawl Whiting Fishery, except weight of the total catch on board, or (a)(15)(i)(D) of this section. An owner or for red hake, which is restricted to 10 200 lobsters, whichever is less. operator of a vessel enrolled in the percent of the total catch under the (B) All gillnets must have a minimum raised footrope whiting fishery may not Cultivator Shoal Whiting Fishery. mesh size of 6.5-inch (16.5-cm) fish for, possess on board, or land any (ii) Sea sampling. The Regional diamond mesh throughout the net. species of fish other than whiting and Administrator shall conduct periodic (C) Fishing is confined to July 1 offshore hake subject to the applicable sea sampling to evaluate the bycatch of through August 31. possession limits as specified in regulated species. (ii) [Reserved] § 648.86, except for the following (16) GOM/GB Exemption Area—Area (15) Raised Footrope Trawl Exempted allowable incidental species: Red hake; definition. The GOM/GB Exemption Whiting Fishery. Vessels subject to the butterfish; dogfish; herring; mackerel; Area (copies of a map depicting this minimum mesh size restrictions scup; and squid. area are available from the Regional specified in paragraphs (a)(3) or (4) of (C) Beginning May 1, 2003, in Administrator upon request) is that area: this section may fish with, use, or addition to the requirements specified (i) Bounded on the east by the U.S.- possess nets in the Raised Footrope in paragraph (a)(15)(i)(B) of this section, Canada maritime boundary, defined by
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straight lines connecting the following Point N. Lat. W. Long. (ii) Bounded on the south by straight points in the order stated: lines connecting the following points in G2 ...... 43°58′ 67°22′ the order stated: Gulf of Maine/Georges Bank Exemption G3 ...... 42°53.1′ 67°44.4′ Area G4 ...... 42°31′ 67°28.1′ G5 ...... 41°18.6′ 66°24.8′ Point N. Lat. W. Long. 1 The intersection of the shoreline and the G1 ...... (1) (1) U.S.-Canada Maritime Boundary.
Point N. lat. W. long. Approximate loran C bearings
G6 ...... 40°55.5′ 66°38′ 5930–Y–30750 and 9960–Y–43500. G7 ...... 40°45.5′ 68°00′ 9960–Y–43500 and 68°00′ W. lat. G8 ...... 40°37′ 68°00′ 9960–Y–43450 and 68°00′ W. lat. G9 ...... 40°30′ 69°00′ NL3 ...... 40°22.7′ 69°00′ NL2 ...... 40°18.7′ 69°40′ NL1 ...... 40°50′ 69°40′ G11 ...... 40°50′ 70°00′ G12 ...... 170°00′ 1 Northward to its intersection with the shoreline of mainland Massachusetts.
(b) Southern New England (SNE) (vi) of this section, the minimum mesh (0.81 sq m)), or to vessels that have not Regulated Mesh Area—(1) Area size for any Scottish seine, midwater been issued a NE multispecies permit definition. The SNE Regulated Mesh trawl, or purse seine, not stowed and and that are fishing exclusively in state Area (copies of a map depicting this not available for immediate use in waters. area are available from the Regional accordance with section § 648.23(b), on (v) Hook-gear restrictions. Vessels Administrator upon request) is that area: a vessel or used by a vessel fishing fishing with a valid NE multispecies (i) Bounded on the east by the western under a DAS in the NE multispecies limited access Hook-gear permit and boundary of the Georges Bank Regulated DAS program in the SNE Regulated fishing under a multispecies DAS in the Mesh Area described under Mesh Area is 6-inch (15.2-cm) diamond SNE Regulated Mesh Area, and persons § 648.80(a)(2)(iii); and mesh or 6.5-inch (16.5-cm) square mesh on such vessels, are prohibited from (ii) Bounded on the west by a line applied throughout the net, or any possessing gear other than hook gear on beginning at the intersection of 74°00′ combination thereof. This restriction board the vessel and are prohibited from W. long. and the south facing shoreline does not apply to nets or pieces of nets fishing, setting, or hauling back, per of Long Island, NY, and then running smaller than 3 ft (0.9 m) × 3 ft (0.9 m), day, or possessing on board the vessel, southward along the 74°00′ W. long. (9 sq ft (0.81 sq m)), or to vessels that more than 2,000 rigged hooks. All hooks line. have not been issued a NE multispecies must be circle hooks, of a minimum size (2) Gear restrictions—(i) Vessels using permit and that are fishing exclusively of 12/0. An unbaited hook and gangion trawls. Except as provided in paragraphs in state waters. that has not been secured to the ground (b)(2)(i) and (vi) of this section, and (iii) Large-mesh vessels. When fishing line of the trawl on board a vessel is unless otherwise restricted under in the SNE Regulated Mesh Area, the deemed to be a replacement hook and paragraph (b)(2)(iii) of this section, the minimum mesh size for any trawl net is not counted toward the 2,000-hook minimum mesh size for any trawl net, vessel, or sink gillnet, not stowed and limit. A ‘‘snap-on’’ hook is deemed to be not stowed and not available for not available for immediate use in a replacement hook if it is not rigged or immediate use in accordance with accordance with section § 648.23(b) on baited. The use of de-hookers section § 648.23(b), except midwater a vessel or used by a vessel fishing (‘‘crucifiers’’) with less than 6-inch trawl, on a vessel or used by a vessel under a DAS in the Large-mesh DAS (15.2-cm) spacing between the fairlead fishing under a DAS in the NE program, specified in § 648.82(b)(6) and rollers is prohibited. multispecies DAS program in the SNE (7), is 8.5-inch (21.6) diamond or square (vi) Other restrictions and Regulated Mesh Area is 6-inch (15.2-cm) mesh throughout the entire net. This exemptions. Vessels are prohibited from diamond mesh or 6.5-inch (16.5-cm) restriction does not apply to nets or fishing in the SNE Exemption Area as square mesh, applied throughout the pieces of nets smaller than 3 ft (0.9 m) defined in paragraph (b)(10) of this body and extension of the net, or any × 3 ft (0.9 m), (9 sq ft (0.81 sq m)), or section, except if fishing with exempted combination thereof, and 7-inch (17.8- to vessels that have not been issued a gear (as defined under this part) or cm) diamond mesh or 6.5-inch (16.5- NE multispecies permit and that are under the exemptions specified in cm) square mesh applied to the codend fishing exclusively in state waters. paragraphs (b)(3), (b)(5) through (9), (c), of the net, as defined under paragraph (iv) Vessels using sink gillnets. The (e), (h) and (i) of this section, or if § 648.80(a)(3)(i). This restriction does minimum mesh size for any sink gillnet, fishing under a NE multispecies DAS, if not apply to nets or pieces of nets not stowed and not available for fishing under the Small Vessel smaller than 3 ft (0.9 m) × 3 ft (0.9 m), immediate use in accordance with exemption specified in § 648.82(b)(3), or (9 sq ft (0.81 sq m)), or to vessels that section § 648.23(b), when fishing under if fishing under a scallop state waters have not been issued a NE multispecies a DAS in the NE multispecies DAS exemption specified in § 648.54, or if permit and that are fishing exclusively program in the SNE Regulated Mesh fishing under a scallop DAS in in state waters. Area is 6.5 inches (16.5 cm) throughout accordance with paragraph (h) of this (ii) Vessels using Scottish seine, the entire net. This restriction does not section, or if fishing pursuant to a NE midwater trawl, and purse seine. Except apply to nets or pieces of nets smaller multispecies open access Charter/Party as provided in paragraphs (b)(2)(ii) and than 3 ft (0.9 m) × 3 ft (0.9 m), (9 sq ft or Handgear permit, or if fishing as a
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charter/party or private recreational immediate use in accordance with gear in the SNE Monkfish and Skate vessel in compliance with the § 648.23(b), and provided that regulated Gillnet Fishery Exemption Area when regulations specified in § 648.89. Any species were not harvested by nets of not operating under a NE multispecies gear on a vessel, or used by a vessel, in mesh size smaller than the minimum DAS if the vessel complies with the this area must be authorized under one mesh size specified in paragraphs (a)(4) requirements specified in paragraph of these exemptions or must be stowed and (b)(2) of this section. Vessels fishing (b)(6)(i) of this section and the monkfish as specified in § 648.23(b). for the exempted species identified in regulations, as applicable under (3) Exemptions—(i) Species paragraph (b)(3)(i) of this section may § 648.91 through 94. The SNE Monkfish exemptions. (A) Through April 30, also possess and retain the following and Skate Gillnet Fishery Exemption 2003, owners and operators of vessels species, with the restrictions noted, as Area is defined by a line running from subject to the minimum mesh size incidental take to these exempted the Massachusetts shoreline at 41°35′ N. restrictions specified in paragraphs fisheries: Conger eels; sea robins; black lat. and 70°00′ W. long., south to its (a)(4) and (b)(2) of this section, may fish sea bass; red hake; tautog (blackfish); intersection with the outer boundary of for, harvest, possess, or land butterfish, blowfish; cunner; John Dory; mullet; the EEZ, southwesterly along the outer dogfish (trawl only), herring, Atlantic bluefish; tilefish; longhorn sculpin; boundary of the EEZ, and bounded on mackerel, ocean pout, scup, shrimp, fourspot flounder; alewife; hickory the west by the western boundary of the squid, summer flounder, silver hake and shad; American shad; blueback herring; SNE Exemption Area as defined in offshore hake, and weakfish with nets of sea raven; Atlantic croaker; spot; paragraph (b)(10)(ii) of this section. a mesh size smaller than the minimum swordfish; monkfish and monkfish (i) Requirements. (A) A vessel fishing size specified in the GB and SNE parts—up to 10 percent, by weight, of under this exemption may only fish for, Regulated Mesh Areas when fishing in all other species on board or up to 50 possess on board, or land monkfish, the SNE Exemption Area defined in lb (23 kg) tail-weight/166 lb (75 kg) skates, and the bycatch species and paragraph (b)(10) of this section, whole weight of monkfish per trip, as amounts specified in paragraph (b)(3) of provided such vessels comply with specified in § 648.94(c)(4), whichever is this section. requirements specified in paragraph less; American lobster—up to 10 (B) All gillnets must have a minimum (b)(3)(ii) of this section and with the percent, by weight, of all other species mesh size of 10-inch (25.4-cm) diamond mesh size and possession limit on board or 200 lobsters, whichever is mesh throughout the net. restrictions specified under § 648.86(d). less; and skate and skate parts—up to 10 (C) All nets with a mesh size smaller (B) Beginning May 1, 2003, owners percent, by weight, of all other species than the minimum mesh size specified and operators of vessels subject to the on board. in paragraph (b)(6)(i)(B) of this section minimum mesh size restrictions (4) Addition or deletion of must be stowed as specified in specified in paragraph (b)(2) of this exemptions. Same as under paragraph § 648.23(b). section may not use nets with mesh size (a)(8) of this section. (ii) [Reserved] less than 3 inches (7.6 cm), unless (5) SNE Monkfish and Skate Trawl (7) SNE Dogfish Gillnet Exemption exempted pursuant to paragraph (b)(4) Exemption Area. Unless otherwise Area. Unless otherwise required by of this section, and may fish for, harvest, required by monkfish regulations under monkfish regulations under this part a possess, or land butterfish, dogfish this part, a vessel may fish with trawl gillnet vessel may fish in the SNE (trawl only), herring, Atlantic mackerel, gear in the SNE Monkfish and Skate Dogfish Gillnet Fishery Exemption Area ocean pout, scup, shrimp, squid, Trawl Fishery Exemption Area when when not operating under a NE summer flounder, silver hake and not operating under a NE multispecies multispecies DAS if the vessel complies offshore hake—up to 10,000 lb (4,536 DAS if the vessel complies with the with the requirements specified in kg), and weakfish with nets of a mesh requirements specified in paragraph paragraph (b)(7)(i) of this section and size smaller than the minimum size (b)(5)(i) of this section and the monkfish the applicable dogfish regulations under specified in the SNE Regulated Mesh regulations, as applicable under this sub-part (L). The SNE Dogfish Gillnet Area, provided such vessels comply part. The SNE Monkfish and Skate Fishery Exemption Area is defined by a with requirements specified in Trawl Fishery Exemption Area is line running from the Massachusetts paragraph (b)(3)(ii) of this section and defined as the area bounded on the shoreline at 41°35′ N. lat. and 70°00′ W. with the possession limit restrictions north by a line extending eastward long. south to its intersection with the specified under § 648.86. Nets may not along 40°10′ N. lat., and bounded on the outer boundary of the EEZ, have a mesh size of less than 3-inch west by the western boundary of the southwesterly along the outer boundary (7.6-cm) square or diamond mesh, SNE Exemption Area as defined in of the EEZ, and bounded on the west by counting the first 100 meshes (200 bars paragraph (b)(10)(ii) of this section. the western boundary of the SNE in the case of square mesh) from the (i) Requirements. (A) A vessel fishing Exemption Area as defined in paragraph terminus of the net for vessels greater under this exemption may only fish for, (b)(10)(ii) of this section. than 60 ft (18.3 m) in length, and possess on board, or land monkfish, (i) Requirements. (A) A vessel fishing counting the first 50 meshes (100 bars skates, and the incidentally caught under this exemption may only fish for, in the case of square mesh) from the species and amounts specified in possess on board, or land dogfish and terminus of the net for vessels less than paragraph (b)(3) of this section. the bycatch species and amounts or equal to 60 ft (18.3 m) in length. (B) All trawl nets must have a specified in paragraph (b)(3) of this (ii) Possession and net stowage minimum mesh size of 8-inch (20.3-cm) section. requirements. Vessels may possess square or diamond mesh throughout the (B) All gillnets must have a minimum regulated species while in possession of codend for at least 45 continuous mesh size of 6-inch (15.2-cm) diamond nets with mesh smaller than the meshes forward of the terminus of the mesh throughout the net. minimum size specified in paragraph net. (C) Fishing is confined to May 1 (a)(4) and (b)(2) of this section when (ii) [Reserved] through October 31. fishing in the SNE Exemption Area (6) SNE Monkfish and Skate Gillnet (ii) [Reserved] defined in paragraph (b)(10) of this Exemption Area. Unless otherwise (8) SNE Mussel and Sea Urchin section, provided that such nets are required by monkfish regulations under Dredge Exemption. A vessel may fish stowed and are not available for this part, a vessel may fish with gillnet with a dredge in the SNE Exemption
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Area, as defined in paragraph (b)(10) of SOUTHERN NEW ENGLAND EXEMPTION hooks. An unbaited hook and gangion this section, provided that any dredge AREA that has not been secured to the ground on board the vessel does not exceed 8 line of the trawl on board a vessel is ft (2.4 m) measured at the widest point Point N. Lat. W. Long. deemed to be a replacement hook and in the bail of the dredge, and the vessel is not counted toward the 4,500-hook does not fish for, harvest, possess, or G5 ...... 41°18.6′ 66°24.8′ limit. A ‘‘snap-on’’ hook is deemed to be ° ′ ° ′ land any species of fish other than G6 ...... 40 55.5 66 38 a replacement hook if it is not rigged or G7 ...... 40°45.5′ 68°00′ mussels and sea urchins. G8 ...... 40°37′ 68°00′ baited. The use of de-hookers (9) SNE Little Tunny Gillnet G9 ...... 40°30.5′ 69°00′ (‘‘crucifiers’’) with less than 6-inch Exemption Area. A vessel may fish with NL3 ...... 40°22.7′ 69°00′ (15.2-cm) spacing between the fairlead gillnet gear in the SNE Little Tunny NL2 ...... 40°18.7′ 69°40′ rollers is prohibited. Gillnet Exemption Area when not NL1 ...... 40°50′ 69°40′ * * * * * operating under a NE multispecies DAS G11 ...... 40°50′ 70°00′ G12 ...... 70°00′1 (5) Mid-Atlantic Exemption Area. The with mesh size smaller than the Mid-Atlantic Exemption Area is that minimum required in the SNE 1 Northward to its intersection with the area that lies west of the SNE Exemption Regulated Mesh Area, if the vessel shoreline of mainland Massachusetts. Area defined in paragraph (b)(10) of this complies with the requirements (ii) Bounded on the west by a line section. specified in paragraph (b)(9)(i) of this running from the Rhode Island (d) * * * section. The SNE Little Tunny Gillnet shoreline at 41°18.2′ N. lat. and 71°51.5′ Exemption Area is defined by a line (2) When fishing under this W. long. (Watch Hill, RI) southwesterly exemption in the GOM/GB Exemption running from the Rhode Island through Fishers Island, NY, to Race shoreline at 41°18.2′ N. lat. and 71° 51.5′ Area as defined in paragraph (a)(16) of Point, Fishers Island, NY; and from Race this section, and in the area described W. long. (Watch Hill, RI) southwesterly Point, Fishers Island, NY, southeasterly through Fishers Island, NY; to Race in § 648.81(c)(1), the vessel has on board to the intersection of the 3-nautical mile a letter of authorization issued by the Point, Fishers Island, NY; and from Race line east of Montauk Point; Point, Fishers Island, NY; southeasterly Regional Administrator, and complies southwesterly along the 3-nautical mile with all restrictions and conditions to 41°06.5′ N. lat. and 71°50.2′ W. long.; ° ′ line to the intersection of 72 30 W. thereof; east-northeast through Block Island, RI, long., and south along that line to the ° ′ ° ′ * * * * * to 41 15 N. lat. and 71 07 W. long.; intersection of the outer boundary of the then due north to the intersection of the EEZ. (e) * * * RI–MA shoreline. (c) * * * (2) When fishing under this (i) Requirements. (A) A vessel fishing (1) Area definition. The Mid-Atlantic exemption in the GOM/GB Exemption under this exemption may fish only for, Regulated Mesh Area is that area Area as defined in paragraph (a)(16) of possess on board, or land little tunny bounded on the east by the western this section, the vessel has on board a and the allowable incidental species boundary of the SNE Regulated Mesh letter of authorization issued by the and amounts specified in paragraph Area, described under § 648.80(b)(1)(ii). Regional Administrator; (b)(3) of this section and, if applicable, (2) * * * * * * * * paragraph (b)(9)(i)(B) of this section. (ii) Large-mesh vessels. When fishing (h) * * * Vessels fishing under this exemption in the Mid-Atlantic Regulated Mesh may not possess regulated species. Area, the minimum mesh size for any (1) Except as provided in paragraph (B) reserved trawl net vessel, or sink gillnet, not (h)(2) of this section, a scallop vessel (C) The vessel must have a letter of stowed and not available for immediate that possesses a limited access scallop authorization issued by the Regional use in accordance with section permit and either a NE multispecies Administrator on board. § 648.23(b), on a vessel or used by a combination vessel permit or a scallop/ (D) All gillnets must have a minimum vessel fishing under a DAS in the Large- multispecies possession limit permit, mesh size of 5.5-inch (14.0-cm) mesh DAS program, specified in and that is fishing under a scallop DAS diamond mesh throughout the net. § 648.82(b)(6) and (7), is 7.5-inch (19.0- allocated under § 648.53, may possess (E) All nets with a mesh size smaller cm) diamond mesh or 8.0-inch (20.3- and land up to 300 lb (136.1 kg) of than the minimum mesh size specified cm) square mesh throughout the entire regulated species per trip, provided that in paragraph (b)(9)(i)(D) of this section net. This restriction does not apply to the amount of regulated species on must be stowed in accordance with one nets or pieces of nets smaller than 3 ft board the vessel does not exceed the trip of the methods described under (0.9 m) x 3 ft (0.9 m), (9 sq ft (0.81 sq limits specified in § 648.86, and § 648.23(b) while fishing under this m)), or to vessels that have not been provided the vessel has at least one exemption. issued a NE multispecies permit and standard tote on board, unless otherwise (F) Fishing is confined to September that are fishing exclusively in state restricted by § 648.86(a)(2). 1 through October 31. waters. * * * * * (ii) The Regional Administrator shall * * * * * (i) * * * conduct periodic sea sampling to (iv) Hook-gear restrictions. Vessels (8) The vessel does not fish for, evaluate the likelihood of gear fishing with a valid NE multispecies possess, or land any species of fish other interactions with protected resources. limited access Hook-gear permit and than winter flounder and the exempted (10) SNE Exemption Area—Area fishing under a NE multispecies DAS in small-mesh species specified under definition. The SNE Exemption Area the Mid-Atlantic Regulated Mesh Area, paragraphs (a)(5)(i), (a)(9)(i), (b)(3), and (copies of a map depicting this area are and persons on such vessels, are (c)(4) of this section when fishing in the available from the Regional prohibited from possessing gear other areas specified under paragraphs (a)(5), Administrator upon request) is that area: than hook gear on board the vessel and (a)(9), (b)(10), and (c)(5) of this section, (i) Bounded on the east by straight are prohibited from fishing, setting, or respectively. Vessels fishing under this lines connecting the following points in hauling back, per day, or possessing on exemption in New York and the order stated: board the vessel, more than 4,500 rigged Connecticut state waters may also
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possess and retain skate as incidental ROLLING CLOSURE AREA II ROLLING CLOSURE AREA V take in this fishery. [April 1–April 30] [October 1–November 30] * * * * * Point N. Lat. W. Long. Point N. Lat. W. Long. 7. In § 648.81, paragraphs (d), (g)(1), (g)(2)(iii) through (v), (h), (i) and (n) are GM1 ...... 42°00′ (1) GM1 42°00′ ...... (1) revised to read as follows: GM2 ...... 42°00′ (2) GM2 42°00′ ...... (2) GM3 ...... 42°00′ (3) GM3 42°00′ ...... (3) § 648.81 Closed areas. GM5 ...... 42°00′ 68°30′ GM4 42°00′ ...... 70°00′ * * * * * GM6 ...... 42°30′ 68°30′ GM8 42°30′ ...... 70°00′ GM9 ...... 42°30′ (1) GM9 42°30′ ...... (1) (d) Transiting. A vessel may transit Closed Area I, the Nantucket Lightship 1 1 Massachusetts shoreline. 1 Massachusetts shoreline. 2 Cape Cod shoreline on Cape Cod Bay. 2 Cape Cod shoreline on Cape Cod Bay. Closed Area, the GOM Rolling Closure 3 Cape Cod shoreline on the Atlantic Ocean. 3 Cape Cod shoreline on the Atlantic Ocean. Areas, the Cashes Ledge Closure Area, the Western GOM Area Closure, and the (iii) Rolling Closure Area III. From (2) * * * (iii) * * * GB Seasonal Area Closure, as defined in May 1 through May 31, the restrictions specified in paragraph (g)(1) of this (A) For vessels fishing under charter/ paragraphs (a)(1), (c)(1), (g)(1), (h)(1), party regulations in a Rolling Closure (i)(1) and (n)(1), respectively, of this section apply to Rolling Closure Area III, which is the area bounded by Area described under § 648.81(g)(1), it section, provided that its gear is stowed has on board a letter of authorization in accordance with the provisions of straight lines connecting the following points in the order stated: issued by the Regional Administrator, § 648.23(b). which is valid from the date of * * * * * ROLLING CLOSURE AREA III enrollment through the duration of the closure or 3 months duration, (g) GOM Rolling Closure Areas. (1) No [May 1–May 31] fishing vessel or person on a fishing whichever is greater; For vessels fishing vessel may enter, fish in, or be in; and Point N. Lat. W. Long. under charter/party regulations in the Cashes Ledge Closure Area or Western no fishing gear capable of catching NE ° ′ 1 Gulf of Maine Area Closure, as multispecies, unless otherwise allowed GM1 ...... 42 00 () GM2 ...... 42°00′ (2) described under § 648.81(h) and (i), in this part, may be in, or on board a GM3 ...... 42°00′ (3) respectively, it has on board a letter of vessel in GOM Rolling Closure Areas I GM4 ...... 42°00′ 70°00′ authorization issued by the Regional through V, as described in paragraphs GM23 ...... 42°00′ 70°00′ ° ′ ° ′ Administrator, which is valid from the (g)(1)(i) through (v) of this section, for GM6 ...... 42 30 68 30 date of enrollment until the end of the the times specified in paragraphs GM14 ...... 43°30′ 68°30′ GM10 ...... 43°30′ (4) fishing year. (g)(1)(i) through (v) of this section, (B) Fish harvested or possessed by the except as specified in paragraphs (d) 1 Massachusetts shoreline. vessel are not sold or intended for trade, and (g)(2) of this section. A chart 2 Cape Cod shoreline on Cape Cod Bay. barter or sale, regardless of where the 3Cape Cod shoreline on the Atlantic Ocean. depicting these areas is available from 4 Maine shoreline. fish are caught; the Regional Administrator upon (C) The vessel has no gear other than request. (iv) Rolling Closure Area IV. From rod and reel or handline on board; and June 1 through June 30, the restrictions (D) The vessel does not use any NE (i) Rolling Closure Area I. From March specified in paragraph (g)(1) of this multispecies DAS during the entire 1 through March 31, the restrictions section apply to Rolling Closure Area period for which the letter of specified in paragraph (g)(1) of this IV, which is the area bounded by authorization is valid. section apply to Rolling Closure Area I, straight lines connecting the following (iv) That are fishing with or using which is the area bounded by straight points in the order stated: scallop dredge gear when fishing under lines connecting the following points in a scallop DAS or when lawfully fishing the order stated: ROLLING CLOSURE AREA IV in the Scallop Dredge Fishery [June 1–June 30] Exemption Area as described in ROLLING CLOSURE AREA I § 648.80(a)(11), provided the vessel does [March 1–March 31] Point N. Lat. W. Long. not retain any regulated NE multispecies during a trip, or on any Point N. Lat. W. Long. GM9 ...... 42°30′ (1) part of a trip. GM23 ...... 42°30′ 70°00′ (v) That are fishing in the Raised ° ′ ° ′ GM3 ...... 42°00′ (1) GM17 ...... 43 30 70 00 Footrope Trawl Exempted Whiting ° ′ ° ′ 2 GM5 ...... 42°00′ 68°30′ GM19 ...... 43 30 67 32 or ( ) Fishery, as specified in § 648.80(a)(15), ° ′ ° ′ 2 GM6 ...... 42°30′ 68°30′ GM20 ...... 44 00 67 21 or ( ) GM21 ...... 44°00′ 69°00′ and in the GOM Rolling Closure Area V, GM23 ...... 42°30′ 70°00′ GM22 ...... (3) 69°00′ as specified in paragraph (g)(1)(v) of this section. 1 Cape Cod shoreline on the Atlantic Ocean. 1 Massachusetts shoreline. (h) Cashes Ledge Closure Area. (1) No 2 U.S.-Canada maritime boundary. fishing vessel or person on a fishing (ii) Rolling Closure Area II. From 3 Maine shoreline. April 1 through April 30, the vessel may enter, fish in, or be in, and restrictions specified in paragraph (g)(1) (v) Rolling Closure Area V. From no fishing gear capable of catching NE October 1 through November 30, the of this section apply to Rolling Closure multispecies, unless otherwise allowed restrictions specified in paragraph (g)(1) Area II, which is the area bounded by in this part, may be in, or on board a of this section apply to Rolling Closure vessel in the area known as the Cashes straight lines connecting the following Area V, which is the area bounded by Ledge Closure Area, as defined by points in the order stated: straight lines connecting the following straight lines connecting the following points in the order stated: points in the order stated:
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CASHES LEDGE CLOSURE AREA1 GEORGES BANK SEASONAL CLOSURE through April 30 of the following year. AREAS Beginning August 1, 2002, with the Point N. Lat. W. Long. [May 1—May 31] exception of the Small Vessel category described in paragraph (b)(3) of this ° ′ ° ′ CL1 ...... 43 07 69 02 Point N. Lat. W. Long. section, NE multispecies DAS available CL2 ...... 42°49.5′ 68°46′ for use will be calculated as described CL3 ...... 42°46.5′ 68°50.5′ GB1 ...... 42°00′ (1) below. CL4 ...... 42°43.5′ 68°58.5′ GB2 ...... 42°00′ 68°30′ (1) Individual DAS category—DAS CL5 ...... 42°42.5′ 69°17.5′ GB3 ...... 42°20′ 68°30′ allocation. Beginning August 1, 2002, CL6 ...... 42°49.5′ 69°26′ GB4 ...... 42°20′ 67°20′ for a vessel fishing under the Individual ° ′ ° ′ CL1 ...... 43°07′ 69°02′ GB5 ...... 41 30 67 20 DAS category, NE multispecies DAS CI1 ...... 41°30′ 69°23′ available for use for the May 1, 2002, 1 A chart depicting this area is available CI2 ...... 40°45′ 68°45′ from the Regional Administrator upon request CI3 ...... 40°45′ 68°30′ through April 30, 2003, fishing year, (see Table 1 to § 600.502 of this chapter). GB6 ...... 40°30′ 68°30′ and for the next fishing year, will be GB7 ...... 40°30′ 69°00′ calculated based upon the fishing (2) Paragraph (h)(1) of this section G10 ...... 40°50′ 69°00′ history associated with the vessel’s does not apply to persons on fishing GB8 ...... 40°50′ 69°30′ permit, as described in paragraph (l)(1) vessels or fishing vessels that meet the GB9 ...... 41°00′ 69°30′ of this section, as reduced as specified ° ′ ° ′ criteria in paragraphs (g)(2)(ii) and (iii) GB10 ...... 41 00 70 00 in paragraph (l)(2) of this section. G12 ...... (1) 70°00′ of this section. (2) Fleet DAS category—DAS 1 allocation. Beginning August 1, 2002, (i) Western GOM Area Closure. (1) No Northward to its intersection with the shoreline of Mainland Massachusetts. for a vessel fishing under the Fleet DAS fishing vessel or person on a fishing category, NE multispecies DAS available vessel may enter, fish in, or be in, and (2) Paragraph (n)(1) of this section does not apply to persons on fishing for use for the May 1, 2002, through no fishing gear capable of catching NE April 30, 2003, fishing year, and for the multispecies, unless otherwise allowed vessels or to fishing vessels: (i) That meet the criteria in next fishing year, will be calculated in this part, may be in, or on board a paragraphs (g)(2)(i) or (ii) of this section; based upon the fishing history vessel in, the area known as the Western (ii) That are fishing as charter/party or associated with the vessel’s permit, as GOM Area Closure, as defined by recreational vessels; or described in paragraph (l)(1) of this straight lines connecting the following (iii) That are fishing with or using section, as reduced as specified in points in the order stated, except as scallop dredge gear when fishing under paragraph (l)(2) of this section. specified in paragraphs (d) and (i)(2) of a scallop DAS or when lawfully fishing (3) Small Vessel category—(i) DAS this section: in the Scallop Dredge Fishery allocation. A vessel qualified and Exemption Area as described in electing to fish under the Small Vessel WESTERN GOM AREA CLOSURE1 § 648.80(a)(11), provided the vessel uses category may retain up to 300 lb (136.1 an 8-inch (20.3–cm) twine top and kg) of cod, haddock, and yellowtail Point N. Lat. W. Long. complies with the NE multispecies flounder, combined, and one Atlantic possession restrictions for scallop halibut per trip, without being subject to WGM1 ...... 42°15′ 70°15′ vessels specified at § 648.80(h). DAS restrictions, provided the vessel WGM2 ...... 42°15′ 69°55′ 8. In § 648.82, paragraph (b); does not exceed the yellowtail flounder WGM3 ...... 43°15′ 69°55′ introductory text of paragraphs (k) and possession restrictions specified under WGM4 ...... 43°15′ 70°15′ (k)(1), paragraphs (k)(1)(i), (k)(1)(ii), and § 648.86(h). Such a vessel is not subject WGM1 ...... 42°15′ 70°15′ (k)(2) are revised; paragraphs (k)(1)(vi) to a possession limit for other NE multispecies. Any vessel may elect to 1 A chart depicting this area is available and (vii) are removed; and paragraphs from the Regional Administrator upon request (k)(3) through (5), and paragraph (l) are switch into this category, as provided in (see Table 1 to § 600.502 of this chapter). added to read as follows: § 648.4(a)(1)(i)(I)(2), if such vessel meets or complies with the following: (2) Paragraph (i)(1) of this section § 648.82 Effort-control program for (ii) The vessel is 30 ft (9.1 m) or less does not apply to persons on fishing multispecies limited access vessels. in length overall as determined by vessels or fishing vessels that meet the * * * * * measuring along a horizontal line drawn criteria in paragraphs (g)(2)(ii) and (iii) (b) DAS program—permit categories from a perpendicular raised from the of this section. and allocations. All limited access NE outside of the most forward portion of multispecies permit holders shall be * * * * * the stem of the vessel to a perpendicular assigned to one of the following DAS raised from the after most portion of the (n) GB Seasonal Closure Area. (1) permit categories according to the stern. From May 1 through May 31, no fishing criteria specified. For the fishing year (iii) If construction of the vessel was vessel or person on a fishing vessel may 2002 only, permit holders that may begun after May 1, 1994, the vessel must enter, fish in, or be in, and no fishing request a change in permit category, as be constructed such that the quotient of gear capable of catching NE specified in § 648.4(a)(1)(i)(I)(2), and the overall length divided by the beam multispecies, unless otherwise allowed that were issued a limited access permit is not less than 2.5. in this part, may be in the area known prior to August 1, 2002, may request a (iv) Acceptable verification for vessels as the GB Seasonal Closure Area, as change in permit category one time 20 ft (6.1 m) or less in length shall be defined by the straight lines connecting prior to either August 31, or within 45 USCG documentation or state the following points in the order stated, days of permit issuance, whichever date registration papers. For vessels over 20 except as specified in paragraphs (d) is later. For the fishing year 2003 permit ft (6.1 m) in length, the measurement of and (n)(2) of this section: holders may request a change in permit length must be verified in writing by a category as specified in qualified marine surveyor, or the § 648.4(a)(1)(i)(I)(2). Each fishing year builder, based on the vessel’s shall begin on May 1 and extend construction plans, or by other means
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determined acceptable by the Regional the May 1, 2002, through April 30, 2003, the GB Regulated Mesh Area as Administrator. A copy of the fishing year, and for the next fishing described in § 648.80(a)(2), may not fish verification must accompany an year , will be calculated based upon the with, haul, possess, or deploy more than application for a NE multispecies fishing history associated with the 50 nets, except as provided in permit. vessel’s permit, as described in § 648.92(b)(8)(i). Vessels may fish any (v) Adjustments to the Small Vessel paragraph (l)(1) of this section, as combination of roundfish and flatfish category requirements, including reduced as specified in paragraph (l)(2) gillnets, up to 50 nets. changes to the length requirement, if of this section, and then increased by 36 (C) A Day gillnet vessel fishing under required to meet fishing mortality goals, percent. To be eligible to fish under the a NE multispecies DAS and fishing in may be made by the Regional Large Mesh Fleet DAS category, a the SNE Regulated Mesh Area as Administrator following framework vessel, while fishing under this described in § 648.80(b)(1), may not fish procedures of § 648.90. category, must fish under the specific with, haul, possess, or deploy more than (4) Hook-Gear category—DAS regulated mesh area minimum mesh 75 nets, except as provided in allocation. Beginning August 1, 2002, size restrictions, as specified in § 648.92(b)(8)(i). Vessels may fish any for a vessel fishing under the Hook-gear paragraphs (a)(3)(iii), (a)(4)(iii), (b)(2)(iii) combination of roundfish and flatfish category, NE multispecies DAS available and (c)(2)(ii) of this section. gillnets, up to 75 nets. for use for the May 1, 2002, through (D) A Day gillnet vessel fishing under * * * * * April 30, 2003, fishing year, and for the a NE multispecies DAS and fishing in (k) Gillnet restrictions. Beginning next fishing year, will be calculated the Mid-Atlantic Regulated Mesh Area, August 1, 2002, vessels issued a limited based upon the fishing history as described in § 648.80(c)(1), may not access NE multispecies permit and associated with the vessel’s permit, as fish with, haul, possess, or deploy more fishing under a NE multispecies DAS described in paragraph (l)(1) of this than 80 roundfish gillnets or 160 flatfish section, as reduced as specified in with gillnet gear must obtain an annual gillnets. Vessels may fish any paragraph (l)(2) of this section. A vessel designation as either a Day or Trip combination of roundfish and flatfish fishing under this category in the DAS gillnet vessel as described in gillnets, up to 160 nets, provided that program must meet or comply with the § 648.4(c)(2)(iii). the number of roundfish and flatfish gear restrictions specified under (1) Day gillnet vessels. A Day gillnet gillnets does not exceed the limitations § 648.80(a)(3)(vii), (a)(4)(ii), (b)(2)(v) and vessel fishing with gillnet gear under a specified in this paragraph (k)(1)(i)(D). (c)(2)(iv) when fishing in the respective multispecies DAS is not required to (ii) Tagging requirements. When regulated mesh areas. remove gear from the water upon fishing under a NE multispecies DAS, (5) Combination vessel category—DAS returning to the dock and calling-out of all gillnets fished, hauled, possessed, or allocation. Beginning August 1, 2002, the DAS program, provided the vessel deployed by a vessel in the Day gillnet for a vessel fishing under the complies with the restrictions specified category, must be tagged according to Combination Vessel category, NE in paragraphs (k)(1)(i) through (v) of this the provisions specified in paragraphs multispecies DAS available for use for section. Vessels electing to fish under (k)(1)(ii)(A) through (D) of this section, the May 1, 2002, through April 30, 2003, the Day gillnet designation must have when fishing in the respective regulated fishing year, and for the next fishing on board written confirmation issued by mesh areas, or as otherwise specified year, will be calculated based upon the the Regional Administrator, that the under § 648.92(b)(8)(ii). Tags must be fishing history associated with the vessel is a Day gillnet vessel. obtained as described in vessel’s permit, as described in (i) Number and size of nets. Vessels § 648.4(c)(2)(iii), and vessels must have paragraph (l)(1) of this section, as may not fish with, haul, possess, or on board written confirmation issued by reduced as specified in paragraph (l)(2) deploy more than the number of nets the Regional Administrator, indicating of this section. specified in paragraphs (k)(1)(i)(A) that the vessel is a Day gillnet vessel. (6) Large Mesh Individual DAS through (D) of this section, when fishing The vessel operator must produce all category—DAS allocation. Beginning in the respective regulated mesh areas, net tags upon request by an authorized August 1, 2002, for a vessel fishing provided the nets are tagged in officer. A vessel may have tags on board under the Large Mesh Individual DAS accordance with paragraph (k)(1)(ii) of in excess of the number of tags category, NE multispecies DAS available this section, unless otherwise specified corresponding to the allowable number for use for the May 1, 2002, through in this paragraph. Such vessels, in of nets, provided such tags are onboard April 30, 2003, fishing year, and for the accordance with § 648.23(b), may stow the vessel and can be made available for next fishing year, will be calculated additional nets not to exceed 160, inspection. based upon the fishing history counting deployed nets. Nets may not (A) When fishing in the GOM associated with the vessel’s permit, as be longer than 300 ft (91.4 m), or 50 Regulated Mesh Area, roundfish nets described in paragraph (l)(1) of this fathoms, in length. must be tagged with two tags per net, section, as reduced as specified in (A) A Day gillnet vessel fishing under with one tag secured to each bridle of paragraph (l)(2) of this section, and then a NE multispecies DAS and fishing in every net, within a string of nets, and increased by 36 percent. To be eligible the GOM Regulated Mesh Area, as flatfish nets must have one tag per net, to fish under the Large Mesh Individual described in § 648.80(a)(1), may not fish with one tag secured to every other DAS category, a vessel, while fishing with, haul, possess, or deploy more than bridle of every net within a string of under this category, must fish under the 50 roundfish gillnets or 100 flatfish nets. specific regulated mesh area minimum gillnets, except as provided in (B) When fishing in the Mid-Atlantic mesh size restrictions, as specified in § 648.92(b)(8)(i). Vessels may fish any Regulated Mesh Area, roundfish must paragraphs (a)(3)(iii), (a)(4)(iii), (b)(2)(iii) combination of roundfish and flatfish be tagged with two tags per net, with and (c)(2)(ii) of this section. gillnets up to 100 nets, provided that the one tag secured to each bridle of every (7) Large Mesh Fleet DAS category— number of roundfish and flatfish gillnets net, with a string of nets, and flatfish DAS allocation. Beginning August 1, does not exceed the limitations gillnets must be tagged with one tag per 2002, for a vessel fishing under the specified in this paragraph (k)(1)(i)(A). net, with one tag secured to every other Large Mesh Fleet DAS category, NE (B) A Day gillnet vessel fishing under bridle of every net within a string of multispecies DAS available for use for a NE multispecies DAS and fishing in nets.
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(C) When fishing in the GB Regulated with, haul, possess, or deploy more than (5) Removal of nets from the water. Mesh Area, roundfish or flatfish gillnets 75 nets, except as provided in Gillnets must be removed from the must be tagged with 2 tags per net, with § 648.92(b)(8)(i). Vessels may fish any water when the vessel’s annual NE one tag secured to each bridle of every combination of roundfish and flatfish multispecies DAS allocation has been net, within a string of nets. gillnets, up to 75 nets. used. (D) When fishing in the SNE (D) A Trip gillnet vessel fishing under (l) Used DAS baseline and DAS Regulated Mesh Area, roundfish or a NE multispecies DAS and fishing in reduction—(1) Used DAS baseline. For flatfish gillnets must be tagged with 2 the Mid-Atlantic Regulated Mesh Area all valid limited access NE multispecies tags per net, with one tag secured to is not subject to a restrictions on permits and NE multispecies each bridle of every net within a string number of allowable nets. confirmation of permit histories (CPH), of nets secured to every other bridle of (ii) Tagging requirements. When beginning with the 2002 fishing year, a every net within a string of nets. fishing under a NE multispecies DAS, vessel’s used DAS baseline will be * * * * * all gillnets fished, hauled, possessed, or based on the fishing history associated (2) Trip gillnet vessels. When fishing deployed by a vessel in the Trip gillnet with its permit and will be determined under a NE multispecies DAS, a Trip category, must be tagged according to by the highest number of DAS fished gillnet vessel is required to remove all the provisions specified in paragraphs during a single fishing year, as specified gillnet gear from the water before calling (k)(2)(ii)(A) through (C) of this section, in paragraphs (l)(1)(i) through (iv) of this out of a NE multispecies DAS under when fishing in the respective regulated section, during the 5-year period from May 1, 1996, through April 30, 2001, § 648.10(c)(3), and must comply with mesh areas, or as otherwise specified not to exceed the vessel’s annual the restrictions specified in paragraphs under § 648.92(b)(8)(ii) or under allocation prior to August 1, 2002. If the (k)(2)(i) and (ii) of this section. When paragraph (k)(2)(ii)(D) of this section. highest number of DAS fished under not fishing under a NE multispecies Tags must be obtained as described in such permit during a single fishing year DAS, Trip gillnet vessels may fish in an § 648.4(c)(2)(iii), and vessels must have is less than 10 DAS, the used DAS exempted fishery with gillnet gear as on board written confirmation issued by baseline will be 10 DAS. If a vessel that authorized under the exemptions the Regional Administrator, indicating was originally issued a limited access described in § 648.80. Vessels electing that the vessel is a Day gillnet vessel. NE multispecies permit was lawfully to fish under the Trip gillnet The vessel operator must produce all net tags upon request by an authorized replaced in accordance with the designation must have on board written replacement restrictions specified in confirmation issued by the Regional officer. A vessel may have tags on board in excess of the number of tags section § 648.4(a), then the used DAS Administrator, that the vessel is a Trip baseline will be defined based upon the gillnet vessel. corresponding to the allowable number of nets, provided such tags are on board DAS used by the original vessel and by (i) Number and size of nets. Vessels subsequent vessel(s) associated with the the vessel and can be made available for may not fish with, haul, possess, or permit during the 5-year period inspection. deploy more than the number of nets specified above. specified in paragraphs (k)(2)(i)(A) (A) When fishing in the GOM (i) Except as provided in paragraphs through (D) of this section, when fishing Regulated Mesh Area, roundfish or (l)(1)(ii) through (iv) of this section, in the respective regulated mesh areas, flatfish nets must be tagged with one tag historic DAS use will be determined as provided the nets are tagged in per net, secured to every other bridle of specified under the DAS notification accordance with paragraph (k)(1)(ii) of every net within a string of nets. requirements in § 648.10. this section, unless otherwise specified (B) When fishing in the GB Regulated (ii) For a vessel exempt from or not in this paragraph. Such vessels, in Mesh Area, roundfish or flatfish gillnets subject to the DAS notification system, accordance with § 648.23(b), may stow must be tagged with 2 tags per net, with specified in § 648.10, during the period additional nets not to exceed 160, one tag secured to each bridle of every May 1996 through June 1996, the counting deployed nets. Nets may not net, within a string of nets. vessel’s used DAS baseline for that be longer than 300 ft (91.4 m), or 50 (C) When fishing in the SNE period will be defined based on the fathoms, in length. Regulated Mesh Area, roundfish or vessel’s DAS use, calculated from vessel (A) A Trip gillnet vessel fishing under flatfish gillnets must be tagged with 2 trip reports submitted to NMFS prior to a NE multispecies DAS and fishing in tags per net, with one tag secured to April 9, 2002. the GOM Regulated Mesh Area, as each bridle of every net within a string (iii) For a vessel enrolled in a Large described in § 648.80(a)(1), may not fish of nets.secured to every other bridle of Mesh DAS category, as specified in with, haul, possess, or deploy more than every net within a string of nets. § 648.82(b)(6) and (7), calculation of the 150 gillnets, except as provided in (D) When fishing in the Mid-Atlantic used DAS baseline will be determined § 648.92(b)(8)(i). Vessels may fish any Regulated Mesh Area, gillnets are not based on the highest number of DAS combination of roundfish and flatfish required to be tagged. fished during a single fishing year gillnets up to 150 nets. (3) Lost tags. Vessel owners or during the 1996 through 2000 fishing (B) A Trip gillnet vessel fishing under operators are required to report lost, years, from May 1, 1996, through April a NE multispecies DAS and fishing in destroyed, and missing tag numbers as 30, 2001, not to exceed the vessel’s the GB Regulated Mesh Area as soon as feasible after tags have been allocation in any given year. That is, the described in § 648.80(a)(2), may not fish discovered lost, destroyed or missing, used DAS baseline shall not be based on with, haul, possess, or deploy more than by letter or fax to the Regional additional DAS the vessel fished under 50 nets, except as provided in Administrator. the Large Mesh DAS category. § 648.92(b)(8)(i). Vessels may fish any (4) Replacement tags. Vessel owners (iv) For vessels fishing under the Day combination of roundfish and flatfish or operators seeking replacement of lost, gillnet designation, as specified under gillnets, up to 50 nets. destroyed, or missing tags must request § 648.82(k)(1), used DAS, beginning on (C) A Trip gillnet vessel fishing under replacement of tags by letter or fax to May 1, 1997 (implementation of a NE multispecies DAS and fishing in the Regional Administrator. A check for differential DAS accounting for gillnet the SNE Regulated Mesh Area as the cost of the replacement tags must be vessels, i.e., Framework Adjustment 20), described in § 648.80(b)(1), may not fish received before tags will be re-issued. for trips greater than 3 hours but less
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than or equal to 15 hours, will be decision on appeal is the final decision cod). A vessel that has been called into counted as 15 hours. Trips less than or of the Department of Commerce. only part of an additional 24-hr block of equal to 3 hours, or greater than 15 (ii) Status of vessel’s pending appeal a DAS (e.g. a vessel that has been called hours, will be counted as actual time. of used DAS baseline. While a vessel’s into the DAS program for more than 24 (2) DAS reduction. For fishing years used DAS baseline is under appeal, the hr but less than 48 hr) may land up to beginning May 1, 2002, and May 1, vessel is limited to fishing with the an additional 500 lb (272.2 kg) of cod for 2003, a NE multispecies DAS vessel, number of DAS in accordance with that trip provided the vessel complies unless otherwise specified in paragraph § 648.80(l). with § 648.86(b)(1)(ii). Cod on board a (l)(2) of this section, shall be allocated 9. In § 648.83, paragraph (a)(1) is vessel subject to this landing limit must 80 percent of its DAS baseline specified revised to read as follows: § 648.83 be separated from other species of fish under paragraph (l)(1) of this section. Multispecies minimum fish sizes. and stored so as to be readily available (a) * * * An additional 36 percent will be (1) Minimum fish sizes for for inspection. subsequently added and available for recreational vessels and charter/party (ii) * * * use for participants in the Large Mesh vessels that are not fishing under a NE (A) The vessel operator does not call- DAS categories, as described at multispecies DAS are specified in out of the DAS program as described § 648.80(b)(6) and (7), provided the § 648.89. Except as provided in § 648.17, under § 648.10(c)(3) and does not depart participants comply with the applicable all other vessels are subject to the from a dock or mooring in port, unless gear restrictions. following minimum fish sizes, transiting as allowed in paragraph (b)(3) (i) NE multispecies DAS fished by a determined by total length (TL): of this section, until the rest of the vessel during the period May 1, 2002, additional 24-hr block of the DAS has through July 31, 2002, will be deducted MINIMUM FISH SIZES (TL) FOR elapsed regardless of whether all of the from the DAS available for use for the COMMERCIAL VESSELS cod on board is offloaded (e.g., a vessel 2002 fishing year, as calculated under that has been called into the DAS § 648.80(l)(2). Sizes program for 25 hr, at the time of (ii) For vessels fishing under the Day Species (inches) landing, may land only up to 1000 lb gillnet designation, as specified in (454.5 kg) of cod, provided the vessel § 648.82(k)(1), NE multispecies DAS for Cod ...... 22 (55.9 cm) does not call out of the DAS program or the period May 1, 2002, through July 31, Haddock ...... 19 (48.3 cm) leave port until 48 hr have elapsed from 2002, for trips greater than 3 hours, but Pollock ...... 19 (48.3 cm) Witch flounder (gray sole) .. 14 (35.6 cm) the beginning of the trip). less than or equal to 15 hours, will be Yellowtail flounder ...... 13 (33.0 cm) (2) Georges Bank Cod Landing and counted as 15 hours. Trips less than or American plaice (dab) ...... 14 (35.6 cm) equal to 3 hours, or greater than 15 Atlantic halibut ...... 36 (91.4 cm) Maximum Possession Limits. (i) For hours, will be counted as actual time. Winter flounder (blackback) 12 (30.5 cm) each fishing year, a vessel that is exempt (iii) For vessels fishing with gear other Redfish ...... 9 (22.9 cm) from the landing limit described in than gillnet gear, NE multispecies DAS paragraph (b)(1) of this section and used for the period May 1, 2002, * * * * * fishing under a NE multispecies DAS through July 31, 2002, will be counted 10. In § 648.86, paragraphs (b)(1)(i), may land up to 2,000 lb (907.2 kg) of as actual time. (b)(1)(ii)(A), (b)(2) and (b)(3) are revised cod during the first 24-hr period after (iv) Beginning on August 1, 2002, if and paragraph (h) is added to read as the vessel has started a trip on which the number of DAS used by a vessel follows: cod were landed (e.g., a vessel that starts a trip at 6 a.m. may call out of the DAS during the May 1 through July 31, 2002, § 648.86 Multispecies possession period equals or exceeds the number of restrictions. program at 11 a.m. and land up to 2,000 DAS available for use calculated by lb (907.2 kg)), but the vessel cannot land * * * * * any more cod on a subsequent trip until NMFS as described in this section, the (b) * * * number of DAS available for use for the (1) * * * at least 6 a.m. on the following day). For remainder of the 2002 fishing year will (i) Except as provided in paragraph each trip longer than 24 hr, a vessel may be zero, unless the vessel has available (b)(1)(ii) and (b)(4) of this section, and land up to an additional 2,000 lb (907.2 carry-over days from the previous subject to the call-in provision specified kg) for each additional 24-hr block of fishing year, as specified under in § 648.10(f)(3)(i), a vessel fishing DAS fished, or part of an additional 24- paragraph (a)(1) of this section. under a NE multispecies DAS may land hr block of DAS fished, up to a (3) Appeal of used DAS baseline. (i) only up to 500 lb (272.3 kg) of cod maximum of 20,000 lb (9,071.8 kg) per A vessel’s used DAS baseline as during the first 24-hr period after the trip (e.g., a vessel that has been called determined under paragraph (l)(1) of vessel has started a trip on which cod into the DAS program for 48 hr or less, this section, may be appealed to the were landed (e.g., a vessel that starts a but more than 24 hr, may land up to, but Regional Administrator, by submitting a trip at 6 a.m. may call our of the DAS no more than 4,000 lb (1,814.4 kg) of written request to appeal. The request to program at 11 a.m. and land up to 500 cod). A vessel that has called into only appeal must be received by the Regional lb (272.3 kg), but the vessel cannot land part of an additional 24-hr block of a Administrator no later than August 31, any more cod on a subsequent trip until DAS (e.g., a vessel that has called into 2002. The request to appeal must be in at least 6 a.m. on the following day). For the DAS program for more than 24 hr, writing and provide credible evidence each trip longer than 24 hr, a vessel may but less than 48 hr) may land up to an that the information used by the land up to an additional 500 lb (272.2 additional 2,000 lb (907.2 kg) of cod for Regional Administrator in making the kg) for each additional 24-hr block of that trip of cod for that trip provided the determination of the vessel’s DAS DAS fished, or part of an additional 24- vessel complies with 648.86(b)(2)(ii). baseline was based on mistaken or hr block of DAS fished, up to a Cod on board a vessel subject to this incorrect data. The decision on appeal maximum of 4,000 lb (1,818.2 kg) per landing limit must be separated from shall be determined solely on the basis trip (e.g., a vessel that has been called other species of fish and stored so as to of written information submitted, unless into the DAS program for more than 24 be readily available for inspection. the Regional Administrator specifies hr, but less than 48 hr, may land up to, (ii) A vessel subject to the cod landing otherwise. The Regional Administrator’s but no more than 1,000 lb (454.5 kg) of limit restrictions described in paragraph
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(b)(1)(i) of this section may come into consecutive days (when fishing under such permit as of August 1, 2002. A port with and offload cod in excess of the NE multispecies DAS program). vessel issued a valid open access NE the landing limit as determined by the Vessels subject to these restrictions may multispecies Handgear permit is subject number of DAS elapsed since the vessel transit the SNE Regulated Mesh Area to the following restrictions: called into the DAS program, provided and south of 40°00′ N. lat. with (1) The vessel may possess and land that: yellowtail flounder on board the vessel, up to 200 lb (90.9 kg) of cod, haddock, (A) The vessel operator does not call- provided that the gear is stowed in and yellowtail flounder, combined, one out of the DAS program as described accordance with one of the provisions of Atlantic halibut, per trip, and unlimited under § 648.10(c)(3) and does not depart § 648.23(b). amounts of the other NE multispecies, from a dock or mooring in port, unless (2) Yellowtail flounder possession provided that the vessel does not use or transiting as allowed in paragraph (b)(3) limit north of 40°00′ N. lat in the possess on board gear other than rod of this section, until the rest of the Southern New England Regulated Mesh and reel or handlines while in additional 24-hr block of the DAS has Area. Beginning August 1, 2002, except possession of, fishing for, or landing NE elapsed, regardless of whether all of the when fishing under the recreational and multispecies, and provided it has at cod on board is offloaded (e.g., a vessel charter/party restrictions specified least one standard tote on board. that has been called into the DAS under § 648.89, a vessel issued a NE * * * * * program for 25 hr, at the time of multispecies permit and fishing any 12. In § 648.89, paragraphs (b)(1), (c), landing, may land only up to 4,000 lb portion of a trip under a NE and (e)(1) are revised to read as follows: ° ′ (1,814.4 kg) of cod, provided the vessel multispecies DAS north of 40 00 N. lat. § 648.89 Recreational and charter/party does not call out of the DAS program or in the SNE Regulated Mesh Area is restrictions. subject to the following requirements leave port until 48 hr have elapsed from * * * * * and trip limits in order to fish for, the beginning of the trip). (b) * * * possess, or land yellowtail flounder: (B) [Reserved] (1) Minimum fish sizes. Persons (i) The vessel possesses on board a (3) Transiting. A vessel that has aboard charter or party vessels yellowtail authorization letter issued by exceeded the cod landing limit as permitted under this part and not specified in paragraphs (b)(1) and (2) of the Regional Administrator. (ii) The vessel does not fish south of fishing under the NE multispecies DAS this section, and is, therefore, subject to program, and private recreational the requirement to remain in port for the 40°00’ N. lat. for a minimum of 30 consecutive days (when fishing under fishing vessels in the EEZ, may not period of time described in paragraphs retain fish smaller than the minimum (b)(1)(ii)(A) and (b)(2)(ii)(A) of this the NE multispecies DAS program). Vessels subject to these restrictions may fish sizes, measured in total length (TL) section, may transit to another port as follows: during this time, provided that the transit the area south of 40°00′ N. lat. provided that the gear is stowed in vessel operator notifies the Regional MINIMUM FISH SIZES (TL) FOR CHAR- Administrator either at the time the accordance with one of the provisions of TER, PARTY, AND PRIVATE REC- vessel reports its hailed weight of cod or § 648.23(b). at a later time prior to transiting, and (iii) During the period March through REATIONAL VESSELS provides the following information: May, vessels may land or possess on board only up to 250 lb (113.6 kg) of Sizes Vessel name and permit number, Species (inches) destination port, time of departure, and yellowtail flounder per trip; and estimated time of arrival. A vessel (iv) During the period June through Cod ...... 23 (58.4 cm) transiting under this provision must February, vessels may land only up to Haddock ...... 23 (58.4 cm) stow its gear in accordance with one of 750 lb (340.9 kg) of yellowtail flounder Pollock ...... 19 (48.3 cm) the methods specified in § 648.23(b) and per DAS, or any part of a DAS, up to a Witch flounder (gray sole) .. 14 (35.6 cm) may not have any fish on board the maximum possession limit of 3,000 lb Yellowtail flounder ...... 13 (33.0 cm) Atlantic halibut ...... 36 (91.4 cm) vessel. (1,364.0 kg) per trip. (3) Yellowtail flounder prohibition American plaice (dab) ...... 14 (35.6 cm) * * * * * south of 40°00′ N. lat. Beginning August Winter flounder (blackback) 12 (30.5 cm) (h) Yellowtail Flounder—(1) 1, 2002, unless fishing under the Redfish ...... 9 (22.9 cm) Yellowtail flounder possession limit recreational and charter/party ° ′ * * * * * north of 40 00 N. lat. in the Georges restrictions specified under § 648.89, or (c) Cod and haddock possession Bank or Gulf of Maine Regulated Mesh transiting as provided for under restrictions—(1) Private recreational Area. Beginning August 1, 2002, except § 648.86(h)(1) or (2), a vessel not in vessels. (i) Each person on a private when fishing under the recreational and possession of a valid exemption letter or recreational vessel may possess per trip charter/party restrictions specified a vessel fishing any portion of a trip no more than 10 cod and/or haddock, under § 648.89, there is no possession south of 40°00′ N. lat is prohibited from combined, in, or harvested from the limit for yellowtail flounder for a vessel possessing or landing yellowtail EEZ, unless further restricted under issued a NE multispecies permit and flounder. fishing under a NE multispecies DAS paragraph (c)(1)(ii) of this section. ° ′ 11. In § 648.88, the introductory text north of 40 00 N. lat. in either the GB for paragraph (a), and paragraph (a)(1) (ii) During the period December 1 or GOM Regulated Mesh Area, provided are revised to read as follows: through March 31, each person on a the vessel complies with the following private recreational vessel fishing any requirements in order to fish for § 648.88 Multispecies open access permit part of a trip in the GOM Regulated possess, or land yellowtail flounder: restrictions. Mesh Area as defined in § 648.80(a)(1), (i) The vessel possess on board a (a) Handgear permit. Beginning may possess no more than 10 cod and/ yellowtail exemption letter issued by August 1, 2002, NE multispecies open or haddock combined, no more than 5 the Regional Administrator. access Handgear permits shall not be of which may be cod, in, or harvested (ii) The vessel does not fish in the issued to any vessel that has never been from the EEZ. SNE Regulated Mesh Area, or south of issued such permit, or has not (iii) For purposes of counting fish, 40°00′ N. lat. for a minimum of 30 submitted a complete application for fillets will be converted to whole fish at
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the place of landing by dividing the (e) * * * § 648.92 Effort-control program for number of fillets by two. If fish are (1) Gulf of Maine Closed Areas. A monkfish limited access vessels. filleted into a single (butterfly) fillet, vessel fishing under charter/party * * * * * such fillet shall be deemed to be from regulations may not fish in the Gulf of (b) * * * one whole fish. Maine closed areas specified in (iv) Cod and haddock harvested by § 648.81(g)(1) through (i)(1), during the (2) Category C and D limited access private recreational vessels with more time periods specified in those sections, monkfish permit holders. Each than one person aboard may be pooled unless the vessel has on board a letter monkfish DAS used by a limited access in one or more containers. Compliance of authorization issued by the Regional multispecies or scallop vessel holding a with the possession limit will be Administrator pursuant to Category C or D limited access monkfish determined by dividing the number of §§ 648.81(g)(2)(iii) and 648.89(e)(3). The permit shall also be counted as a fish on board by the number of persons letter of authorization is required for a multispecies or scallop DAS, as on board. If there is a violation of the minimum of 3 months if the vessel applicable, except where, beginning possession limit on board a vessel intends to fish in the seasonal GOM August 1, 2002, a Category C or D vessel carrying more than one person, the closure areas, or required for the rest of that has an allocation of multispecies violation shall be deemed to have been the fishing year, beginning with the start DAS under § 648.82(l) that is less than committed by the owner or operator of of the participation period of the letter 40 (the number of monkfish DAS) may the vessel. of authorization, if the vessel intends to (v) Cod and haddock must be stored fish under Category A or B provisions, fish in the year-round GOM closure as applicable, for the number of DAS so as to be readily available for areas. inspection. that equal the difference between 40 and (2) Charter/party vessels. Charter/ * * * * * the number of allocated multispecies party vessels fishing any part of a trip 13. In § 648.91, paragraphs (c)(1)(i) DAS. For such vessels, when the total in the GOM Regulated Mesh Area as and (ii) are revised to read as follows: allocation of multispecies DAS have defined in § 648.80(a)(1), are subject to § 648.91 Monkfish regulated mesh areas been used, a monkfish DAS may be used the following possession limit and restrictions on gear and methods of without concurrent use of a restrictions: fishing. multispecies DAS. (For example, if a (i) During the period April 1 through * * * * * monkfish Category D vessel’s November 30, each person on the vessel (c) * * * multispecies DAS allocation is 30, and may possess no more than 10 cod and/ (1) * * * the vessel fished 30 monkfish DAS, 30 or haddock combined. (i) Trawl nets while on a monkfish multispecies DAS would also be used. (ii) During the period December 1 DAS. Except as provided in paragraph However, after all 30 multispecies DAS through March 31, each person on the (c)(1)(ii) of this section, the minimum are used the vessel may utilize its vessel may possess no more than 10 cod mesh size for any trawl net, including remaining 10 monkfish DAS to fish on and/or haddock combined, no more beam trawl nets, used by a vessel fishing than 5 of which may be cod. monkfish, without a multispecies DAS under a monkfish DAS is 10-inch (25.4- (iii) For purposes of counting fish, being used, provided that the vessel fillets will be converted to whole fish at cm) square or 12-inch (30.5-cm) fishes under the regulations pertaining the place of landing by dividing the diamond mesh throughout the codend to a Category B vessel and does not number of fillets by two. If fish are for at least 45 continuous meshes retain any regulated multispecies.) forward of the terminus of the net. The filleted into a single (butterfly) fillet, * * * * * such fillet shall be deemed to be from minimum mesh size for the remainder (8) * * * one whole fish. of the trawl net is the regulated mesh (iv) Cod and haddock harvested by size specified under § 648.80(a)(3), (i) Number and size of nets. A vessel charter/party vessels with more than (a)(4), (b)(2)(i), or (c)(2)(i) of the issued a monkfish limited access permit one person aboard may be pooled in one Northeast multispecies regulations, or fishing under a monkfish DAS may or more containers. Compliance with depending upon and consistent with the not fish with, haul, possess, or deploy the possession limits will be determined NE multispecies regulated mesh area more than 150 gillnets. A vessel issued by dividing the number of fish on board being fished. a NE multispecies limited access permit by the number of persons on board. If (ii) Trawl nets while on a monkfish and a limited access monkfish permit, and NE multispecies DAS. For vessels there is a violation of the possession or fishing under a monkfish DAS, may issued a Category C or D limited access limits on board a vessel carrying more fish any combination of monkfish, monkfish permit and fishing with trawl than one person, the violation shall be roundfish, and flatfish gillnets, up to deemed to have been committed by the gear under both a monkfish and NE multispecies DAS, the minimum mesh 150 nets total, provided that the number owner or operator of the vessel. of monkfish, roundfish, and flatfish (v) Cod and haddock must be stored size is that allowed under regulations so as to be readily available for governing mesh size at § 648.80(a)(3), gillnets is consistent with the inspection. (a)(4), (b)(2)(i), or (c)(2)(i), depending limitations of § 648.82. Nets may not be (3) Atlantic halibut. Charter and party upon, and consistent with, the NE longer than 300 ft (91.4 m), or 50 vessels permitted under this part, and multispecies regulated mesh area being fathoms, in length. recreational fishing vessels fishing in fished. * * * * * the EEZ, may not possess, on board, * * * * * [FR Doc. 02–16266 Filed 6–26–02; 3:53 pm] more than one Atlantic halibut. 14. In § 648.92, paragraphs (b)(2) and BILLING CODE 3510–22–P * * * * * (b)(8)(i) are revised to read as follows:
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Notices Federal Register Vol. 67, No. 126
Monday, July 1, 2002
This section of the FEDERAL REGISTER led to high fuel loading, which is and prior to the decision. The Forest contains documents other than rules or problematic near private inholdings and Service has sought and will continue to proposed rules that are applicable to the urban interfaces. In addition, water seek information, comments and public. Notices of hearings and investigations, quality in the South Fork and tributaries assistance from Federal, State and local committee meetings, agency decisions and has been affected by past management agencies and other individuals or rulings, delegations of authority, filing of petitions and applications and agency actions. Several populations of organizations who may be interested in, statements of organization and functions are genetically pure westslope cutthroat or affected by, the proposed action. trout are found in the South Fork. examples of documents appearing in this Electronic Access and Filing Addresses section. Improved habitat for these species is key to their survival. The enclosed map Comments may be sent by electronic shows where, within the analysis area, mail (e-mail) to mailroom_r1_lewis_ _ DEPARTMENT OF AGRICULTURE there are opportunities to take action to and [email protected]. Please reference address these objectives and meet the the Judith Restoration EIS on the subject Forest Service goals outlined below. This EIS will line. Also, include your name and review six alternatives. mailing address with your comments so Judith Restoration EIS—Lewis and documents pertaining to this project Clark National Forest Decisions To Be Made may be mailed to you. The Forest Supervisor will decide AGENCY: Forest Service, USDA. Estimated Dates for Filing whether and where vegetative treatment ACTION: Notice of intent to prepare an and road/trail activities would take The Draft EIS is expected to be filed environmental impact statement. place in the project area. He will decide with the Environmental Protection Agency (EPA) and to be available for SUMMARY: The Forest Service will the number of acres and miles of road/ trail, if any, on which activity would public review by winter, 2002/2003. At prepare an environmental impact that time EPA will publish a Notice of statement on a proposal to treat dry take place and the types of treatment methods to be used. He will decide Availability of the draft EIS in the forest types, whitebark pine, limber pine Federal Register. The comment period and aspen, the need to reduce fuels near when any management activities would take place, what mitigation measures on the draft EIS will be 45 days from the the urban interface, the need to improve date the EPA publishes the Notice of water quality combined with the timing would be implemented to address concerns, and whether the action Availability in the Federal Register. It is of a State facilitated sub-basin review, very important that those interested in and opportunities for westslope requires amendment(s) to the Lewis and Clark Forest Plan. the management of this area participate cutthroat trout habitat enhancement. at that time. The analysis area encompasses Responsible Official The final EIS is scheduled to be approximately 214,000 acres of the Rick Prausa, Forest Supervisor, is the completed by July, 2003. In the final Judith Ranger District, Lewis and Clark Responsible Official for making the EIS, the Forest Service is required to National Forest, Judith Basin County, decision to implement any of the respond to comments received during Montana. alternatives evaluated. He will the comment period that pertain to the DATES: It is anticipated that the draft EIS document his decision and rationale in environmental consequences of the will be released for review and a Record of Decision. action, as well as those pertaining to comment in the winter 2002/2003. applicable laws, regulations, and Preliminary Issues ADDRESSES: Send written comments to policies. These will be considered in Betty Holder, Judith District Ranger, Issues associated with this analysis making a decision regarding the Lewis and Clark National Forest, Box that have been submitted from initial proposal. scoping efforts include impacts of 484, Stanford, MT 59479. Electronic The Reviewers Obligation To Comment mail may be sent to comment/ proposed activities on wildlife and fish The Forest Service believes it is [email protected] species and their habitat, soil resources, Wilderness Study Area, Inventoried important to give reviewers notice at FOR FURTHER INFORMATION CONTACT: Roadless Areas, water quality and water this early stage of several court rulings Jennifer Johnsten, EIS Co-team Leader, yield, and forest health. related to public participation in the (406) 791–7700 or Betty Holder, EIS Co- environmental review process. First, team Leader (406) 566–2292. Public Involvement, Rationale, and reviewers of draft environmental impact SUPPLEMENTARY INFORMATION: The Forest Public Meetings statements must structure their Service proposes vegetation treatment Initial scoping for this project began participation in the environmental and road and trail closures/ in April 2001. A letter was sent to 120 review of the proposal so that it is modifications on the Judith Ranger individuals requesting comment on the meaningful and alerts an agency to the District within the Little Belt proposed action. A 45-day review reviewer’s position and contentions. Mountains, which includes the Middle period for comments on the Draft EIS Vermont Yankee Nuclear Power Corp. v. Fork and South Fork of the Judith River. will be provided. Comments received NRDC, 435 U.S. 519, 553 (1978). Also, A preliminary assessment determined will be considered and included in environmental objections that could be this area to have a high percentage of documentation of the Final EIS. The raised at the draft environmental impact dry forest types, such as Douglas-fir, public is encouraged to take part in the statement stage but that are not raised which are currently overstocked, largely process and to visit with Forest Service until after completion of the final due to fire suppression. This has also officials at any time during the analysis environmental impact statement may be
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waived or dismissed by the courts. Coordinator, 10301 Baltimore Ave., Comments Wisconsin Heritages, Inc. v. Harris, 490 Room 113; Beltsville, MD 20705; Fax: Comments are invited on (a) whether 301–504–6409. Submit electronic F. Supp. 1334, 1338 (E.D. Wis. 1980). the proposed collection of information comments to [email protected]. Because of these court rulings, it is very is necessary for the proper performance important that those interested in this FOR FURTHER INFORMATION CONTACT: of the functions of the agency, including proposed action participate by the close Yvette Alonso, 301–504–3774. whether the information will have of the 45-day comment period so that SUPPLEMENTARY INFORMATION: practical utility; (b) the accuracy of the substantive comments and objections Title: Food Safety Research Activity. agency’s estimate of the burden of the are made available to the Forest Service OMB Number: Not yet assigned. proposed collection of information, at a time when it can meaningfully Expiration Date: N/A. Type of Request: Approval for new including the validity of the consider them and respond to them in methodology and the assumptions used; the final environmental impact data collection. Abstract: The collection of food safety (c) ways to enhance the quality, utility, statement. and clarity of the information to be To assist the Forest Service in research activity using the Food Safety Research Activity form will provide collected; and (d) ways to minimize the identifying and considering issues and burden of the collection of information concerns on the proposed action, Web site users with the ability to submit project information and funding on those who respond, including the comments on the draft environmental use of appropriate automated, impact statement should be as specific opportunities to add to the food safety research searchable database. We will electronic, mechanical, or other as possible. It is also helpful if technology. Comments should be sent to comments refer to specific pages or review the data for accuracy and validity before posting the information the address in the preamble. All chapters of the draft statement. responses to this notice will be Comments may also address the in the database. This form will provide the Food Safety Research Information summarized and included in the request adequacy of the draft environmental for Office of Management and Budget impact statement or the merits of the Office (FSRIO) with an online resource to acquire data from organizations or (OMB) approval. All comments will alternatives formulated and discussed in become a matter of public record. the statement. Reviewers may wish to researchers who conduct research, refer to the Council on Environmental including foreign research Dated: June 13, 2002. Quality Regulations for implementing organizations, private research Caird E. Rexroad, the procedural provisions of the companies, government, educational Associate Deputy Administrator. National Environmental Policy Act at 40 environments and researchers [FR Doc. 02–16418 Filed 6–28–02; 8:45 am] CFR 1503.3 in addressing these points. themselves. These organizations or researchers maybe unknown to the Food BILLING CODE 3410–03–P Dated: June 24, 2002. Safety Research Information Office. The Lynn Johnson, Food Safety Research Activity form is a DEPARTMENT OF AGRICULTURE Acting Lewis and Clark Forest Supervisor. document comprised of 14 inquiry [FR Doc. 02–16420 Filed 6–28–02; 8:45 am] components where users submit Risk Management Agency BILLING CODE 3410–11–M research or funding activity. Information to be submitted includes, user contact Request for Applications (RFA): information (name, organization, email), Research Partnerships for Risk DEPARTMENT OF AGRICULTURE whether the activity being submitted is Management Development and a funding opportunity or current Implementation National Agricultural Library research project, if the research activity is funded by government, educational AGENCY: Federal Crop Insurance Notice of Intent To Seek Approval To institutions or private organizations and Corporation, USDA. Collect Information the name of this organization or agency ACTION: Announcement of availability of AGENCY: National Agricultural Library, and URL if available. The user enters funds and request for application. Agricultural Research Service, USDA. information on the specific research activity, including the project/funding SUMMARY: In accordance with section ACTION: Notice and Request for 522 of the Federal Crop Insurance Act comments. title, date of research, project number if available, location where research is (Act) the Federal Crop Insurance Corporation (FCIC) announces the SUMMARY: In accordance with the conducted, funding amount, contact Paperwork Reduction Act of 1995 (Pub. information for the project such as the availability of approximately $2 million L. 104–13) and Office of Management researcher who works on the project, the for partnership agreements that will and Budget (OMB) regulations at 5 CFR type of funding (grant, appropriated fund risk management research and part 1320 (60 FR 44978, August 29, funds, private), and a research abstract development activities. Priority will be 1995), this notice announces the providing a description of the activity. given to those activities addressing the National Agricultural Library’s intent to Estimate of Burden: Public reporting need for risk management tools for request approval for a new information burden for this collection of information producers of Noninsured Crop Disaster collection from the Food Safety is estimated to average 15 minutes per Assistance Program (NAP) crops, Research Information Office to obtain response. specialty crops, and underserved research and funding activity in food Respondents: Food safety research commodities. Awards, on a competitive safety. community, including food safety basis, may be for a period of up to two researchers in the private and public years. Recipients of awards must DATES: Comments on this notice must be sector and research grant administrators demonstrate non-financial benefits from received by September 4, 2002 to be or personnel. a partnership agreement and must agree assured of consideration. Estimated Number of Respondents: to substantial involvement of RMA in ADDRESSES: Address all comments 100 per year. the project. This announcement lists the concerning this notice to Yvette Alonso, Estimated Total Annual Burden on information needed to submit an Food Safety Research Information Office Respondents: 25 hours. application for these funds.
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Closing Date: The deadline for Part V—Review Process of burning on private forest land for the submission for all applications is 5 p.m. A. General prevention, control, and suppression of fire; • CST on August 15, 2002. The agency B. Evaluation Criteria and Weights To develop other risk management tools will not consider applications received C. Confidentiality to further increase economic and production Part VI—Additional Information stability; and after the deadline. A. Access to Panel Review Information FOR FURTHER INFORMATION: Applicants B. Partnership Agreement Awards D. Purpose may download an application package C. Confidential Aspects of Proposals and The purpose of this program is to fund from the Risk Management Agency Awards partnership agreements that assist producers, Website at: http:\\www.rma.usda.gov. D. Reporting Document minimize their production risks, maximize Applicants may also request an E. Audit Requirements their potential income, and improve and/or develop risk management tools for the application package from: David W. F. Prohibitions and Requirements with Regard to Lobbying nation’s producers. To aid in meeting these Fulk, Risk Management Agency, 6501 goals each partnership agreement awarded Beacon Drive, Stop 0813, Kansas City, Part I—General Information through this program will provide the Missouri 64133–4676, phone: (816) A. Legislative Authority recipient with funds, guidance, and the 926–6343, fax: (816) 926–7343, e-mail: substantial involvement of RMA to carry out This program is authorized under section these risk management initiatives. [email protected]. 522(d) and Section 506(h) of the Federal Crop Applicants are strongly encouraged to Insurance Act (Act), as amended. Part II—Eligibility/Funding submit completed and signed application packages using overnight B. Background A. Eligible Applicants mail or delivery service to ensure timely RMA is committed to meeting the risk Proposals are invited from qualified public receipt by the USDA. The applicable management needs and improving or and private entities. Eligible applicants address for such submissions is: RMA/ developing risk management tools for the include all colleges and universities, Federal, RED Partnership Agreement Program, nation’s farmers and ranchers. It does this by State, and local agencies, nonprofit and for- offering Federal crop insurance and other profit private organizations or corporations, Risk Management Agency, 6501 Beacon risk management products through a network and other entities. Individuals are not eligible Drive, Stop 0813, Kansas City, Missouri of private-sector entities, by overseeing the applicants. Although an applicant may be 64133–4676, e-mail: creation of new products, by seeking eligible to compete for an award based on its [email protected]. enhancements in existing products and by status as an eligible entity, other factors may Completed and signed application ensuring the integrity of crop insurance exclude an applicant from receiving Federal packages sent via the U.S. Postal Service programs. assistance under this program (e.g. must be sent to the following address: RMA’s research and contracting mission debarment and suspension, a determination RMA/RED Partnership Agreement was strengthened significantly when the Act of non-performance based on the information was amended in June of 2000. Section 522(d) submitted). Applicants must be able to Program, c/o David W. Fulk, USDA, of the Act authorizes RMA to enter into Risk Management Agency, 6501 Beacon demonstrate they will receive non-financial partnerships with public and private benefits as a result of the partnership Drive, Stop 0813, Kansas City, Missouri organizations for the purpose of increasing agreement. Non-financial benefits must 64133–4676. Applicants using the U.S. the availability of loss mitigation, financial, accrue to the applicant and must include Postal Service should allow for extra and other risk management tools for more than the ability to provide employment security-processing time for mail producers with a priority given to risk income to the applicant or for the applicant’s delivered to government offices. management tools for producers of NAP employees or the community. The applicant crops, specialty crops, and underserved must demonstrate that performance under Paperwork Reduction Act agricultural commodities. the partnership agreement will further the Under the provisions of the C. Project Objectives specific mission of the applicant (such as providing research or activities necessary for Paperwork Reduction Act of 1995, as The objectives of the partnerships as amended (44 U.S.C. chapter 25), the graduate or other students to complete their defined in section 522(d)(3)(A) through (E) educational programs). collection of information requirements and (G) of the Act are: contained in this announcement have • To enhance the notice and timeliness of B. Project Period been approved under OMB Document notice of weather conditions that could Each project will be funded for a period of Nos. 0348–0043, 0348–0044, and 0348– negatively affect crop yields, quality, and up to two years for the activities described 0046. final product use in order to allow producers in this announcement. Projects can also be in The Catalog of Federal Domestic to take preventive actions to increase product two parts with the first part including the Assistance Number for this program is profitability and marketability and to reduce research and feasibility studies and the the possibility of crop insurance claims; second part including the development of the 10.450. • To develop a multifaceted approach to risk management tool. If the development of SUPPLEMENTARY INFORMATION: This pest management and fertilization to the tool is determined not to be feasible, the announcement consists of six parts: decrease inputs, decrease environmental partnership may be cancelled after Part I—General Information exposure, and to increase application completion of the first part. A. Legislative Authority efficiency; • C. Availability of Funds B. Background To develop or improve techniques for C. Project Objectives planning, breeding, planting, growing, Approximately $2,000,000 is available in D. Purpose maintaining, harvesting, storing, shipping, FY2002 to fund partnership agreements. It is Part II—Eligibility/Funding and marketing that will address quality and expected that the awards will be made on or A. Eligible Applicants quantity production challenges associated about September 1, 2002 [30 days after B. Project Period with year-to-year and regional variations; application deadline]. C. Availability of Funds • To clarify labor requirements and assist Part III—Research Program Description Part III—Research Program Description producers in complying with requirements to A. Recipient Activities better meet the physically intense and time- In conducting activities to achieve the B. RMA Activities compressed planting, tending, and harvesting purpose of this proposed research and Part IV—Preparation of an Application requirements associated with the production development of risk management tools, the A. Program Application Materials of specialty crops and underserved recipient will be responsible for the activities B. Content of Applications agricultural commodities; listed under paragraph A of this part. RMA C. Submission of Applications • To provide assistance to State foresters, will be responsible for the activities listed D. Acknowledgement of Applications or equivalent officials, for the prescribed use under paragraph B.
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A. Recipient Activities B. Content of Applications applications by facsimile or through other The applicant will be required to perform A complete and valid application package electronic media. Therefore, applications the following activities: must include the following: transmitted electronically will not be 1. Develop a clear, concise research and 1. A completed and signed OMB Standard accepted regardless of the date or time of development project plan. The background, Form 424, ‘‘Application for Federal submission or the time of receipt. purpose, key project personnel, statement of Assistance’’. D. Acknowledgement of Applications work, deliverables and proposed funding 2. A completed and signed OMB Standard Receipt of applications will be must be thoroughly defined and described. Form 424–A, ‘‘Budget Information—Non- acknowledged by e-mail, whenever possible. The project plan must clearly address one or construction Programs.’’ Indirect cost for Therefore, applicants are encouraged to more of the project objectives detailed in Part projects submitted in response to this provide e-mail addresses in their I section C. Project Objectives. The project solicitation are limited to 10 percent of the applications. If an e-mail address is not plan must demonstrate the non-financial total direct cost of the agreement. Separate funding should be proposed for research and indicated on an application, receipt will be benefits of the recipient and RMA and define acknowledged by letter. When received by the substantial involvement of the RMA. development of the risk management tools. 3. A written narrative (limited to 10 single- RMA, applications will be assigned an 2. Coordinate and manage the timely identification number. This number will be completion of the approved research and sided pages) that describes the proposed project and its applicability to the program communicated to applicants in the development activities. acknowledgement of receipt of applications. 3. Prepare a monthly summary report of objectives in Part I. C. of this RFA. The submission should include both the research An application identification number should project activities. be referenced in all correspondence regarding 4. Prepare a final written research report if and development aspects of the risk management tools, including the ability to the application. If the applicant does not applicable, and present the report to RMA. separate research and development aspects, if receive an acknowledgement within 15 days 5. Prepare the proposed risk management applicable, to permit separate funding. The of the submission deadline, the applicant tool and present the tool to RMA. If submission should also provide reviewers should contact David Fulk at (816) 926–6343. acceptable to RMA, the recipient may be with sufficient information to effectively required to make a presentation to the Board Part V—Review Process evaluate the application under the criteria of Directors. contained in Part V. A. General 6. Prepare educational curriculum and 4. An appendix containing any material for producers to enable them to Each application will be evaluated using a attachments that may support information in utilize the risk management tools developed three-part process. First, each application the narrative (Optional) under the partnership agreement and be will be screened by RMA personnel to ensure 5. A statement of the non-financial benefits that it meets the administrative requirements, included in the delivery of the education to of any partnership agreement to the recipient required producers. set forth in this announcement. and RMA. Second, each application will be evaluated B. RMA Activities 6. A completed and signed OMB standard by RMA and/or USDA personnel to Form LLL, ‘‘Disclosure of Lobbying 1. Collaborate on the research plan; determine if the proposal meets the Activities.’’ 2. RMA will advise the recipient on the objectives established in Part I. C. of this materials available over the internet and C. Submission of Applications RFA. Section 522(d) requires that partnership agreement priority be given for projects that through the RMA website (http:// 1. An original and two copies of the reach producers of (a) NAP crops; (b) www.rma.usda.gov) and be involved in the completed and signed application must be specialty crops, and (c) underserved gathering of any additional information that submitted in one package at the time of may be required;. initial submission. agricultural commodities. Third, a review 3. RMA will work with the recipient in all 2. All applications must be submitted by panel will consider the merits of all phases of the research and development of the deadline. Applications that do not meet applications that pass the final two parts of the risk management tool, and the all of the requirements in this announcement the review process. The panel will be educational efforts to enable producers to are considered as incomplete applications. comprised of at least three representatives utilize the risk management tool; and Late or incomplete applications will not be from USDA, other federal agencies, and 4. Collaborate with the recipient by considered in this competition and will be others representing public and private developing all materials associated with the returned to the applicant. organizations, as needed. The narrative and research and development program as it 3. Applications submitted through express, any appendixes provided by each applicant relates to publication or presentation of the overnight mail or another delivery service will be used by the review panel to evaluate results and the risk management tools to the will be considered as meeting the announced the merits of the proposed research and public, any producer groups, RMA, and the deadline if they are received in the mailroom development project. The panel will examine Board of Directors. at the address stated above for express, and rank all applications and award merit evaluation points based on the ‘‘Evaluation C. Other Activities overnight mail or another delivery service on or before the deadline. Applicants are Criteria and Weights’’ contained in this RFA. In addition to the specific activities listed cautioned that express, overnight mail or B. Evaluation Criteria and Weights above, the applicant may suggest other other delivery services do not always deliver Applications will be evaluated according activities that would contribute directly to as agreed. Applicants should take this into to the following criteria: the purpose of this program. For any account because failure of such delivery additional activity suggested, the applicant services will not extend the deadline. The 1. Research and Development Objectives— should identify specific ways in which RMA address must appear on the envelope or Maximum 30 points could or should have substantial package containing the application with the involvement in that activity. The proposal must clearly define a note ‘‘Attention: RMA/RED Partnership research and development program designed Part IV—Preparation of an Application Application’’. to meet the objectives defined in Part I. C. of Mailed applications will be considered this RFA. The proposal that addresses the A. Program Application Materials meeting the announced deadline if they are needs of producers of; (a) NAP crops; (b) Applicants may download an application received on or before the deadline in the specialty crops; or (c) underserved package from the Risk Management Agency mailroom at the address stated above for commodities will receive higher rankings. website at: http://www.rma.usda.gov. mailed applications. Applicants are The application ranking and scoring for Applicants may also request an application responsible for mailing applications well in this criterion are: package from: David W. Fulk, USDA, RMA/ advance, to ensure that applications are RED, 6501 Beacon Drive, Stop 0813, Kansas received on or before the deadline time and Numbering and Scoring City, Missouri 64133–4676, phone: (816) date. Applicants using the U.S. Postal Service Highest—30 points 926–6343, fax: (816) 926–7343, e-mail: should allow for sufficient time for delivery. 2nd Highest—24 points [email protected]. RMA cannot accommodate transmissions of 3rd Highest—18 points
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4th Highest—12 points 2nd Highest—16 points award will be retained by RMA for a period 5th Highest—6 points 3rd Highest—12 points of one year. Other copies will be destroyed. 2. Indication of RMA Involvement and Non- 4th Highest—8 points Such a proposal will be released only with financial Benefits—Maximum 10 points 5th Highest—4 points the express written consent of the applicant The proposal clearly indicates areas of C. Confidentiality or to the extent required by law. A proposal substantial involvement by RMA in both the The names of applicants, the names of may be withdrawn at any time prior to research and development of the risk individuals identified in the applications, the award. management tool, and the educational efforts content of applications, and the panel D. Reporting Document to encourage producers to utilize the risk evaluations of applications will all be kept management tool and the proposal clearly confidential, except to those involved in the Applicants awarded the partnership indicates benefits derived from the review process, to the extent permitted by agreements will be required to submit semi- partnership that extend beyond the financial law. In addition, the identities of review annual progress and financial reports (SF– benefits or funding of the proposal. Examples panel members will remain confidential 269) throughout the project period, as well as of non-financial benefits would be the throughout the entire review process and will a final program and financial report not later benefits derived by an educational institution not be released to applicants. At the end of by providing research and development than 90 days after the end of the project the fiscal year, names of panel members will period. opportunities to students and enhancing the be made available. However, panelists will community involvement of the institution. not be identified with the review of any E. Audit Requirements Proposals that provide a more balanced particular application. involvement of both the recipient and RMA Applicants awarded the partnership will receive higher rankings. Part VI—Additional Information agreements are subject to audit. The application ranking and scoring for A. Access to Panel Review Information this criterion are: F. Prohibitions and Requirements With Upon written request, a copy of rating Regard to Lobbying Numbering and Scoring forms, not including the identity of Section 1352 of Public Law 101–121, Highest—10 points reviewers, will be sent to the applicant after enacted on October 23, 1989, imposes the review and awards process has been 2nd Highest—8 points prohibitions and requirements for disclosure 3rd Highest—6 points completed. and certification related to lobbying on 4th Highest—4 points B. Notification of Partnership Agreement 5th Highest—2 points recipients of Federal contracts, grants, Awards cooperative agreements, and loans. It 3. Research and Development Approach and Following approval of the applications provides exemptions for Indian Tribes and Methodology—Maximum 40 points selected for funding, notice of project tribal organizations. Current and prospective The proposal must clearly demonstrate a approval and authority to draw down funds recipients, and any subcontractors, are sound methodology and an innovative will be made to the selected applicants in prohibited from using Federal funds, other approach to the development project. The writing. Within the limit of funds available than profits from a Federal contract, for proposal must clearly and concisely detail for such purpose, the awarding official of lobbying Congress or any Federal agency in the research to be done, the risk management RMA shall enter into partnership agreements tool that will develop, the educational with those applicants whose applications are connection with the award of a contract, curriculum, materials, and delivery system to judged to be most meritorious under the grant, cooperative agreement, or loan. In enable producers to utilize the risk procedures set forth in this announcement. addition, for each award action in excess of management tool. Proposals that are to the The partnership agreement will provide the $100,000 ($150,000 for loans) the law most clear, concise, and complete will amount of Federal funds for use in the requires recipients and any subcontractors (1) receive the higher rankings. project period, the responsibilities and to certify that they have neither used nor will The application ranking and scoring for benefits of the recipient and RMA, the terms use any appropriated funds for payments of this criterion are: and conditions of the award, and the time lobbyists; (2) to disclose the name, address, Numbering and Scoring period for the project. payment details, and purpose of any The effective date of the partnership agreements with lobbyists whom recipients Highest—40 points agreement shall be the date the agreement is of their subcontractors will pay with profit or 2nd Highest—32 points executed by both parties. All funds provided 3rd Highest—24 points to the applicant by FCIC must be expended other nonappropriated funds on or after 4th Highest—16 points solely for the purpose for which funds are December 22, 1989; and (3) to file quarterly 5th Highest—8 points obligated in accordance with the approved up-dates about the use of lobbyists if material 4. Management—Maximum 20 points application and budget, the regulations, the changes occur in their use. The law The proposal clearly demonstrates the terms and conditions of the award, and the establishes civil penalties for non- applicants’’ ability and resources to applicability of Federal cost principles. No compliance. A copy of the certification and coordinate and manage the proposed commitment of Federal assistance beyond the disclosure forms must be submitted with the research and development project. The project period is made or implied, as a result application and are available from David proposal demonstrates the research approach of any award made pursuant to this Fulk at the above stated address and is cost effective and maximizes the use of the announcement. telephone number. funding. If the applicant has been the C. Confidential Aspects of Proposals and Signed in Washington, DC, on June 26, recipient of other Federal or other Awards government grants, cooperative agreements, 2002. contracts or partnerships, the applicant must When an application results in a Ross J. Davidson, Jr., also detail that they have consistently partnership agreement, it becomes a part of Manager, Federal Crop Insurance complied with financial and program the official record of RMA transactions, Corporation. reporting and audit requirements. Applicants available to the public upon specific request. that will employ, or have access to, personnel Information that the Secretary of Agriculture [FR Doc. 02–16502 Filed 6–28–02; 8:45 am] who have experience in risk management determines to be of a confidential, privileged, BILLING CODE 3410–08–P and the development of risk management or proprietary nature will be held in tools will receive higher rankings. confidence to the extent permitted by law. The application ranking and scoring for Therefore, any information that the applicant this criterion are: wishes to be considered confidential, privileged, or proprietary should be clearly Numbering and Scoring marked within an application. The original Highest—20 points copy of a proposal that does not result in an
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DEPARTMENT OF COMMERCE DEPARTMENT OF COMMERCE No specific manufacturing requests are being made at this time. Such Foreign-Trade Zones Board Foreign-Trade Zones Board requests would be made on a case-by- case basis. [Docket 43–2001] [Docket 28–2002] In accordance with the Board’s regulations, a member of the FTZ Staff Foreign-Trade Zone 146—Lawrence Foreign-Trade Zone 84, Houston, TX has been designated examiner to County, IL; Application for Subzone Application for Expansion investigate the application and report to Expansion-Subzone 146A, North An application has been submitted to the Board. American Lighting, Inc., Facilities, the Foreign-Trade Zones Board (the Public comment is invited from Flora and Salem, IL, (Automotive Board) by the Port of Houston interested parties. Submissions (original Lighting Products); Technical Authority, grantee of FTZ 84, requesting and 3 copies) shall be addressed to the Correction of Application authority to expand its zone to include Board’s Executive Secretary at one of the following addresses: Notice is hereby given that the a site at the Williams Terminals Holdings, L.P. (Williams) petroleum 1. Submissions Via Express/Package application of Board (the Board) by the Delivery Services: Foreign-Trade-Zones Bi-State Authority, grantee of FTZ 146, products storage terminal located near Galena Park, Harris County, Texas, Board, U.S. Department of Commerce, requesting authority on behalf of North Franklin Court Building—Suite 4100W, American Lighting, Inc. (NAL), operator within the Houston-Galveston Customs Port of Entry. The application was 1099 14th St. NW, Washington, DC of FTZ 146A, at the NAL automotive 20005; or lighting products manufacturing submitted pursuant to the provisions of the Foreign-Trade Zones Act, as 2. Submissions Via the U.S. Postal facilities in Flora and Salem, Illinois, to Service: Foreign-Trade-Zones Board, expand FTZ Subzone 146A to include a amended (19 U.S.C. 81a-81u), and the regulations of the Board (15 CFR part U.S. Department of Commerce, FCB— new site in Paris, Illinois, and Suite 4100W, 1401 Constitution Ave. requesting authority to expand the 400). It was formally filed on June 25, 2002. NW, Washington, DC 20230. scope of FTZ authority to include new The closing period for their receipt is manufacturing capacity under FTZ FTZ 84 was approved on July 15, 1983. The zone project currently August 30, 2002. Rebuttal comments in procedures (66 FR 56271, 11–7–01), has response to material submitted during been corrected to include an expansion consists of 14 sites in Harris County, Texas. the foregoing period may be submitted of the boundary of Site 1 at No. 20 during the subsequent 15-day period Industrial Park in Flora, Illinois. The The applicant is now requesting authority to expand the general-purpose until September 16, 2002. southern end of Site 1 would be A copy of the application and enlarged to include the Columbus zone to include Proposed Site 15 (196 acres)—at the Williams Terminals accompanying exhibits will be available Container Illinois, Inc., warehouse for public inspection at the Office of the parcel (19 acres). (The application Holdings, L.P. (Williams) petroleum terminal located in Harris County, Foreign-Trade Zones Board’s Executive initially appeared to list this parcel Secretary at address Number 1 listed within the existing Site 1 boundary.) Texas, near Galena Park. The site includes all of the facilities of the above, and at the U.S. Department of The application remains otherwise Commerce Export Assistance Center, unchanged. Williams Galena Park Terminal, including the buildings, dock facilities, 500 Dallas, Suite 1160, Houston, Texas The comment period is reopened 77002. until July 22, 2002. Submissions storage tanks, pipelines, manifolds, (original and three copies) shall be pumps, valves, filters, meters, etc. The Dated: June 25, 2002. addressed to the Board’s Executive terminal includes 138 storage tanks for Dennis Puccinelli, Secretary at the following addresses: intermediate and finished petroleum Executive Secretary. 1. Submissions via Express/Package products with a total capacity of [FR Doc. 02–16510 Filed 6–28–02; 8:45 am] Delivery Services: Foreign-Trade Zones 9,077,800 barrels. The facilities (50 BILLING CODE 3510–DS–P Board, U.S. Department of Commerce, employees) will primarily be used to Franklin Court Building—Suite 4100W, store and distribute intermediates and 1099 14th Street, NW., Washington, DC finished petroleum products for oil DEPARTMENT OF COMMERCE 20005; or, refineries and petrochemical plants. 2. Submissions via the U.S. Postal Some of the products are or will be International Trade Administration Service: Foreign-Trade Zones Board, sourced from abroad or from U.S. Antidumping or Countervailing Duty U.S. Department of Commerce, FCB– subzone refineries under zone Order, Finding, or Suspended 4100W, 1401 Constitution Ave., NW, procedures. Williams will be the Investigation; Opportunity To Request Washington, DC 20230. operator of the site. Administrative Review A copy of the application is available Zone procedures would exempt for public inspection at the Office of the Williams’ customers from Customs AGENCY: Import Administration, Foreign-Trade Zones Board’s Executive duties and federal excise taxes on International Trade Administration, Secretary at address No.1 listed above foreign status jet fuel used for Department of Commerce. international flights and from Customs and at the U.S. Department of ACTION: Notice of opportunity to request Commerce Export Assistance Center, duties on petroleum product exports. On domestic sales, customers would be administrative review of antidumping or Suite 2440, 55 West Monroe Street, countervailing duty order, finding, or Chicago, IL 60603. able to defer Customs duty payments on foreign status products until they leave suspended investigation. Dated: June 25, 2002. the facility. The application indicates Dennis Puccinelli, that the savings from zone procedures Background Executive Secretary. for its customers would help them Each year during the anniversary [FR Doc. 02–16511 Filed 6–28–02; 8:45 am] improve their international month of the publication of an BILLING CODE 3510–DS–P competitiveness. antidumping or countervailing duty
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order, finding, or suspension of Department conduct an administrative administrative review of the following investigation, an interested party, as review of that antidumping or orders, findings, or suspended defined in section 771(9) of the Tariff countervailing duty order, finding, or investigations, with anniversary dates in Act of 1930, as amended, may request, suspended investigation. July for the following periods: in accordance with § 351.213 (2001) of Opportunity To Request a Review: Not the Department of Commerce (the later than the last day of July 2002, Department) Regulations, that the interested parties may request
Period
Antidumping Duty Proceedings BELARUS: Solid Urea, A–822–801 ...... 7/1/01–6/30/02 BRAZIL: Industrial Nitrocellulose, A–351–804 ...... 7/1/01–6/30/02 BRAZIL: Silicon Metal, A–351–806 ...... 7/1/01–6/30/02 CHILE: Fresh Atlantic Salmon, A–337–803 ...... 7/1/01–6/30/02 ESTONIA: Solid Urea, A–447–801 ...... 7/1/01–6/30/02 FRANCE: Stainless Steel Sheet and Strip in Coils, A–427–814 ...... 7/1/01–6/30/02 GERMANY: Industrial Nitrocellulose, A–428–803 ...... 7/1/01–6/30/02 GERMANY: Stainless Steel Sheet and Strip in Coils, A–428–825 ...... 7/1/01–6/30/02 IRAN: In-Shell Pistachio Nuts, A–507–502 ...... 7/1/01–6/30/02 ITALY: Certain Pasta, A–475–818 ...... 7/1/01–6/30/02 ITALY: Stainless Steel Sheet and Strip in Coils, A–475–824 ...... 7/1/01–6/30/02 JAPAN: Cast Iron Pipe Fittings, A–588–605 ...... 7/1/01–6/30/02 JAPAN: Clad Steel Plate, A–588–838 ...... 7/1/01–6/30/02 JAPAN: Industrial Nitrocellulose, A–588–812 ...... 7/1/01–6/30/02 JAPAN: Stainless Steel Sheet and Strip in Coils, A–588–845 ...... 7/1/01–6/30/02 LITHUANIA:Solid Urea, A–451–801 ...... 7/1/01–6/30/02 MEXICO: Stainless Steel Sheet and Strip in Coils, A–201–822 ...... 7/1/01–6/30/02 REPUBLIC OF KOREA: Industrial Nitrocellulose, A–580–805 ...... 7/1/01–6/30/02 REPUBLIC OF KOREA: Stainless Steel Sheet and Strip in Coils, A–580–834 ...... 7/1/01–6/30/02 ROMANIA: Solid Urea, A–485–601 ...... 7/1/01–6/30/02 RUSSIA: Ferrovanadium and Nitrided Vanadium, A–821–807 ...... 7/1/01–6/30/02 RUSSIA: Solid Urea, A–821–801 ...... 7/1/01–6/30/02 TAJIKISTAN: Solid Urea, A–842–801 ...... 7/1/01–6/30/02 TAIWAN: Stainless Steel Sheet and Strip in Coils, A–583–831 ...... 7/1/01–6/30/02 THAILAND: Butt-Weld Pipe Fittings, A–549–807 ...... 7/1/01–6/30/02 THAILAND: Canned Pineapple, A–549–813 ...... 7/1/01–6/30/02 THAILAND: Furfuryl Alcohol, A–549–812 ...... 7/1/01–6/30/02 THE PEOPLE’S REPUBLIC OF CHINA: Bulk Aspirin, A–570–853 ...... 7/1/01–6/30/02 THE PEOPLE’S REPUBLIC OF CHINA: Butt-Weld Pipe Fittings, A–570–814 ...... 7/1/01–6/30/02 THE PEOPLE’S REPUBLIC OF CHINA: Industrial Nitrocellulose, A–570–802 ...... 7/1/01–6/30/02 THE PEOPLE’S REPUBLIC OF CHINA: Persulfates, A–570–847 ...... 7/1/01–6/30/02 THE PEOPLE’S REPUBLIC OF CHINA: Sebacic Acid, A–570–825 ...... 7/1/01–6/30/02 THE UNITED KINGDOM: Industrial Nitrocellulose, A–412–803 ...... 7/1/01–6/30/02 THE UNITED KINGDOM: Stainless Steel Sheet and Strip in Coils, A–412–818 ...... 7/1/01–6/30/02 TURKMENISTAN: Solid Urea, A–843–801 ...... 7/1/01–6/30/02 TURKEY: Certain Pasta, A–489–805 ...... 7/1/01–6/30/02 UKRAINE: Solid Urea, A–823–801 ...... 7/1/01–6/30/02 UZBEKISTAN: Solid Urea, A–844–801 ...... 7/1/01–6/30/02 Countervailing Duty Proceedings BRAZIL: Certain Hot-Rolled Carbon Steel Flat Products, C–351–829 ...... 1/1/01–12/31/01 EUROPEAN ECONOMIC COMMUNITY: Sugar, C–408–046 ...... 1/1/01–12/31/01 ITALY: Certain Pasta, C–475–819 ...... 1/1/01–12/31/01 TURKEY: Certain Pasta, C–489–806 ...... 1/1/01–12/31/01 Suspension Agreements BRAZIL: Hot-Rolled Flat-Rolled Carbon-Quality Steel Products, C–351–829 ...... 1/1/01–12/31/01 RUSSIA: Hot-Rolled Flat-Rolled Carbon-Quality Steel Products, A–821–809 ...... 1/1/01–12/31/01
In accordance with § 351.213(b) of the review, and the requesting party must specifically, on an order-by-order basis, regulations, an interested party as state why it desires the Secretary to which exporter(s) the request is defined by section 771(9) of the Act may review those particular producers or intended to cover. request in writing that the Secretary exporters. If the interested party intends Six copies of the request should be conduct an administrative review. For for the Secretary to review sales of submitted to the Assistant Secretary for both antidumping and countervailing merchandise by an exporter (or a Import Administration, International duty reviews, the interested party must producer if that producer also exports Trade Administration, Room 1870, U.S. specify the individual producers or merchandise from other suppliers) Department of Commerce, 14th Street & exporters covered by an antidumping which were produced in more than one Constitution Avenue, NW., Washington, finding or an antidumping or country of origin and each country of DC 20230. The Department also asks countervailing duty order or suspension origin is subject to a separate order, then parties to serve a copy of their requests agreement for which it is requesting a the interested party must state to the Office of Antidumping/
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Countervailing Enforcement, Attention: FOR FURTHER INFORMATION CONTACT: of Sales at Less Than Fair Value: Sheila Forbes, in room 3065 of the main Patricia Tran at (202) 482–1121 or Polyethylene Terephthalate Film, Sheet, Commerce Building. Further, in Robert James at (202) 482–0649, and Strip (PET Film) from Taiwan, 67 accordance with section 351.303(f)(l)(i) Antidumping and Countervailing Duty FR 35474 (May 20, 2002) (Final of the regulations, a copy of each Enforcement Group III, Office Eight, Determination)), to reflect the correction request must be served on every party Import Administration, International of a ministerial error made in the final on the Department’s service list. Trade Administration, U.S. Department determination. This correction is in The Department will publish in the of Commerce, 14th Street and accordance with section 735(e) of the Federal Register a notice of ‘‘Initiation Constitution Avenue NW, Washington, Tariff Act of 1930, as amended (the Act) of Administrative Review of DC 20230. and section 351.224 of the Department Antidumping or Countervailing Duty SUPPLEMENTARY INFORMATION: of Commerce’s (the Department’s) Order, Finding, or Suspended regulations. The period of investigation EXTENSION OF PRELIMINARY Investigation’’ for requests received by (POI) covered by this amended final RESULTS: the last day of July 2002. If the determination is April 1, 2000, through Department does not receive, by the last The Department published its notice March 31, 2001. This notice also day of July 2002, a request for review of of initiation of this review in the constitutes the antidumping duty order entries covered by an order, finding, or Federal Register on December 19, 2001. with respect to polyethylene suspended investigation listed in this See Initiation of Antidumping and terephthalate film, sheet, and strip (PET notice and for the period identified Countervailing Duty Administrative film) from Taiwan. above, the Department will instruct the Reviews, 66 FR 65470. Pursuant to the EFFECTIVE DATE: July 1, 2002. Customs Service to assess antidumping time limits for administrative reviews or countervailing duties on those entries set forth in section 751(a)(3)(A) of the FOR FURTHER INFORMATION CONTACT: Ron at a rate equal to the cash deposit of (or Tariff Act of 1930, as amended (the Trentham or Tom Futtner at (202) 482- bond for) estimated antidumping or Tariff Act), the current deadlines are 6320 or (202) 482-3814, respectively; countervailing duties required on those August 2, 2002 for the preliminary AD/CVD Enforcement, Office 4, Group entries at the time of entry, or results and November 30, 2002 for the II, Import Administration, Room 1870, withdrawal from warehouse, for final results. Because the Department International Trade Administration, consumption and to continue to collect must collect additional information U.S. Department of Commerce, 14th the cash deposit previously ordered. regarding the suspension agreement and Street and Constitution Avenue, NW, This notice is not required by statute entry requirements of the subject Washington, DC 20230. but is published as a service to the merchandise into the United States, it is SUPPLEMENTARY INFORMATION: international trading community. not practicable to complete this review Applicable Statute and Regulations Dated: June 26, 2002. within the normal statutory time limit. Unless otherwise indicated, all Holly A. Kuga, Therefore, the Department is extending the time limits for completion of the citations to the Act are references to the Senior Office Director, Group II, Office 4, provisions effective January 1, 1995, the Import Administration. preliminary results until December 2, effective date of the amendments made [FR Doc. 02–16512 Filed 6–28–02; 8:45 am] 2002 in accordance with section 751(a)(3)(A) of the Tariff Act. The to the Act by the Uruguay Round BILLING CODE 3510–DS–P deadline for the final results of this Agreements Act. In addition, unless review will continue to be 120 days otherwise indicated, all citations to the DEPARTMENT OF COMMERCE after publication of the preliminary Department’s regulations are to 19 CFR results. part 351 (April 2001). International Trade Administration This extension is in accordance with Scope of The Order section 751(a)(3)(A) of the Tariff Act. [A–823–808] For purposes of this order, the Dated: June 24, 2002 products covered are all gauges of raw, Notice of Extension of Time Limits for Joseph A. Spetrini, pretreated, or primed PET film, whether the Preliminary Results of Deputy Assistant Secretary for Import extruded or coextruded. Excluded are Administrative Review of the Administration, Group III. metallized films and other finished Suspension Agreement on Certain Cut- [FR Doc. 02–16506 Filed 6–28–02; 8:45 am] films that have had at least one of their to-Length Carbon Steel Plate from BILLING CODE 3510–DS–S surfaces modified by the application of Ukraine a performance-enhancing resinous or AGENCY: Import Administration, DEPARTMENT OF COMMERCE inorganic layer of more than 0.00001 International Trade Administration, inches thick. Imports of PET film are Department of Commerce. International Trade Administration classifiable in the Harmonized Tariff ACTION: Notice of Extension of Time Schedule of the United States (HTSUS) [A-533-824] Limits for the Preliminary Results of under item number 3920.62.00. HTSUS Administrative Review of the Notice of Amended Final Antidumping subheadings are provided for Suspension Agreement on Certain Cut- Duty Determination of Sales at Less convenience and Customs purposes. to-Length Carbon Steel Plate from Than Fair Value and Antidumping Duty The written description of the scope of Ukraine. Order: Polyethylene Terephthalate this proceeding is dispositive. SUMMARY: The Department of Commerce Film, Sheet, and Strip (PET Film) from Amended Final Determination Taiwan (the Department) is extending the time On May 20, 2002, in accordance with limits for the preliminary results of the AGENCY: Import Administration, sections 735(d) and 777(i)(1) of the Act, administrative review on the suspension International Trade Administration, the Department published its final agreement on cut-to-length carbon steel Department of Commerce. determination in this proceeding. See plate from Ukraine. SUMMARY: We are amending our final Final Determination, 67 FR 35474. EFFECTIVE DATE: July 1, 2002. determination (see Final Determination Pursuant to 19 CFR 351.224(c), on May
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20, 2002, we received a timely filed petitioners argue, however, that if the Taiwan, pursuant to section 735(b)(1)(A) submission from Nan Ya alleging that, Department revises its calculation of of the Act. Therefore, in accordance in the final determination, the COM, it should calculate the conversion with section 736(a)(1) of the Act, the Department made two ministerial errors cost by summing the labor, variable and Department will direct U.S. Customs to in calculating its margin. On May 28, fixed overhead costs incurred in the assess, upon further advice by the 2002, we received rebuttal comments stretching and slitting stages. Department, antidumping duties equal from the petitioners.1 In accordance with section 735(e) of to the amount by which the normal Nan Ya claims that the figure the the Act, we have determined that with value of the merchandise exceeds the Department chose to apply as adverse respect to the calculation revising total export price of the merchandise for all facts available (AFA) is inconsistent COM, we agree with Nan Ya that a relevant entries of PET film from with the Department’s underlying ministerial error was made in our final Taiwan. These antidumping duties will rational for its decision to apply AFA. margin calculations. Thus, we are be assessed on all unliquidated entries According to Nan Ya, the Department’s amending our final determination in of subject merchandise from Nan Ya methodology for deriving the AFA order to correct this ministerial error entered, or withdrawn from warehouse, figure fails to calculate this figure on the and consequently to revise the for consumption on or after May 20, basis of different products with different antidumping duty rate for Nan Ya. The 2002, the date of publication of the final product thicknesses. revised weighed-average dumping determination in the Federal Register. In rebuttal the petitioners contend margins for Nan Ya and for All Others For Shinkong Synthetic Fibers that Nan Ya’s allegation must be are listed below. We did not adopt Corporation and all other companies, rejected because it is outside the scope petitioners’ recommended solution antidumping duties will be assessed on of a ministerial error. The petitioners because it would require a change to the all unliquidated entries of subject argue that Nan Ya challenges the Department’s chosen methodology for merchandise entered, or withdrawn Department’s chosen ‘‘methodology for calculating NanYa’s COM and is outside from warehouse, for consumption on or deriving the adverse facts available the scope of a ministerial error. after December 21, 2001, the date on figure....’’ According to the petitioners, For a detailed analysis of the which the Department published its taking issue with the Department’s ministerial errors that we addressed, Notice of Preliminary Determination of substantial findings or methodological and the Department’s position on each, Sales at Less Than Fair Value and decisions are not valid claims of see the Memorandum to Bernard T. Postponement of Final Determination: ministerial error. Carreau from Holly A. Kuga and Neal M. Polyethylene Terephthalate Film, Sheet, We disagree with Nan Ya’s allegation Halper, dated concurrently with this and Strip (PET Film) From Taiwan, 66 that our cost adjustment ratio is a notice, regarding Ministerial Error FR 65889 (December 21, 2001). ministerial error and, thus, have not Allegations on file in room B-099 of the recalculated our AFA cost adjustment Main Commerce building. On or after the date of publication of ratio. this notice in the Federal Register, U.S. Further, Nan Ya claims that the Antidumping Duty Order Customs must require, at the same time Department has erroneously excluded On June 24, 2002, in accordance with as importers would normally deposit the material adjustment offset field in section 735(d) of the Act, the estimated duties, cash deposits for the the calculation of its revised total cost International Trade Commission (the subject merchandise equal to the of manufacture (COM). In rebuttal, the Commission) notified the Department of estimated weighted-average dumping petitioners agree that the Department’s its final determination that an industry margins listed below. The ‘‘All Others’’ method of calculating conversion costs in the United States is materially rate applies to all exporters of subject failed to properly account for Nan Ya’s injured by reason of less-than-fair-value merchandise not specifically listed adjustment to material costs. The imports of subject merchandise from below.
Revised Margin Manufacturer/exporter Margin (percent) (percent)
Nan Ya Plastics Corporation, Ltd...... 2.70 2.49 Shinkong Synthetic Fibers Corporation ...... 2.05 2.05 All Others ...... 2.56 2.40
This notice constitutes the Dated: June 25, 2002 DEPARTMENT OF COMMERCE antidumping duty order with respect to Joseph A. Spetrini, PET film from Taiwan. Interested Acting Assistant Secretary for Import International Trade Administration parties may contact the Department’s Administration. [A–533–824] Central Records Unit, Room B-099 of the [FR Doc. 02–16508 Filed 6–28–02; 8:45 am] main Commerce building, for copies of BILLING CODE 3510–DS–S Notice of Amended Final Antidumping an updated list of antidumping duty Duty Determination of Sales at Less orders currently in effect. Than Fair Value and Antidumping Duty This order is issued and published in Order: Polyethylene Terephthalate accordance with section 736(a) of the Film, Sheet, and Strip from India Act and AGENCY: Import Administration, 19 CFR 351.211. International Trade Administration, Department of Commerce.
1 and Toray Plastics (America) Inc. (collectively the The petitioners in this investigation are Dupont petitioners). Teijin Films, Mitsubishi Polyester Film of America
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SUMMARY: We are amending our final determination in this proceeding. See to the amount by which the normal determination (see Notice of Final Final Determination, 67 FR 34899. value of the merchandise exceeds the Determination of Sales at Less Than Pursuant to 19 CFR 351.224(c), on May export price of the merchandise (after Fair Value: Polyethylene Terephthalate 15, 2002, we received a timely filed adjusting for the export subsidy rate in Film, Sheet, and Strip from India, 67 FR submission from the petitioners1 the companion countervailing duty 34899 (May 16, 2002) (Final alleging that, in the final determination, order) for all relevant entries of Determination)) to reflect the correction the Department made two ministerial polyethylene terephthalate film, sheet, of a ministerial error made in the final errors in calculating the margin for one and strip from India. These determination. This correction is in of the respondents, Ester Industries antidumping duties will be assessed on accordance with section 735(e) of the Limited (Ester). Specifically, the all unliquidated entries of subject Tariff Act of 1930, as amended (the Act) petitioners allege that (1) the merchandise from India (except for and section 351.224 of the Department Department should use the date of the imports of subject merchandise of Commerce’s (the Department’s) final determination rather than the date produced and exported by Polyplex regulations. The period of investigation of the preliminary determination as the Corporation Limited) entered, or (POI) covered by this amended final payment date in calculating U.S. determination is April 1, 2000, through imputed credit expenses for transactions withdrawn from warehouse, for March 31, 2001. This notice also without payment dates, and (2) the consumption on or after December 21, constitutes the antidumping duty order Department failed to deduct from the 2001, the date on which the Department with respect to polyethylene export price (EP) certain bank charges published its Notice of Preliminary terephthalate film, sheet, and strip (PET associated with EP sales. Determination of Sales at Less Than film) from India. On May 20, 2002, we received Fair Value and Postponement of Final EFFECTIVE DATE : July 1, 2002. rebuttal comments from Ester regarding Determination: Polyethylene Terephthalate Film, Sheet, and Strip FOR FURTHER INFORMATION CONTACT: the petitioners’ allegation of ministerial From India, (66 FR 65893). Timothy Finn, Zev Primor, or Howard errors. Ester contends that the alleged Smith at (202) 482–0065, (202) 482– errors which the petitioners’ claim to be On or after the date of publication of 4114, and (202) 482–5193, respectively; ministerial fall outside the definition of this notice in the Federal Register, U.S. AD/CVD Enforcement, Office 4, Group a ‘‘ministerial error’’ and, as such, they Customs must require, at the same time II, Import Administration, Room 1870, should not be considered by the as importers would normally deposit International Trade Administration, Department. estimated duties, cash deposits for the U.S. Department of Commerce, 14th In accordance with section 735(e) of subject merchandise equal to the Street and Constitution Avenue, NW, the Act, we have determined that the estimated weighted-average dumping Department made a ministerial error Washington, DC 20230. margins listed below, adjusted for the only with respect to the payment dates SUPPLEMENTARY INFORMATION: export subsidy rate in the companion used to calculate U.S. imputed credit countervailing duty order. The ‘‘All Applicable Statute and Regulations expenses for transactions without Others’’ rate applies to all exporters of Unless otherwise indicated, all payment dates. We have adjusted our final margin calculations to reflect this subject merchandise not specifically citations to the Act are references to the listed below. provisions effective January 1, 1995, the correction. This correction changed Ester’s final antidumping duty margin effective date of the amendments made Manufacturer/exporter Margin (%) to the Act by the Uruguay Round from 24.11 percent to 24.14 percent. For a detailed analysis of the alleged Agreements Act. In addition, unless Ester Industries Limited .. 24.14 otherwise indicated, all citations to the ministerial errors, and the Department’s Polyplex Corporation Department’s regulations are to 19 CFR position on each, see the Memorandum Limited ...... *****2 part 351 (April 2001). to Bernard T. Carreau from Holly A. All Others ...... 24.14 Kuga, dated concurrently with this Scope of The Order notice, regarding the subject Ministerial 2 The Department calculated a weighted-av- Error Allegation on file in room B–099 erage dumping margin of 10.34 percent for For purposes of this order, the Polyplex before adjusting the margin for export products covered are all gauges of raw, of the Main Commerce building. subsidies for which the Department deter- pretreated, or primed PET film, whether Antidumping Duty Order mined to impose countervailing duties. How- extruded or coextruded. Excluded are ever, because the rate for Polyplex is zero On June 24, 2002, in accordance with after adjusting the dumping margin for the ex- metallized films and other finished port subsidies in the companion countervailing films that have had at least one of their section 735(d) of the Act, the duty order, Polyplex is excluded from the anti- surfaces modified by the application of International Trade Commission (the dumping duty order. a performance-enhancing resinous or Commission) notified the Department of This notice constitutes the inorganic layer of more than 0.00001 its final determination that an industry antidumping duty order with respect to inches thick. Imports of PET film are in the United States is materially classifiable in the Harmonized Tariff injured by reason of less-than-fair-value polyethylene terephthalate film, sheet, Schedule of the United States (HTSUS) imports of subject merchandise from and strip from India. Interested parties under item number 3920.62.00. HTSUS India, pursuant to section 735(b)(1)(A) may contact the Department’s Central subheadings are provided for of the Act. Therefore, in accordance Records Unit, Room B–099 of the main convenience and Customs purposes. with section 736(a)(1) of the Act, the Commerce building, for copies of an The written description of the scope of Department will direct U.S. Customs to updated list of antidumping duty orders this order is dispositive. assess, upon further advice by the currently in effect. Department, antidumping duties equal Amended Final Determination This order is issued and published in 1 The petitioners in this investigation are Dupont accordance with section 736(a) of the On May 16, 2002, in accordance with Teijin Films, Mitsubishi Polyester Film of America Act and 19 CFR 351.211. sections 735(d) and 777(i)(1) of the Act, and Toray Plastics (America) Inc. (collectively the the Department published its final petitioners).
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Dated: June 25, 2002 described below, effective August 1, underlying sales at less-than-fair-value Joseph A. Spetrini, 2001. investigation (see Notice of Final Acting Assistant Secretary for Import FOR FURTHER INFORMATION CONTACT: Determination of Sales at Less Than Administration. Michael Ferrier, Import Administration, Fair Value; Certain Tin Mill Products [FR Doc. 02–16513 Filed 6–28–02; 8:45 am] International Trade Administration, From Japan, 65 FR 39364 (June 26, BILLING CODE 3510–DS–S U.S. Department of Commerce, 14th 2000) (Final LTFV Investigation). On Street and Constitution Avenue, NW., January 25, 2002, the Department Washington, DC 20230; telephone (202) published a notice of initiation of a DEPARTMENT OF COMMERCE 482–1394. changed circumstances review of the The Applicable Statute and antidumping duty order on certain tin International Trade Administration Regulations. Unless otherwise mill products from Japan with respect to certain tin-free steel. See Initiation [A–588–854] indicated, all citations to the Tariff Act of 1930, as amended (the Act), are Notice. On March 8, 2002, the Certain Tin Mill Products From Japan: references to the provisions effective Department published the preliminary Final Results of Changed January 1, 1995, the effective date of the results of the changed circumstances Circumstances Review amendments made to the Act by the review. See Preliminary Results. In the Uruguay Round Agreements Act Initiation Notice and Preliminary AGENCY: Import Administration, (URAA). In addition, unless otherwise Results, we indicated that interested International Trade Administration, indicated, all citations to the parties could submit comments for Commerce. Department of Commerce’s (the consideration in the Department’s ACTION: Final results of changed Department’s) regulations are to the preliminary and final results. We did circumstances review. regulations at 19 CFR part 351 (2001). not receive any comments. On May 7, SUPPLEMENTARY INFORMATION 2002, Weirton Steel, the only petitioner EFFECTIVE DATE: July 1, 2002. producer in the underlying SUMMARY: On January 25, 2002, the Background investigation, stated that they do not Department of Commerce (‘‘the On August 28, 2000, the Department produce the merchandise in question. Department’’) published a notice of published in the Federal Register the Weirton did not oppose the partial initiation of a changed circumstances antidumping duty order on certain tin revocation. See Memorandum to File review with the intent to revoke, in part, mill products from Japan. See Notice of From Michael Ferrier, May 7, 2002. the antidumping duty order on certain Antidumping Duty Order: Certain Tin Scope of Review tin mill products from Japan with Mill Products from Japan 65 FR 52067 respect to certain tin-free steel as (August 28, 2000) (TMP Order). On The products covered by this described below. See Certain Tin Mill December 3, 2001, Okaya (U.S.A.), Inc. antidumping order are tin mill flat- Products From Japan: Notice of (‘‘Okaya’’), a U.S. importer requested rolled products that are coated or plated Initiation of Changed Circumstances that the Department revoke in part the with tin, chromium or chromium Review of the Antidumping Order, 67 antidumping duty order on certain tin oxides. Flat-rolled steel products coated FR 3686 (January 25, 2002) (‘‘Initiation mill products from Japan. Okaya also with tin are known as tin plate. Flat- Notice’’). On March 8, 2002, the requested that the partial revocation rolled steel products coated with Department published the preliminary apply retroactively for all unliquidated chromium or chromium oxides are results of the changed circumstances entries. Specifically, the U.S. importer known as tin-free steel or electrolytic review and preliminarily revoked this requested that the Department revoke chromium-coated steel. The scope order, in part, with respect to future the order with respect to imports includes all the noted tin mill products entries of tin-free steel described below, meeting the following specifications: regardless of thickness, width, form (in based on the fact that domestic parties Steel coated with a metallic chromium coils or cut sheets), coating type have expressed no interest in layer between 100–200 mg/m2 and a (electrolytic or otherwise), edge continuation of the order with respect to chromium oxide layer between 5–30 (trimmed, untrimmed or further these particular tin-free steel products. mg/m2; chemical composition of 0.05% processed, such and scroll cut), coating See Certain Tin Mill Products from maximum carbon, 0.03% maximum thickness, surface finish, temper, Japan: Preliminary Results of Changed silicon, 0.60% maximum manganese, coating metal (tin, chromium, Circumstances Review, 67 FR 10667 0.02% maximum phosphorous, and chromium oxide), reduction (single-or (March 8, 2002) (‘‘Preliminary Results’’). 0.02% maximum sulfur; magnetic flux double-reduced), and whether or not In our Initiation Notice, and our density (‘‘Br’’) of 10 kg minimum and a coated with a plastic material. All Preliminary Results, we gave interested coercive force (‘‘Hc’’) of 3.8 Oe products that meet the written physical parties an opportunity to comment; minimum. The U.S. importer indicated description are within the scope of this however, we did not receive any that, based on its consultations with order unless specifically excluded. The comments from domestic parties domestic producers, the domestic following products, by way of example, opposing the partial revocation of the producers lack interest in producing are outside and/or specifically excluded order. On May 7, 2002, Weirton Steel, this specialized product. from the scope of this order: the only petitioner producer in the On January 16, 2002, Weirton Steel, —Single reduced electrolytically underlying investigation, stated that the only petitioner producer in the chromium coated steel with a they do not produce the merchandise in underlying investigation filed a letter thickness 0.238 mm (85 pound base question. Weirton did not object to stating that they did not object to the box) (#10%) or 0.251 mm (90 pound partial revocation. Therefore, in our exclusion of this product from the order. base box) (#10%) or 0.255 mm (#10%) final results of the changed Weirton Steel, a domestic producer of with 770 mm (minimum width) circumstances review the Department tin mill products, together with the (#1.588 mm) by 900 mm (maximum hereby revokes this order with respect Independent Steelworkers Union and length if sheared) sheet size or to all unliquidated entries for the United Steelworkers of America, 30.6875 inches (minimum width) (# consumption of tin-free steel, as AFL-CIO, were the petitioners in the 1⁄16 inch) and 35.4 inches (maximum
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length if sheared) sheet size; with type 0.0299 inch, coated to thickness of 3⁄4 weld (identified with a paper flag) per MR or higher (per ASTM) A623 steel pound (0.000045 inch) and 1 pound coil, with a surface free of scratches, chemistry; batch annealed at T21⁄2 (0.00006 inch). holes, and rust. anneal temper, with a yield strength —Electrolytically chromium coated —Electrolytically tin coated steel having of 31 to 42 kpsi (214 to 290 Mpa); steel having ultra flat shape defined as differential coating with 1.00 pound/ 5 base box equivalent on the heavy side, with a tensile strength of 43 to 58 kpsi oil can maximum depth of ⁄64 inch (296 to 400 Mpa); with a chrome (2.0 mm) and edge wave maximum of with varied coating equivalents in the 2 lighter side (detailed below), with a coating restricted to 32 to 150 mg/m ; 5⁄64 inch (2.0 mm) and no wave to with a chrome oxide coating restricted penetrate more than 2.0 inches (51.0 continuous cast steel chemistry of 2 to 6 to 25 mg/m with a modified 7B mm) from the strip edge and coilset or type MR, with a surface finish of type ground roll finish or blasted roll curling requirements of average 7B or 7C, with a surface passivation of 0.7 mg/square foot of chromium finish; with roughness average (Ra) maximum of 5⁄64 inch (2.0 mm) (based 0.10 to 0.35 micrometers, measured on six readings, three across each cut applied as a cathodic dichromate with a stylus instrument with a stylus edge of a 24 inches (61 cm) long treatment, with coil form having radius of 2 to 5 microns, a trace length sample with no single reading restricted oil film weights of 0.3–0.4 of 5.6 mm, and a cut-off of 0.8 mm, grams/base box of type DOS–A oil, exceeding 4⁄32 inch (3.2 mm) and no and the measurement traces shall be coil inside diameter ranging from 15.5 more than two readings at 4⁄32 inch made perpendicular to the rolling (3.2 mm)) and (for 85 pound base box to 17 inches, coil outside diameter of a maximum 64 inches, with a direction; with an oil level of 0.17 to item only: crossbuckle maximums of maximum coil weight of 25,000 0.37 grams/base box as type BSO, or 0.001 inch (0.0025 mm) average 2 pounds, and with temper/coating/ 2.5 to 5.5 mg/m as type DOS, or 3.5 having no reading above 0.005 inch 2 dimension combinations of : (1) CAT to 6.5 mg/m as type ATBC; with (0.127 mm)), with a camber maximum electrical conductivity of static probe 4 temper, 1.00/.050 pound/base box of 1⁄4 inch (6.3 mm) per 20 feet (6.1 coating, 70 pound/base box (0.0077 voltage drop of 0.46 volts drop meters), capable of being bent 120 inch) thickness, and 33.1875 inch maximum, and with electrical degrees on a 0.002 inch radius ordered width; or (2) CAT5 temper, conductivity degradation to 0.70 volts without cracking, with a chromium drop maximum after stoving (heating 1.00/0.50 pound/base box coating, 75 coating weight of metallic chromium to 400 degrees F for 100 minutes pound/base box (0.0082 inch) at 100 mg/m\2\ and chromium oxide followed by a cool to room thickness, and 34.9375 inch or of 10 mg/m\2\, with a chemistry of temperature). 34.1875 inch ordered width; or (3) —Single reduced electrolytically 0.13% maximum carbon, 0.60% CAT5 temper, 1.00/0.50 pound/base chromium-or tin-coated steel in the maximum manganese, 0.15% box coating, 107 pound/base box gauges of 0.0040 inch nominal, 0.0045 maximum silicon, 0.20% maximum (0.0118 inch) thickness, and 30.5625 inch nominal, 0.0050 inch nominal, copper, 0.04% maximum inch or 35.5625 inch ordered width; 0.0061 inch nominal (55 pound base phosphorous, 0.05% maximum or (4) CADR8 temper, 1.00/0.50 box weight), 0.0066 inch nominal (60 sulfur, and 0.20% maximum pound/base box coating, 85 pound/ pound base box weight), and 0.0072 aluminum, with a surface finish of base box (0.0093 inch) thickness, and inch nominal (65 pound base box Stone Finish 7C, with a DOS–A oil at 35.5625 inch ordered width; or (5) weight), regardless of width, temper, an aim level of 2 mg/square meter, CADR8 temper, 1.00/0.25 pound/base finish, coating or other properties. with not more than 15 inclusions/ box coating, 60 pound/base box —Single reduced electrolytically foreign matter in 15 feet (4.6 meters) (0.0066 inch) thickness, and 35.9375 1 chromium coated steel in the gauge of (with inclusions not to exceed ⁄32 inch ordered width; or (6) CADR8 3 0.024 inch, with widths of 27.0 inches inch (0.8 mm) in width and ⁄64 inch temper, 1.00/0.25 pound/base box or 31.5 inches, and with T–1 temper (1.2 mm) in length), with thickness/ coating, 70 pound/base box (0.0077 properties. temper combinations of either 60 inch) thickness, and 32.9375 inch, —Single reduced electrolytically pound base box (0.0066 inch) double 33.125 inch, or 35.1875 inch ordered chromium coated steel, with a reduced CADR8 temper in widths of width. chemical composition of 0.005% max 25.00 inches, 27.00 inches, 27.50 —Electrolytically tin coated steel having carbon, 0.030% max silicon, 0.25% inches, 28.00 inches, 28.25 inches, differential coating with 1.00 pound/ max manganese, 0.025% max 28.50 inches, 29.50 inches, 29.75 base box equivalent on the heavy side, phosphorous, 0.025% max sulfur, inches, 30.25 inches, 31.00 inches, with varied coating equivalents on the 0.070% max aluminum, and the 32.75 inches, 33.75 inches, 35.75 lighter side (detailed below), with a balance iron, with a metallic inches, 36.25 inches, 39.00 inches, or continuous cast steel chemistry of chromium layer of 70–130 mg/m\2\, 43.00 inches, or 85 pound base box type MR, with a surface finish of type with a chromium oxide layer of 5–30 (0.0094 inch) single reduced CAT4 7B or 7C, with a surface passivation mg/m\2\ , with a tensile strength of temper in widths of 25.00 inches, of 0.5 mg/square foot of chromium 260–440 N/mm\2\ , with an 27.00 inches, 28.00 inches, 30.00 applied as a cathodic dichromate elongation of 28–48%, with a inches, 33.00 inches, 33.75 inches, treatment, with ultra flat scroll cut hardness (HR–30T) of 40–58, with a 35.75 inches, 36.25 inches, or 43.00 sheet form, with CAT 5 temper with surface roughness of 0.5–1.5 microns inches, with width tolerance of # 1⁄8 1.00/0.10 pound/base box coating, Ra, with magnetic properties of Bm inch, with a thickness tolerance of with a lithograph logo printed in a (KG)10.0 minimum, Br (KG) 8.0 #0.0005 inch, with a maximum coil uniform pattern on the 0.10 pound minimum, Hc (Oe) 2.5–3.8, and MU weight of 20,000 pounds (9071.0 kg), coating side with a clear protective 1400 minimum, as measured with a with a minimum coil weight of 18,000 coat, with both sides waxed to a level Riken Denshi DC magnetic pounds (8164.8 kg) with a coil inside of 15–20 mg/216 sq. in., with ordered characteristic measuring machine, diameter of 16 inches (40.64 cm) with dimension combinations of (1) 75 Model BHU–60. a steel core, with a coil maximum pound/base box (0.0082 inch) —Bright finish tin-coated sheet with a outside diameter of 59.5 inches thickness and 34.9375 inch × 31.748 thickness equal to or exceeding (151.13 cm), with a maximum of one inch scroll cut dimensions; or (2) 75
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pound/base box (0.0082 inch) meeting the specifications indicated India; Preliminary Results of thickness and 34.1875 inch × 29.076 above. Antidumping Duty Administrative inch scroll cut dimensions; or (3) 107 This notice also serves as a reminder Review, 67 FR 10358). The final results pound/base box (0.0118 inch) to parties subject to administrative are currently due no later than July 5, thickness and 30.5625 inch × 34.125 protective orders (APOs) of their 2002. The respondents are: Isibars, Ltd., inch scroll cut dimension. responsibility concerning the Panchmahal Steel Ltd., Patheja Forgings The merchandise subject to this order disposition of proprietary information & Auto Parts, Ltd., and Viraj Forgings, is classified in the Harmonized Tariff disclosed under APO in accordance Ltd. with 19 CFR 351.306. Timely written Schedule of the United States Statutory Time Limits (‘‘HTSUS’’), under HTSUS subheadings notification of the return/destruction of 7210.11.0000, 7210.12.0000, APO materials or conversion to judicial Section 751(a)(3)(A) of the Tariff Act 7210.50.0000, 7212.10.0000, and protective order is hereby requested. of 1930, as amended (the Tariff Act) 7212.50.0000 if of non-alloy steel and Failure to comply with the regulations requires the Department of Commerce under HTSUS subheadings and terms of an APO is a sanctionable (the Department) to make a final 7225.99.0090, and 7226.99.0000 if of violation. determination within 120 days after the alloy steel. Although the subheadings This determination is issued and date on which the preliminary are provided for convenience and published in accordance with sections determination is published. However, if Customs purposes, our written 751(b)(1) and 777(i)(1) of the Act and it is not practicable to complete the description of the scope of this review section 351.216 of the Department’s review within this time period, section is dispositive. regulations. 751(a)(3)(A) of the Tariff Act allows the Dated: June 14, 2002. Department to extend the time limit for Final Results of Changed Faryar Shirzad, the final results to 180 days (or 300 days Circumstances Review if the Department does not extend the Assistant Secretary for Import Pursuant to section 751(d) of the Act, Administration. time limit for the preliminary results) from the date of publication of the the Department may partially revoke an [FR Doc. 02–16505 Filed 6–28–02; 8:45 am] preliminary results. antidumping duty order based on a BILLING CODE 3510–DS–P review under section 751(b) of the Act. Extension of Final Results Deadline Section 782(h)(2) of the Act and The Department has determined that § 351.222(g)(1)(i) of the Department’s DEPARTMENT OF COMMERCE regulations provide that the Secretary because this review involves complex may revoke an order, in whole or in International Trade Administration issues, including affiliation allegations in regards to a U.S. customer, disputed part, based on changed circumstances if [A–533–809] ‘‘{p}roducers accounting for duty drawback adjustments, and the substantially all of the production of the correctness of major input pricing on Certain Stainless Steel Flanges from raw materials purchased from affiliated domestic like product to which the India; Extension of Time Limit For order (or the part of the order to be suppliers, it is not practicable to Final Results of Antidumping Duty complete the final results of review revoked) * * * pertains have expressed Administrative Review a lack of interest in the order, in whole within the original 120 day time limit or in part. * * *’’ In this context, the AGENCY: Import Administration, mandated by section 751(a)(3)(A) of the Department has interpreted International Trade Administration, Tariff Act and section 351.213(h)(1) of ‘‘substantially all’’ production normally Department of Commerce. the Department’s regulations. Therefore, to mean at least 85 percent of domestic SUMMARY: The Department of Commerce the Department is extending the time production of the like product (see Oil (the Department) is extending the time limit for completion of the final results Country Tubular Goods From Mexico: limits for the final results of the until September 3, 2002, in accordance Preliminary Results of Changed administrative review of the with 19 CFR 351.213(h)(2). Circumstances Antidumping Duty antidumping duty order on certain Dated: June 24, 2002 Administrative Review, 64 FR 14213, stainless steel flanges from India. Joseph A. Spetrini, 14214 (March 24, 1999)). EFFECTIVE DATE: July 1, 2002. Deputy Assistant Secretary For Import No domestic producers of tin mill FOR FURTHER INFORMATION CONTACT: Administration, Group III. products have expressed opposition to Thomas Killiam or Robert James, AD/ [FR Doc. 02–16507 Filed 6–28–02; 8:45 am] the partial revocation of the tin mill CVD Enforcement, Office 8, Group III, BILLING CODE 3510–DS–S products order following the Initiation Import Administration, International Notice and the Preliminary Results. For Trade Administration, U.S. Department these reasons the Department is of Commerce, 14th Street and DEPARTMENT OF COMMERCE partially revoking the order on tin mill Constitution Avenue, NW, Washington products from Japan, effective August 1, DC 20230; telephone: (202) 482–5222, or International Trade Administration 2001, with respect to all unliquidated (202) 482–0649, respectively. [C-533-825] entries for consumption of tin-free steel SUPPLEMENTARY INFORMATION: which meets the specifications detailed Notice of Countervailing Duty Order: above in accordance with sections Background Polyethylene Terephthalate Film, 751(b) and (d) and 782(h) of the Act and On March 7, 2002, the Department Sheet, and Strip (PET Film) from India 19 CFR 351.216. We will instruct the published in the Federal Register the U.S. Customs Service (‘‘Customs’’) to preliminary results of administrative AGENCY: Import Administration, liquidate without regard to antidumping review of the antidumping duty order International Trade Administration, duties, as applicable, and to refund any on certain stainless steel flanges from Department of Commerce. estimated antidumping duties collected India, covering the period February 1, EFFECTIVE DATE: July 1, 2002. for all unliquidated entries of certain tin 2000 through January 31, 2001 (Certain FOR FURTHER INFORMATION CONTACT: mill products (i.e., certain tin-free steel) Forged Stainless Steel Flanges From Mark Manning or Howard Smith at
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(202) 482-5253 or (202) 482-5193, with section 703(d) of the Act, and on Dated: June 25, 2002 respectively, AD/CVD Enforcement, all PET film from India entered or Joseph A. Spetrini, Office 4, Group II, Import withdrawn from warehouse for Acting Assistant Secretary for Import Administration, International Trade consumption on or after the date of Administration. Administration, U.S. Department of publication of this countervailing duty [FR Doc. 02–16509 Filed 6–28–02; 8:45 am] Commerce, 14th Street and Constitution order in the Federal Register. Section BILLING CODE 3510–DS–S Avenue, NW., Washington, DC 20230. 703(d) of the Act states that the SUPPLEMENTARY INFORMATION: suspension of liquidation pursuant to a preliminary countervailing duty DEPARTMENT OF COMMERCE The Applicable Statute and Regulations determination may not remain in effect Unless otherwise indicated, all for longer than four months. Thus, National Oceanic and Atmospheric citations to the statute are references to entries of PET film made on or after Administration the provisions effective January 1, 1995, February 19, 2002, and prior to the date [I.D. 052802E] the effective date of the amendments of publication of this order in the made to the Tariff Act of 1930, as Federal Register are not liable for the Small Takes of Marine Mammals amended, (the Act) by the Uruguay assessment of countervailing duties due Incidental to Specified Activities; Round Agreements Act. In addition, to the Department’s discontinuation, Missile Launch Operations From San unless otherwise indicated, all citations effective February 19, 2002, of Nicolas Island, CA to the Department of Commerce’s (the suspension of liquidation, pursuant to Department’s) regulations refer to the section 703(d) of the Act. AGENCY: National Marine Fisheries regulations codified at 19 CFR part 351 In accordance with section 706 of the Service (NMFS), National Oceanic and (April 2001). Act, the Department will direct U.S. Atmospheric Administration (NOAA), Commerce. Scope of Order Customs officers to reinstate the suspension of liquidation effective the ACTION: Notice of receipt of application For purposes of this order, the date of publication of this notice in the and proposed incidental harassment products covered are all gauges of raw, Federal Register and to assess, upon authorization; request for comments. pretreated, or primed PET film, whether further advice by the Department extruded or coextruded. Excluded are pursuant to section 706(a)(1) of the Act, SUMMARY: NMFS has received an metallized films and other finished countervailing duties for each entry of application from the U.S. Navy, Naval films that have had at least one of their the subject merchandise in an amount Air Weapons Station, China Lake, CA surfaces modified by the application of based on the net countervailable (NAWS) for an incidental harassment a performance-enhancing resinous or subsidy rate for the subject authorization (IHA) to take small inorganic layer of more than 0.00001 merchandise. numbers of marine mammals by inches thick. Imports of PET film are On or after the date of publication of harassment incidental to missile launch classifiable in the Harmonized Tariff this notice in the Federal Register, U.S. operations by Naval Air Warfare Center Schedule of the United States (HTSUS) Customs officers must require, at the Weapons Division, Point Mugu under item number 3920.62.00. HTSUS same time as importers would normally (NAWCWD) from the western end of subheadings are provided for deposit estimated duties on this San Nicolas Island, CA (SNI). Under the convenience and Customs purposes. merchandise, a cash deposit equal to the Marine Mammal Protection Act The written description of the scope of countervailable subsidy rates noted (MMPA), NMFS is requesting comments this order is dispositive. below. The ‘‘All Others’’ rate applies to on its proposal to authorize NAWS to Countervailing Duty Order all producers and exporters of PET film incidentally take, by harassment, small from India not specifically listed below. numbers of pinnipeds on SNI during 15 In accordance with section 705(d) of The cash deposit rates are as follows: launches of Vandal (or similar) vehicles the Act, on May 16, 2002, the BOXHD≤ and 5 launches of smaller subsonic Department published in the Federal missiles and targets for 1 year Register its final affirmative Cash Deposit commencing in August 2002. determination in the countervailing Producer/Exporter Rate DATES: Comments and information must duty investigation of PET film from be received no later than July 31, 2002. India (67 FR 34905). On June 24, 2002, Ester Industries Ltd...... 18.43% ad the International Trade Commission valorem ADDRESSES: Comments on the (ITC) notified the Department of its final Garware Polyester Ltd. ... 24.48% ad application should be addressed to valorem Donna Wieting, Chief, Marine Mammal determination, pursuant to section Polyplex Corporation Ltd. 18.66% ad 705(b)(1)(A)(i) of the Act, that an Conservation Division, Office of valorem Protected Resources, NMFS, 1315 East- industry in the United States is All Others ...... 20.40% ad materially injured by reason of imports valorem West Highway, Silver Spring, MD of PET film from India. 20910–3225. A copy of the NAWS Therefore, countervailing duties will This notice constitutes the application is available upon request be assessed on all unliquidated entries countervailing duty order with respect from the same address. of PET film from India entered, or to PET film from India, pursuant to FOR FURTHER INFORMATION CONTACT: withdrawn from warehouse, for section 706(a) of the Act. Interested Kenneth Hollingshead, NMFS, (301) consumption on or after October 22, parties may contact the Central Records 713–2322, ext. 128 or Christina Fahy, 2001, the date on which the Department Unit, room B-099 of the main Commerce NMFS, (562) 980–4023. published its preliminary countervailing building, for copies of an updated list of SUPPLEMENTARY INFORMATION: duty determination in the Federal countervailing duty orders currently in Register, but before February 19, 2002, effect. Background the date the Department instructed the This countervailing duty order is Sections 101(a)(5)(A) and (D) of the U.S. Customs Service to discontinue the published in accordance with section MMPA (16 U.S.C. 1361 et seq.) direct suspension of liquidation in accordance 706(a) of the Act and 19 CFR 351.211. the Secretary of Commerce to allow,
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upon request, the incidental, but not training requirements and (ANSI, 1994). In this document, all intentional taking of small numbers of meteorological and logistical sound levels have been provided with marine mammals by U.S. citizens who limitations. On occasion, two or three A-weighting. engage in a specified activity (other than launches may occur in quick succession Description of the Specified Activity commercial fishing) within a specified on a single day. In 2001, NAWCWD geographical region if certain findings conducted 9 launches of Vandal and Target missile launches from SNI are are made and either regulations are similar sized targets and 3 launches of used to support test and training issued or, if the taking is limited to subsonic targets from SNI. NAWS’ activities associated with operations on harassment, notice of a proposed request for an authorization to the Sea Range off Point Mugu, CA. SNI authorization is provided to the public incidentally harass small numbers of is under the land management for review. marine mammals on SNI in 2002 and responsibility of NAWS; however, Permission for incidental takings may 2003 anticipates 15 launches of Vandal planned missile and other target be granted if NMFS finds that the taking (or similar sized) vehicles from the launches are conducted by NAWCWD. will have no more than a negligible Alpha Launch Complex on SNI and 5 In general, two types of launch vehicles impact on the species or stock(s) and launches of smaller subsonic missiles are used, the Vandal and the smaller will not have an unmitigable adverse and targets for one year from either the subsonic missiles and targets. Other impact on the availability of the species Alpha Launch Complex or Building 807 vehicles used would be similar in size or stock(s) for subsistence uses and that commencing in August 2002. A detailed and weight or slightly smaller and the permissible methods of taking and description of the operations is would have characteristics generally requirements pertaining to the contained in the application (NAWS, similar to the Vandal. monitoring and reporting of such taking 2002) which is available upon request Vandal Target Missiles are set forth. (see ADDRESSES). The Vandal target missile is a NMFS has defined ‘‘negligible Measurement of Airborne Sound Levels relatively large, air-breathing (ramjet) impact’’ in 50 CFR 216.103 as ‘‘an The types of sounds discussed in vehicle with no explosive warhead that impact resulting from the specified is designed to provide a realistic activity that cannot be reasonably NAWS’ IHA application are airborne and impulsive. For this reason, the simulation of the mid-course and expected to, and is not reasonably likely terminal phase of a supersonic anti-ship to, adversely affect the species or stock applicant has referenced both pressure and energy measurements for sound cruise missile. These missiles are 7.7 through effects on annual rates of meters (m) (25.2 feet (ft)) in length with recruitment or survival.’’ levels. For pressure, the sound pressure level (SPL) is described in terms of a mass at launch of 3,674 kilograms (kg) Subsection 101(a)(5)(D) of the MMPA (8,100 lbs) including the solid established an expedited process by decibels (dB) re micro-Pascal (micro-Pa), and for energy, the sound exposure level propellant booster. There are variants of which citizens of the United States can the Vandal; they all have the same apply for an authorization to (SEL) is described in terms of dB re 2 dimensions, but differ in their incidentally take small numbers of micro-Pa -second. In other words, SEL is the squared instantaneous sound operational range. The Vandals are marine mammals by harassment. The pressure over a specified time interval, remotely controlled, non-recoverable MMPA defines ‘‘harassment’’ as: where the sound pressure is averaged missiles. These and most other targets * * * any act of pursuit, torment, or over 5 percent to 95 percent of the are launched from a land-based launch annoyance which (i) has the potential to duration of the sound (in this case, one site (hereafter referred to as Alpha injure a marine mammal or marine mammal Launch Complex) on the west-central stock in the wild (Level A harassment); or (ii) second). has the potential to disturb a marine mammal Airborne noise measurements are part of SNI. The Alpha Launch Complex or marine mammal stock in the wild by usually expressed relative to a reference is 192 m (630 ft) above sea level and is causing disruption of behavioral patterns, pressure of 20 micro-Pa, which is 26 dB approximately 2 kilometers (km)(1.25 including, but not limited to, migration, above the underwater sound pressure miles (mi)) from the nearest pinniped breathing, nursing, breeding, feeding, or reference of 1 micro-Pa. However, the haul-out site. Launch trajectories from sheltering (Level B harassment). conversion from air to water intensities Alpha Launch Complex vary from a Subsection 101(a)(5)(D) establishes a is more involved than this (Buck, 1995) near-vertical liftoff, crossing the west 45–day time limit for NMFS review of and beyond the scope of this document. end of SNI at an altitude of an application followed by a 30–day Also, airborne sounds are often approximately 3,962 m (13,000 ft) to a public notice and comment period on expressed as broadband A-weighted nearly horizontal liftoff, crossing the any proposed authorizations for the sound levels (dBA). A-weighting refers west end of SNI at an altitude of incidental harassment of small numbers to frequency-dependent weighting approximately 305 m (1,000 ft). of marine mammals. Within 45 days of factors applied to sound in accordance Vandal launches produce the the close of the comment period, NMFS with the sensitivity of the human ear to strongest noise source originating from must either issue or deny issuance of different frequencies. While it is aircraft or missiles in flight over SNI the authorization. unknown whether the pinniped ear beaches. Sound measurements were responds similarly to the human ear, a collected during two Vandal launches in Summary of Request study by C. Malme (pers. commun. to 1997 and 1999 and are reported in On April 9, 2002, NMFS received an NMFS, March 5, 1998) found that for Burgess and Greene (1998) and Greene application from NAWS requesting an predicting noise effects, A-weighting is (1999). Greene (1999) reported that authorization for the harassment of better than unweighted pressure levels received A-weighted SPL were found to small numbers of three species of because the pinniped’s highest hearing range from 123 dB (re 20 micro-Pa) (SEL marine mammals incidental to target sensitivity is at higher frequencies than of 126 dB re 20 micro-Pa2 -sec) at 945 missile launch operations conducted by that of humans. As a result, whenever m (3,100 ft) to 136 dB (re 20 ©Pa) (SEL NAWCWD on SNI, one of the Channel possible, NMFS provides both A- of 131 dB re 20 micro-Pa2 -sec) at 370 Islands in the Southern California Bight. weighted and unweighted sound m (1,215 ft). The most intense sound These operations may occur at any time pressure levels; where not specified for exposure occurred during the first 0.3 to during the year depending on test and in-air sounds, A-weighting is implied 1.9 seconds after launch.
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Subsonic Targets and Other Missiles ecosystem and its associated marine on the beaches, since movements of The subsonic targets and other mammals can be found in several personnel are restricted near the launch missiles are small unmanned aircraft documents (Le Boeuf and Brownell, sites 2 hours prior to launches for safety that are launched using jet-assisted take- 1980; Bonnell et al., 1981; Lawson et al., reasons. Reactions of pinnipeds on the western off (JATO) rocket bottles. Once 1980; Stewart, 1985; Stewart and Yochem, 2000; Sydeman and Allen, end of SNI to Vandal target launches launched, they continue offshore where 1999) and is not repeated here. have not been well-studied, but based they are used in training exercises to on studies of other rocket launch simulate various types of subsonic Marine Mammals activities and their effects on pinnipeds threat missiles and aircraft. The larger Many of the beaches in the Channel in the Channel Islands (Stewart et al., target, BQM–34, is 7 m (23 ft) long and Islands provide resting, molting or 1993), anticipated impacts can be has a mass of approximately 1,134 kg breeding places for species of pinnipeds predicted. In general, other studies have (2,500 lbs) plus the JATO bottle. The including: northern elephant seals shown that responses of pinnipeds on smaller BQM–74, is 420 centimeters (Mirounga angustirostris), harbor seals beaches to acoustic disturbance arising (cm) (165.5 inches (in)) long and has a (Phoca vitulina), California sea lions from rocket and target missile launches mass of approximately 250 kg (550 lbs) (Zalophus californianus), northern fur are highly variable. This variability may plus the JATO bottle. Other types of seals (Callorhinus ursinus), and Steller be due to many factors, including small missiles that may be launched sea lions (Eumetopias jubatus). On SNI, species, age class, and time of year. include the Exocet, Tomahawk, and three of these species, northern elephant Among species, northern elephant seals Rolling Airframe Missile (RAM). All of seals, harbor seals, and California sea seem very tolerant of acoustic these smaller targets are launched from lions, can be expected to occur on land disturbances (Stewart, 1981), whereas either the Alpha Launch Complex or in the area of the proposed activity harbor seals (particularly outside the from Building 807, a second launch site either regularly or in large numbers breeding season) seem more easily on the west end of SNI. Building 807 is during certain times of the year. disturbed. Research and monitoring at approximately 10 m (30 ft) above sea Descriptions of the biology and Vandenberg Air Force Base found that level and accommodates several fixed distribution of these three species and prolonged or repeated sonic booms, very and mobile launchers that range from 30 others in the region can be found in strong sonic booms or sonic booms m (98 ft) to 150 m (492 ft) from the Stewart and Yochem (2000, 1994), accompanying a visual stimulus, such nearest shoreline. For these smaller Sydeman and Allen (1999), Barlow et al. as a passing aircraft, are most likely to missiles, launch trajectories from (1993), Lowry et al.(1996), Schwartz stimulate seals to leave the haul-out area Building 807 range from 6 to 45 degrees (1994), Lowry (1999) and several other and move into the water. During three and cross over the nearest beach at documents (Barlow et al., 1997; NMFS, launches of Vandal missiles from SNI, altitudes from 9 to 183 m (30 to 600 ft). 2000; NMFS, 1992; Koski et al., 1998; California sea lions near the launch Sound measurements were collected Gallo-Reynoso, 1994; Stewart et al., track line were observed from video from the launch of a BQM–34S at Naval 1987). Please refer to those documents recordings to be disturbed and to flee Air Station (NAS) Point Mugu in 1997. and the application for further (both up and down the beach) from their Burgess and Greene (1998) found that information on these species. former resting positions. Launches of for this launch, the A-weighted SPL the smaller BQM–34 targets from NAS ranged from 92 dB (re 20 micro-Pa) (SEL Potential Effects of Target Missile Launches and Associated Activities on Point Mugu have not normally resulted of 102.2 dB re 20 micro-Pa2 -sec) at 370 Marine Mammals in harbor seals leaving their haul-out m (1,200 ft) to 145 dB (re 20 micro-Pa) area at the mouth of Mugu Lagoon, (SEL of 142.2 dB re 20 micro-Pa2 -sec) Sounds generated by the launches of which is approximately 3.2 km (2 mi) at 15 m (50 ft). These estimates are Vandal target missiles and smaller from the launch site. An Exocet missile approximately 20 dB lower than that of subsonic targets and missiles (BQM–34 launched from the west end of SNI a Vandal launch at similar distances or BQM–74 type) as they depart sites on appeared to cause far less disturbance to (Greene, 1999). SNI towards operational areas in the hauled out California sea lions than Point Mugu Sea Range have the General Launch Operations Vandal launches. Given the variability potential to take marine mammals by in pinniped response to acoustic Aircraft and helicopter flights harassment. Taking by harassment will disturbance, the Navy conservatively between NAS, Point Mugu on the potentially result from these launches assumes that biologically significant mainland, the airfield on SNI and the when pinnipeds on the beaches near the disturbance (i.e. takes by harassment) target sites in the Sea Range will be a launch sites are exposed to the sounds will sometimes occur upon exposure to routine part of any planned launch produced by the rocket boosters and the launch sounds with SEL’s of 100 dBA operation. These operational flights do high-speed passage of the missiles as (re 20 micro-Pa2 -sec) or higher. not pass at low level over the beaches they depart the island on their routes to From Lawson et al.(1998), the Navy where pinnipeds are expected to be the Sea Range. Extremely rapid determined a conservative estimate of hauled out. In addition, movements of departure of the Vandal and smaller the SEL at which temporary threshold personnel are restricted near the launch targets means that pinnipeds would be shift (TTS) (Level B harassment) may be sites 2 hours prior to a launch, no exposed to increased sound levels for elicited in harbor seals and California personnel are allowed on the western very short time intervals (i.e., a few sea lions (SEL of 145 dB re 20 micro-Pa2 end of SNI during Vandal launches, and seconds). Noise generated from aircraft -sec) and northern elephant seals (SEL various environmental protection and helicopter activities associated with of 165 dB re 20 micro-Pa2 -sec). The restrictions exist near the island’s the launches may provide a potential sound levels necessary to elicit mild beaches during other times of the year. secondary source of marine mammal TTS in captive California sea lions and harassment. The physical presence of harbor seals exposed to impulse noises, Description of Habitat and Marine aircraft could also lead to non-acoustic such as sonic booms, were tens of Mammals Affected by the Activity effects on marine mammals involving decibels higher (Bowles et al., 1999) A detailed description of the Channel visual or other cues. There are no than sound levels measured during Islands/southern California Bight anticipated effects from human presence Vandal launches (Burgess and Greene,
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1998; Greene, 1999). This evidence, in unpublished data). Along the launch launches will have no more than a combination with the known sound track and ahead of the BQM–34, the 100 negligible impact on pinniped levels produced by missiles launched dBA contour extends a shorter distance populations. from SNI (described later in this (549 m or 1,800 ft). For the smaller Given that this activity will happen document), suggests that no pinnipeds BQM–74 and Exocet missiles, the Navy infrequently, and will produce only will be exposed to TTS-inducing SELs predicts that the 100 dBA contours will brief, rapid-onset sounds, it is unlikely during planned launches. be smaller still. The free field modeling Based on modeling of sound scenario used to predict these acoustic that pinnipeds hauled out on beaches at propagation in a free field situation, contours does not account for the western end of SNI will exhibit Burgess and Greene (1998) data were transmission losses caused by wind, much, if any, habituation to target used by the Navy to predict that Vandal intervening topography, and variations missile launch activities. In addition, target launches from SNI could produce in launch trajectory or azimuth. the infrequent and brief nature of these a 100–dBA acoustic contour that Therefore, the predicted 100 dBA sounds will cause masking for not more extends an estimated 4,263 m (13,986 ft) contours may be smaller at certain than a very small fraction of the time perpendicular to its launch track. In beach locations and for different launch (usually less than 2 seconds per launch) other words, Vandal target launch trajectories. during any single day. Therefore, the sounds are predicted to exceed the SEL In general, the extremely rapid Navy assumes that these occasional and (100 dBA) disturbance criteria out to a departure of the Vandal and smaller brief episodes of masking will have no distance of 4,263 m (13,986 ft) from the targets means that pinnipeds could be significant effects on the abilities of Alpha Launch Complex. Northern exposed to increased sound levels for pinnipeds to hear one another or to elephant seals, harbor seals, and very short time intervals (a few seconds) detect natural environmental sounds California sea lions haul out in areas potentially leading to alert and startle that may be relevant to the animals. within the perimeter of this 100-dBA responses from individuals on haul out contour for Vandal launches. For BQM– sites in the vicinity of launches. Since Numbers of Marine Mammals Expected 34 launches from Alpha Launch preliminary observations of the to Be Taken by Harassment Complex, the Navy assumes that the 100 responses of pinnipeds to Vandal dBA contour extends an estimated 1,372 launches at SNI have not shown injury, NAWS estimates that the following m (4,500 ft), perpendicular to its launch mortality, or extended biological numbers of marine mammals may be track (C. Malme, Engineering and disturbance, the Navy anticipates that subject to Level B harassment, as Scientific Services, Hingham, MA, the effects of the planned target defined in 50 CFR 216.3:
Species by MMPA Stock Designation Minimum Abundance Esti- Harassment Takes in 2001 mate of Stock1
Northern Elephant Seal (California Stock) 51,625 <2,390 Harbor Seal (California Stock) 27,962 <457 California Sea Lion (U.S. Stock) 109,854 10,086 Northern Fur Seal (San Miguel Stock) 2,336 3 1. From 1999–2000 NMFS Marine Mammal Stock Assessment Reports.
Effects of Target Missile Launches and and the JATO bottles from the BMQs are measure. That is, personnel are Associated Activities on Subsistence jettisoned shortly after launch and fall normally not allowed near any of the Needs into the sea west of SNI. While it is pinniped beaches close to the flight There are no subsistence uses for theoretically possible that one of these track on the western end of SNI within these pinniped species in California boosters might instead land on a beach, two hours prior to a launch. Where waters, and, thus, there are no the probability of this occurring is very practicable, NAWCWD Point Mugu will anticipated effects on subsistence needs. low. Fuel contained in the boosters and adopt the following additional JATO bottles is consumed rapidly and mitigation measures when doing so will Effects of Target Missile Launches and completely, so there would be no risk of not compromise operational safety Associated Activities on Marine contamination even if a booster or bottle requirements or mission goals: (1) The Mammal Habitat on San Nicolas Island did land on the beach. Overall, the Navy will limit launch activities during During the period of proposed proposed target missile launches and pinniped pupping seasons, particularly activity, harbor seals, California sea associated activities are not expected to harbor seal pupping season; (2) the lions, and northern elephant seals will cause significant impacts on habitats or Navy will not launch target missiles at use various beaches around SNI as on food sources used by pinnipeds on low elevation (under 305 m, 1,000 ft) on places to rest, molt, and breed. These SNI. launch azimuths that pass close to beach haul-out site(s); (3) the Navy will beaches consist of sand (e.g., Red Eye Proposed Mitigation Beach), rock ledges (e.g., Phoca Beach) avoid multiple target launches in quick and rocky cobble (e.g., Vizcaino Beach). To avoid additional harassment to the succession over haul-out sites, The pinnipeds do not feed when hauled pinnipeds on beach haul out sites and especially when young pups are out on these beaches, and the airborne to avoid any possible sensitizing or present; and, (4) the Navy will limit launch sounds will not persist in the predisposing of pinnipeds to greater launch activities during the night. water near the island for more than a responsiveness towards the sights and Proposed Monitoring few seconds. Therefore, the Navy does sounds of a launch, NAWCWD Point not expect that launch activities will Mugu will limit its activities near the As part of its application, NAWS have any impact on the food or feeding beaches in advance of launches. provided a proposed monitoring plan, success of these animals. The solid Existing safety protocols for Vandal similar to that adopted for the 2001– rocket booster from the Vandal target launches provide a built-in mitigation 2002 IHA (see 66 FR 41834, August 9,
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2001), for assessing impacts to marine relationship between received sound and analysis of NAWS’s request for an mammals from Vandal and smaller levels and pinniped behavioral IHA; and the NAWCWD’s March, 2002 subsonic target and missile launch reactions. Once collected, sound files Final Environmental Impact Statement activities on SNI. This monitoring plan will be transferred onto CDs and sent to to assess the effects of its ongoing and is described in their application the acoustical contractor for sound proposed operations in the Sea Range of (NAWS, 2002). analysis. Point Mugu, that the proposed issuance The Navy proposes to conduct the For further details regarding the of this IHA to NAWS by NMFS will not following monitoring during 2002-2003: installation and calibration of the individually or cumulatively result in a Land-Based Monitoring acoustic instruments and analysis significant impact on the quality of the methods refer to LGL (2002). human environment as defined in 40 In conjunction with a biological CFR 1508.27. Therefore, based on this contractor, the Navy will continue its Reporting Requirements analysis, the action of issuing an IHA for land-based monitoring program to If the IHA is granted, NAWS will these activities meets the definition of a assess effects on the three common provide an initial report on activities to ‘‘Categorical Exclusion’’ as defined pinniped species on SNI: northern NMFS after the first 90 days of the under NOAA Administrative Order elephant seals, harbor seals, and authorization period. This report will 216–6 and is exempted from further California sea lions. This monitoring summarize the timing and nature of the environmental review. would occur at three different sites of launch operation(s), summarize varying distance from the launch site pinniped behavioral observations, and Preliminary Conclusions before, during, and after each launch. estimate the amount and nature of all The monitoring would be via digital takes by harassment or in other ways. In NMFS has preliminarily determined video cameras. the event that any cases of pinniped that the short-term impact of conducting During the day of each missile launch, mortality are determined by trained missile launch operations from SNI in the observer would place three digital biologists to result from launch the Channel Islands off southern video cameras overlooking chosen haul activities, this information will be California will result, at worst, in a out sites. Each camera would be set to reported to NMFS immediately. temporary modification in behavior by record a focal subgroup within the haul A draft final technical report will be certain species of pinnipeds. While out aggregation for a maximum of 4 submitted to NMFS 120 days prior to behavioral modifications may be made hours or as permitted by the videotape the expiration of the IHA. This technical by these species as a result of launch capacity. report will provide full documentation activities, this behavioral change is Following each launch, all digital of methods, results, and interpretation expected to have a negligible impact on recordings will be transferred to DVDs of all monitoring tasks for launches the animals. for analysis. A DVD player/computer during the first 6 months of the IHA While the number of potential with high-resolution freeze-frame and period, plus preliminary information for incidental harassment takes will depend jog shuttle will be used to facilitate launches during months 7 and 8. At the on the distribution and abundance of distance estimation, event timing, and time of the 120–day report, the Navy marine mammals in the vicinity of characterization of behavior. Details of and NMFS will discuss the scope of launch operations, the number of analysis methods can be found in LGL additional launch monitoring work on potential harassment takings is Ltd. Environmental Research Associates SNI during the 2002–2003 IHA period. estimated to be small. In addition, no et al. (LGL, 2002). The revised final technical report, take by injury and/or death is Acoustical Measurements including all monitoring results during anticipated, and the potential for the authorization, will be due 90 days temporary or permanent hearing During each launch, the Navy would after the end of the 1–year IHA period. obtain calibrated recordings of the levels impairment is low and will be avoided and characteristics of the received Endangered Species Act (ESA) through the incorporation of the mitigation measures mentioned in this launch sounds. Acoustic data would be NAWS has not requested the take of document. acquired using three Autonomous any listed species nor is any listed Terrestrial Acoustic Recorders (ATAR) species under NMFS jurisdiction Proposed Authorization at three different sites of varying expected to be impacted by these distances from the target’s flight path. activities. Therefore, NMFS has NMFS proposes to issue an IHA for 15 ATARs can record sounds for extended determined that a section 7 consultation launches of Vandal (or similar) missiles periods (dependent on sampling rate) under the ESA is not required at this and 5 launches of smaller subsonic without intervention by a technician, time. targets from San Nicolas Island, CA giving them the advantage over westward towards the Pt Mugu Sea traditional digital audio tape (DAT) National Environmental Policy Act Range for a 1–year period, provided the recorders should there be prolonged (NEPA) previously mentioned mitigation, launch delays of as long as 10 hours. In accordance with section 6.01 of the monitoring, and reporting requirements Insofar as possible, acoustic recording National Oceanic and Atmospheric are incorporated. NMFS has locations would correspond with the Administration (NOAA) Administrative preliminarily determined that the sites where video monitoring is taking Order 216–6 (Environmental Review proposed activity would result in the place. The collection of acoustic data Procedures for Implementing the harassment of only small numbers of would provide information on the National Environmental Policy Act , northern elephant seals, harbor seals, magnitude, characteristics, and duration May 20, 1999), NMFS has analyzed both California sea lions, and northern fur of sounds that pinnipeds may be the context and intensity of this action seals; would have no more than a exposed to during a launch. In addition, and determined, based on a negligible impact on these marine the acoustic data can be combined with programmatic NEPA assessment mammal stocks; and would not have an the behavioral data collected via the conducted on the impact of NMFS’ unmitigable adverse impact on the land-based monitoring program to rulemaking for the issuance of IHAs (61 availability of stocks for subsistence determine if there is a dose-response FR 15884; April 10, 1996); the content uses.
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Information Solicited Committees for discussion, in Basic Research Needs for NMFS requests interested persons to accordance with the Magnuson-Stevens Countering Terrorism and Related submit comments and information Fishery Conservation and Management SC-wide Activites • concerning this request (see ADDRESSES). Act, those issues may not be the subject Discussion of October 2002 BESAC- of formal action during the meeting. Sponsored Workshop on the Basic Dated: June 21, 2002. Action will be restricted to those issues Research Needs to Assure a Secure Donna Wieting, specifically identified in this notice. Energy Future Acting Deputy Director, Office of Protected • Linac Coherent Light Source Special Accommodations Resources, National Marine Fisheries Service Update [FR Doc. 02–16527 Filed 6–28–02; 8:45 am] This meeting is physically accessible • Spallation Neutron Source Update BILLING CODE 3510–22–S to people with disabilities. Requests for • High Flux Isotope Reactor Update sign language interpretation or other Tuesday, July 23, 2002 auxiliary aids should be directed to DEPARTMENT OF COMMERCE Update on the Nanoscale Science Helen Allen, 907–271–2809, at least 5 Research Centers working days prior to the meeting date. National Oceanic and Atmospheric Summary of Transmission Electron Administration Dated: June 26, 2002. Achromatic Microscope Workshop Theophilus R. Brainerd, Public Participation: The meeting is [I.D. 062602D] Acting Director, Office of Sustainable open to the public. If you would like to Fisheries, National Marine Fisheries Service. North Pacific Fishery Management file a written statement with the Council; Notice of Committee Meeting [FR Doc. 02–16529 Filed 6–28–02; 8:45 am] Committee, you may do so either before BILLING CODE 3510–22–S or after the meeting. If you would like AGENCY: National Marine Fisheries to make oral statements regarding any of Service (NMFS), National Oceanic and the items on the agenda, you should Atmospheric Administration (NOAA), DEPARTMENT OF ENERGY contact Sharon Long at 301–903–6594 Commerce. (fax) or [email protected] (e- ACTION: Committee meetings. Office of Science; Basic Energy mail). You must make your request for Sciences Advisory Committee an oral statement at least 5 business SUMMARY: The North Pacific Fishery AGENCY: Department of Energy. days prior to the meeting. Reasonable Management Council (Council) has provision will be made to include the ACTION: Notice of open meeting. scheduled two committee meetings. scheduled oral statements on the DATES: The meeting dates are: SUMMARY: This notice announces a agenda. The Chairperson of the July 15, 2002, Anchorage, AK Committee will conduct the meeting to July 18–29, 2002, Seattle, WA meeting of the Basic Energy Sciences Advisory Committee (BESAC). Federal facilitate the orderly conduct of ADDRESSES: The meeting locations are: Advisory Committee Act (Public Law business. Public comment will follow 1. Anchorage—RuralCap Board Room, 92–463, 86 Stat. 770) requires that the 10-minute rule. 731 Gambell Street, Anchorage AK. public notice of these meetings be Minutes: The minutes of this meeting 2. Seattle—Alaska Fisheries Science will be available for public review and Center, 7600 Sand Point Way NE, announced in the Federal Register. DATES: Monday, July 22, 2002, 8 a.m. to copying within 30 days at the Freedom Building 4, Seattle, WA. of Information Public Reading Room; Council address: North Pacific 5 p.m., and Tuesday, July 23, 2002, 8 1E–190, Forrestal Building; 1000 Fishery Management Council, 605 W. a.m. to 12 p.m. Independence Avenue, SW.; 4th Ave., Suite 306, Anchorage, AK ADDRESSES: Gaithersburg Marriott Washington, DC 20585; between 9 a.m. 99501–2252. Washingtonian Center, 9751 and 4 p.m., Monday through Friday, Washingtonian Boulevard, Gaithersburg, FOR FURTHER INFORMATION CONTACT: except holidays. Council Staff: 907–271–2809. MD 20878. Issued in Washington, DC, on June 25, SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: July 15, 2002. 2002—The Halibut Subsistence Sharon Long; Office of Basic Energy Belinda G. Hood, Committee will meet in Anchorage, Sciences; U.S. Department of Energy; Alaska. The Committee will meet 19901 Germantown Road; Germantown, Acting Deputy Advisory Committee, Management Officer. between 9 a.m.–4:30 p.m. at the MD 20874–1290; Telephone: (301) 903– RuralCap Board Room, 731 Gambell 5565. [FR Doc. 02–16446 Filed 6–28–02; 8:45 am] Street, Anchorage AK, to develop SUPPLEMENTARY INFORMATION: BILLING CODE 6450–01–P criteria for harvest limitations to be Purpose of the Meeting: The purpose placed on community harvest permits to of this meeting is to provide advice and DEPARTMENT OF ENERGY federally recognized tribes and other guidance with respect to the basic local governments of eligible energy sciences research program. Environmental Management Site- communities. Tentative Agenda: Agenda will Specific Advisory Board, Savannah July 18–29, 2002—The Council’s include discussions of the following: River Observer Advisory Committee will meet Monday, July 22, 2002 at the Alaska Fisheries Science Center, • Welcome and Introduction AGENCY: Department of Energy. 7600 Sand Point Way NE, Building 4, to • Status of FY 2003 Budget ACTION: Notice of open meeting. discuss long-term structural changes to • Basic Energy Sciences Highlights the North Pacific Council’s observer • Summary of BESAC-Sponsored SUMMARY: This notice announces a program. For specific starting times and Workshop on Theory and Modeling meeting of the Environmental meeting room, please see the Council’s in Nanoscience Management Site-Specific Advisory website: www.fakr.noaa.gov/npfmc. • Summary of BESAC-Sponsored Board (EM SSAB), Savannah River. The Although other issues not contained Catalysis Planning Workshop Federal Advisory Committee Act (Pub. in this notice may come before the • Summary of the BES Workshop on L. 92–463, 86 Stat.770) requires that
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public notice of these meetings be presentation in the agenda. The Deputy should refer to Docket No. IC02–600– announced in the Federal Register. Designated Federal Officer is 000. DATES: Monday, July 22, 2002, 3 p.m.– empowered to conduct the meeting in a Documents filed electronically via the 9 p.m.; Tuesday, July 23, 2002, 8:30 fashion that will facilitate the orderly Internet must be prepared in a.m.–4 p.m. conduct of business. Each individual WordPerfect, MS Word, Portable Document Format, or ASCII format. To ADDRESSES: Adam’s Mark Hotel, 1200 wishing to make public comment will file the document, access the Hampton Street, Columbia, SC 29201. be provided equal time to present their comments. Commission’s website at http:// FOR FURTHER INFORMATION CONTACT: Minutes: The minutes of this meeting www.ferc.gov and click on ‘‘Make an E- Gerri Flemming, Science Technology & will be available for public review and filing,’’ and then follow the instructions Management Division, Department of copying at the Freedom of Information for each screen. First time users will Energy Savannah River Operations Public Reading Room, 1E–190, Forrestal have to establish a user name and Office, P.O. Box A, Aiken, SC, 29802; Building, 1000 Independence Avenue, password. The Commission will send an Phone: (803)725–5374. SW., Washington, DC, 20585 between 9 automatic acknowledgment to the SUPPLEMENTARY INFORMATION: Purpose of a.m. and 4 p.m., Monday through sender’s E-mail address upon receipt of the Board: The purpose of the Board is Friday, except Federal holidays. comments. User assistance for electronic to make recommendations to DOE and Minutes will also be available by filings is available at 202–208–0258 or its regulators in the areas of writing to Gerri Fleming, Department of by e-mail to [email protected]. environmental restoration, waste Energy Savannah River Operations Comments should not be submitted to management, and related activities. Office, PO Box A, Aiken, SC, 29802, or the e-mail address. Tentative Agenda by calling her at (803) 725–5374. All comments may be viewed, printed Issued at Washington, DC on June 25, 2002. or downloaded remotely via the Internet Monday, July 22, 2002 through FERC’s homepage using the Belinda G. Hood, 3:00 p.m.—Long-Term Stewardship RIMS link. User assistance for RIMS is Acting Deputy Advisory Committee available at 202–208–2222, or by e-mail Committee. Management Officer. to [email protected]. 4:30 p.m.—Executive Committee. [FR Doc. 02–16447 Filed 6–28–02; 8:45 am] 6:30 p.m.—Public Comment Session. FOR FURTHER INFORMATION CONTACT: BILLING CODE 6450–01–P 7:00 p.m.—Committee Meetings. Michael Miller may be reached by 7:00–9:00 p.m.—Issues-Based telephone at (202) 208–1415, by fax at Committee Meetings. DEPARTMENT OF ENERGY (202) 208–2425, and by e-mail at 9:00 p.m.—Adjourn. [email protected]. Federal Energy Regulatory Tuesday, July 23, 2002 SUPPLEMENTARY INFORMATION: The Commission information collected under the 8:30–9:15 a.m.—Approval of Minutes; [IC02–600–000, FERC–600] requirements of FERC–600 ‘‘Rules of Agency Updates; Public Comment Practice and Procedures: Complaint Session; Facilitator Update. Commission Collection Activities, Procedures’’ (OMB No. 1902–0180) is 9:15–10:00 a.m.—Environmental Proposed Collection; Comment used by the Commission to implement Restoration Committee. Request; Extension the statutory provisions of the Federal 10:00–11:45 a.m.—Waste Management Power Act (FPA), 16 U.S.C. 791a–825r; Committee Report. June 24, 2002. the Natural Gas Act (NGA), 15 U.S.C. 11:45–12:00 a.m.—Public Comments. AGENCY: Federal Energy Regulatory 717–717w; the Natural Gas Policy Act 12:00 noon—Lunch Break. Commission. (NGPA), 15 U.S.C. 3301–3432; the 1:00–2:00 p.m.—Nuclear Materials ACTION: Notice. Public Utility Regulatory Policies Act of Committee Report. 1978 (PURPA), 16 U.S.C. 2601–2645; SUMMARY: 2:00–3:00 p.m.—Strategic & Long-Term In compliance with the the Interstate Commerce Act, 49 U.S.C. Issue Committee. requirements of Section 3506(c)(2)(a) of App. § 1 et seq. and the Outer 3:00–3:30 p.m.—Long-Term the Paperwork Reduction Act of 1995, Continental Shelf Lands Act, 43 U.S.C. Stewardship Committee. 44 U.S.C. 3506(c)(2)(A), the Federal 1301–1356. 3:30–3:45 p.m.—Administrative Energy Regulatory Commission With respect to the natural gas Committee Report. (Commission) is soliciting public industry, Section 14(a) of the NGA 3:45–4:00 p.m.—Public Comments. comment on the specific aspects of the provides: The Commission may permit 4:00 p.m.—Adjourn. information collection described below. any person to file with it a statement in If needed, time will be allotted after DATES: Comments on the collection of writing, under oath or otherwise, as it public comments for items added to the information are due by August 27, 2002. shall determine, as to any or all facts agenda, and administrative details. A ADDRESSES: Copies of the proposed and circumstances concerning a matter final agenda will be available at the collection of information can be which may be the subject of an meeting Monday, July 22, 2002. obtained from Michael Miller, Office of investigation. Public Participation: The meeting is the Chief Information Officer, CI–1, 888 For public utilities, Section 205(e) of open to the public. Written statements First Street NE., Washington, DC 20426. the FPA provides: Whenever any such may be filed with the Board either Comments may be filed either in paper new schedule is filed the Commission before or after the meeting. Individuals format or electronically. Those parties shall have the authority, either upon who wish to make the oral statements filing electronically do not need to make complaint or upon its own initiative pertaining to agenda items should a paper filing. For paper filings, the without complaint at once, and, if it so contact Gerri Flemming’s office at the original and 14 copies of such orders, without answer or formal address or telephone listed above. comments should be submitted to the pleading by the public utility, but upon Requests must be received five days Office of the Secretary, Federal Energy reasonable notice to enter upon hearing prior to the meeting and reasonable Regulatory Commission, 888 First concerning the lawfulness of such rate, provision will be made to include the Street, NE., Washington, DC 20426 and charge, classification, or service; and
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pending such hearing and the decision carrier subject to the provisions of this comments in order to recertify the of the Commission * * * chapter in contravention of the FERC–600 reporting requirements in Concerning hydroelectric projects, provisions thereof, may apply to the Order No. 602. The data in complaints Section 19 of the FPA provides: * * * Commission by petition, which shall filed by interested/affected parties it is agreed as a condition of such briefly state the facts; whereupon a regarding oil and natural gas pipeline license that jurisdiction is hereby statement of the complaint thus made operations, electric and hydropower conferred upon the Commission, upon shall be forwarded by the Commission facilities in their applications for rate complaint of any person aggrieved or to such common carrier, who shall be changes, service, and/or licensing are upon its own initiative, to exercise such called upon to satisfy the complaint, or used by the Commission in establishing regulation and control until such time to answer the same in writing, within a a basis for various investigations and to as the State shall have provided a reasonable time, to be specified by the make an initial determination regarding commission or other authority for such Commission * * * the merits of the complaint. regulation and control * * * Investigations may range from whether For qualifying facilities, Section In Order No. 602, 64 FR 17087 (April 8, 1999), the Commission revised its there is undue discrimination in rates or 210(h)(2)(B) of PURPA provides: Any service to questions regarding market electric utility, qualifying cogenerator, regulations governing complaints filed with the Commission under the above power of regulated entities to or qualifying small power producer may environmental concerns. In order to petition the Commission to enforce the statutes. Order No. 602 was designed to encourage and support consensual make a better determination, it is requirements of subsection (f) as important to know the specifics of any provided in subparagraph (A) of this resolution of complaints, and to organize the complaint procedures so oil, gas, electric, hydropower complaint paragraph. ‘‘up front’’ in a timely manner and in Likewise for oil pipelines, Part 1 of that all complaints are handled in a timely and fair manner. In order to sufficient detail to allow the the Interstate Commerce Act (ICA), Commission to act swiftly. In addition, Sections 1, 6 and 15 (recodified by P.L. achieve the latter, the Commission revised Rule 206 of its Rules of Practice such complaint data will help the 95–473 and found as an appendix to Commission and interested parties to Title 49 U.S.C.) the Commission is and Procedure (18 CFR 385.206) to monitor the market for exercises of authorized to investigate the rates require that a complaint satisfy certain market power or undue discrimination. charged by oil pipeline companies informational requirements, that The information filed with the subject to its jurisdiction. If a proposed answers be filed in a shorter, 20-day Commission is voluntary but submitted oil rate has been filed and allowed by time frame, and that parties may employ with prescribed information. The the Commission to go into effect various types of alternative dispute Commission implements these filing without suspension and hearing, the resolution procedures to resolve requirements in the Code of Federal Commission can investigate the complaints. Regulations (CFR) under 18 CFR part effective rate on its own motion or by On August 31, 1999, the Office of 385, Sections 385.206 and 385.213. complaint filed with the Commission. Management and Budget (OMB) Section 13 of the ICA provided that: approved the reporting requirements in Action: The Commission is requesting Any person, firm, corporation, company Order No. 602 for a term of three years, a three-year extension of the current or association, or any mercantile, the maximum period permissible under expiration date, with no changes to the agricultural, or manufacturing society or the Paperwork Reduction Act before an existing collection of data. other organization, or any common information collection must be Burden Statement: Public reporting carrier complaining of anything done or resubmitted for approval. As noted burden for this collection is estimated omitted to be done by any common above, this notice seeks public as:
Number of re- Average burden Total annual Number of respondents annually sponses per re- hours per re- burden hours (1) spondent sponse × × (2) (3) (1) (2) (3)
76* ...... 1 14 1,064 *Represents three year averages (1999–2001).
Estimated cost burden to respondents: training personnel to respond to a benefit the whole organization rather 1,064 hours/2,080 hours per year × collection of information; (5) searching than any one particular function or $117,041 per year = $59,870. The cost data sources; (6) completing and activity. per respondent is equal to $787. reviewing the collection of information; Comments are invited on: (1) whether The reporting burden includes the and (7) transmitting, or otherwise the proposed collection of information total time, effort, or financial resources disclosing the information. is necessary for the proper performance expended to generate, maintain, retain, The estimate of cost for respondents of the functions of the Commission, disclose, or provide the information is based upon salaries for professional including whether the information will including: (1) Reviewing instructions; and clerical support, as well as direct have practical utility; (2) the accuracy of (2) developing, acquiring, installing, and and indirect overhead costs. Direct costs the agency’s estimate of the burden of utilizing technology and systems for the include all costs directly attributable to the proposed collection of information, purposes of collecting, validating, providing this information, such as including the validity of the verifying, processing, maintaining, administrative costs and the cost for methodology and assumptions used; (3) disclosing and providing information; information technology. Indirect or ways to enhance the quality, utility and (3) adjusting the existing ways to overhead costs are costs incurred by an clarity of the information to be comply with any previously applicable organization in support of its mission. collected; and (4) ways to minimize the instructions and requirements; (4) These costs apply to activities which
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burden of the collection of information order in this proceeding and with Order Any person desiring to be heard or to on those who are to respond. No. 2000. protest the blanket approval of Any person desiring to intervene or to issuances of securities or assumptions of Magalie R. Salas, protest this filing should file with the liability by Auburndale should file a Secretary. Federal Energy Regulatory Commission, motion to intervene or protest with the [FR Doc. 02–16486 Filed 6–28–02; 8:45 am] 888 First Street, NE., Washington, DC Federal Energy Regulatory Commission, BILLING CODE 6717–01–P 20426, in accordance with rules 211 and 888 First Street, NE., Washington, DC 214 of the Commission’s rules of 20426, in accordance with Rules 211 practice and procedure (18 CFR 385.211 and 214 of the Commission’s Rules of DEPARTMENT OF ENERGY and 385.214). Protests will be Practice and Procedure (18 CFR 385.211 Federal Energy Regulatory considered by the Commission in and 385.214). Commission determining the appropriate action to be Absent a request to be heard in taken, but will not serve to make opposition within this period, [Docket Nos. EL02–65–007 and RT01–88– protestants parties to the proceeding. Auburndale is authorized to issue 021] Any person wishing to become a party securities and assume obligations or must file a motion to intervene. All such liabilities as a guarantor, indorser, Ameren Services Company, motions or protests should be filed on surety, or otherwise in respect of any Firstenergy Corp., Northern Indiana or before the comment date, and, to the security of another person; provided Public Service Company, National Grid extent applicable, must be served on the that such issuance or assumption is for Usa, Midwest Independent System applicant and on any other person some lawful object within the corporate Operator, Inc.; Notice of Filing designated on the official service list. purposes of Auburndale, compatible June 25, 2002. This filing is available for review at the with the public interest, and is Take notice that on June 20, 2002, Commission or may be viewed on the reasonably necessary or appropriate for Ameren Services Company (Ameren), Commission’s web site at http:// such purposes. acting as agent for its electric utility www.ferc.gov using the ‘‘RIMS’’ link, The Commission reserves the right to affiliates Union Electric Company d/b/a select ‘‘Docket #’’ and follow the require a further showing that neither AmerenUE and Central Illinois Public instructions (call 202–208–2222 for public nor private interests will be Service Company d/b/a/ AmerenCIPS, assistance). Protests and interventions adversely affected by continued FirstEnergy Corp. (FirstEnergy), on may be filed electronically via the approval of Auburndale’s issuances of behalf of its subsidiary American Internet in lieu of paper; see 18 CFR securities or assumptions of liability. Transmission Systems, Inc., Northern 385.2001(a)(1)(iii) and the instructions Notice is hereby given that the Indiana Public Service Company on the Commission’s web site under the deadline for filing motions to intervene (NIPSCO), and the Midwest ‘‘e-Filing’’ link. or protests, as set forth above, is July 19, Independent System Operator, Inc. Comment Date: July 22, 2002. 2002. Copies of the full text of the Order are (MISO) tendered for filing a compliance Linwood A. Watson, Jr., filing in the above-referenced dockets. available from the Commission’s Public Deputy Secretary. Reference Branch, 888 First Street, NE., National Grid USA (National Grid) [FR Doc. 02–16484 Filed 6–28–02; 8:45 am] joined the filing to support it in full. Washington, DC 20426. The Order may BILLING CODE 6717–01–P The compliance filing contains a also be viewed on the Internet at letter of intent and a term sheet between http://www.ferc.fed.us/online/rims.htm (call 202–208–2222 for assistance). Ameren, FirstEnergy, NIPSCO, and DEPARTMENT OF ENERGY National Grid setting forth the terms to Comments, protests, and interventions govern the negotiation of agreements Federal Energy Regulatory may be filed electronically via the providing for the formation of an Commission internet in lieu of paper. See, 18 CFR independent transmission company 385.2001(a)(1)(iii) and the instructions [Docket No. ER02–1633–000] (ITC), to be called GridAmerica LLC, on the Commission’s web site at http://www.ferc.fed.us/efi/doorbell.htm. under the provisions of Appendix I Auburndale Peaker Energy Center, MISO’s Open Access Transmission L.L.C.; Notice of Issuance of Order Linwood A. Watson, Jr., Tariff. GridAmerica will be formed as an Deputy Secretary. LLC with National Grid as the managing June 25, 2002. [FR Doc. 02–16485 Filed 6–28–02; 8:45 am] member. Ameren, FirstEnergy, and Auburndale Peaker Energy Center, BILLING CODE 6717–01–P NIPSCO will turn over functional L.L.C. (Auburndale) filed an application control of their transmission facilities to requesting authority to engage in the GridAmerica pursuant to Operation sale of wholesale energy, capacity DEPARTMENT OF ENERGY Agreements. replacement reserves and ancillary The compliance filing also contains a services at market-based rates. Federal Energy Regulatory letter of intent and a term sheet between Auburndale also requested waiver of Commission Ameren, FirstEnergy, NIPSCO, National various Commission regulations. In [Docket No. TX96–2–004] Grid, and MISO setting forth the terms particular, Auburndale requested that to govern negotiation of the Appendix I the Commission grant blanket approval City of College Station, TX; Notice of service agreement pursuant to which under 18 CFR part 34 of all future Filing GridAmerica LLC will join the MISO. issuances of securities and assumptions The Appendix I service agreement will of liability by Auburndale. June 25, 2002. delineate those functions to be On June 19, 2002, pursuant to Take notice that on June 14, 2002, the performed by GridAmerica and those to delegated authority, the Director, Office Texas Municipal Power Agency (TMPA) be performed by MISO. This filing was of Markets, Tariffs and Rates-Central, tendered for filing with the with the made to comply in full with the terms granted requests for blanket approval Federal Energy Regulatory Commission of the Commission’s April 25, 2002 under part 34, subject to the following: (Commission), its compliance filing
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required by the Commission’s February Comment Date: July 5, 2002. must file a motion to intervene. All such 16, 1999, Final Order Establishing Rates, motions or protests should be filed on Linwood A. Watson, Jr., Terms and Conditions of Transmission or before the comment date, and, to the Deputy Secretary. Services in City of College Station, extent applicable, must be served on the Texas, 86 with the FERC ¶ 61,165 (1999) [FR Doc. 02–16496 Filed 6–28–02; 8:45 am] applicant and on any other person BILLING CODE 6717–01–P designated on the official service list. TMPA states that it will provide This filing is available for review at the transmission service to the City of Commission or may be viewed on the College Station (College Station) under DEPARTMENT OF ENERGY Commission’s web site at http:// the terms and conditions of TMPA’s www.ferc.gov using the ‘‘RIMS’’ link, currently effective Public Utility Federal Energy Regulatory Commission select ‘‘Docket #’’ and follow the Commission of Texas (Texas instructions (call 202–208–2222 for Commission) tariff for wholesale [Docket No. TX96–2–006] assistance). Protests and interventions transmission services. may be filed electronically via the City of College Station, TX; Notice of TMPA also states that, since January Internet in lieu of paper; see 18 CFR Filing 1, 2000, it has been providing 385.2001(a)(1)(iii) and the instructions transmission service to College Station June 25, 2002. on the Commission’s web site under the for the postage stamp rates contained in Take notice that on June 20, 2002, the ‘‘e-Filing’’ link. its currently effective Texas Texas Municipal Power Agency (TMPA) Comment Date: July 11, 2002. Commission tariff. TMPA states that it and the City of Bryan Texas (Bryan) Linwood A. Watson, Jr., will continue to charge College Station tendered for filing a Joint Application to Deputy Secretary. those rates, subject to an adjustment for Recover Regulatory Expenses from the [FR Doc. 02–16497 Filed 6–28–02; 8:45 am] City of College Station, Texas (College regulatory expenses associated with the BILLING CODE 6717–01–P proceeding in Docket No. TX96–2–000. Station). TMPA attaches a pro forma tariff sheet, TMPA and Bryan (hereinafter the which provides College Station the Applicants) state that they incurred DEPARTMENT OF ENERGY option of reimbursing TMPA for those regulatory expenses as a direct result of regulatory expenses through either a College Station’s application dated Federal Energy Regulatory lump sum payment payable 30 days December 15, 1995, for an order under Commission after the tariff sheet’s effectiveness, or Section 211 of the Federal Power Act (FPA) directing transmission services. [Docket Nos. RP00–318–001 and RP01–6– through thirty-six (36) equal monthly 002] The Applicants state that they are payments to be made over the three-year submitting this filing pursuant to period following the effectiveness of the Enbridge Pipelines (KPC); Notice of Section 205 of the FPA and in Compliance Filing tariff sheet. accordance with the Commission’s Final Any person desiring to intervene or to Order Establishing Rates, Terms and June 25, 2002. protest this filing should file with the Conditions for Transmission Services, Take notice that on June 20, 2002, Federal Energy Regulatory Commission, issued February 16,1999, in City of Enbridge Pipelines (KPC), formerly 888 First Street, NE., Washington, DC College Station, Texas, 86 FERC Kansas Pipeline Company, (KPC) 20426, in accordance with Rules 211 ¶ 61,165 (1999). The Applicants state tendered for filing as part of its FERC and 214 of the Commission’s Rules of that the Final Order makes clear that Gas Tariff, First Revised Volume No. 1, Practice and Procedure (18 CFR 385.211 TMPA and Bryan can seek to recover the revised tariff sheets listed in and 385.214). Protests will be from College Station reasonable Appendix A to the filing. An August 1, considered by the Commission in regulatory expenses, including interest, 2002 effective date is proposed for the determining the appropriate action to be associated with this proceeding. revised tariff sheets. taken, but will not serve to make TMPA and Bryan each attach a tariff KPC states the filing is being made in protestants parties to the proceeding. sheet, which provides College Station compliance with the Commission’s May Any person wishing to become a party the option of reimbursing the 21, 2002, order on KPC’s Order Nos. 587–G, 587L, 637 and 637–A. must file a motion to intervene. All such Applicants for the regulatory expenses through either a lump sum payment KPC states that complete copies of its motions or protests should be filed on payable 30 days after the tariff sheets’ filing are being mailed to all of the or before the comment date, and, to the effectiveness, or through thirty-six (36) parties on the Commission’s Official extent applicable, must be served on the equal monthly payments to be made Service list for these proceedings, all of applicant and on any other person over the three-year period following the its jurisdictional customers, and designated on the official service list. effectiveness of the tariff sheets. applicable State Commissions. This filing is available for review at the Any person desiring to intervene or to Any person desiring to protest said Commission or may be viewed on the protest this filing should file with the filing should file a protest with the Commission’s web site at http:// Federal Energy Regulatory Commission, Federal Energy Regulatory Commission, www.ferc.gov using the ‘‘RIMS’’ link, 888 First Street, NE., Washington, DC 888 First Street, NE., Washington, DC select ‘‘Docket #’’ and follow the 20426, in accordance with Rules 211 20426, in accordance with Section instructions (call 202–208–2222 for and 214 of the Commission’s Rules of 385.211 of the Commission’s Rules and assistance). Protests and interventions Practice and Procedure (18 CFR 385.211 Regulations. All such protests must be may be filed electronically via the and 385.214). Protests will be filed on or before July 2, 2002. Protests Internet in lieu of paper; see 18 CFR considered by the Commission in will be considered by the Commission 385.2001(a)(1)(iii) and the instructions determining the appropriate action to be in determining the appropriate action to on the Commission’s web site under the taken, but will not serve to make be taken, but will not serve to make ‘‘e-Filing’’ link. protestants parties to the proceeding. protestants parties to the proceedings. Any person wishing to become a party Copies of this filing are on file with the
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Commission and are available for public effective without prior FERC approval and Substitute Original Sheet Nos. 206– inspection. This filing may also be provided that such flex adjustment does 212, to be effective June 1, 2002. viewed on the web at http:// not exceed 0.50%, is effective at the Kern River states that the purpose of www.ferc.gov using the ‘‘RIMS’’ link, beginning of a month, is posted on this filing is to comply with the Order select ‘‘Docket#’’ and follow the FGT’s EBB at least five working days Accepting Tariff Sheets Subject to instructions (call 202–208–2222 for prior to the nomination deadline, and is Conditions, issued by the Commission assistance). Comments, protests and filed no more than sixty and at least on May 31, 2002, by submitting revised interventions may be filed electronically seven days before the proposed effective tariff sheets that modify certain of Kern via the Internet in lieu of paper. See, 18 date. The instant filing comports with River’s proposed procedures for posting, CFR 385.2001(a)(1)(iii) and the these provisions and FGT has posted bidding on, and awarding available instructions on the Commission’s web notice of the flex adjustment prior to the capacity. site under the ‘‘e-Filing’’ link. instant filing. Kern River states that it has served a Any person desiring to be heard or to copy of this filing upon each person Linwood A. Watson, Jr., protest said filing should file a motion designated on the official service list Deputy Secretary. to intervene or a protest with the compiled by the Secretary in this [FR Doc. 02–16489 Filed 6–28–02; 8:45 am] Federal Energy Regulatory Commission, proceeding. BILLING CODE 6717–01–P 888 First Street, NE., Washington, DC Any person desiring to protest said 20426, in accordance with Sections filing should file a protest with the 385.214 or 385.211 of the Commission’s Federal Energy Regulatory Commission, DEPARTMENT OF ENERGY Rules and Regulations. All such motions 888 First Street, NE., Washington, DC Federal Energy Regulatory or protests must be filed in accordance 20426, in accordance with Section Commission with Section 154.210 of the 385.211 of the Commission’s Rules and Commission’s Regulations. Protests will Regulations. All such protests must be [Docket No. RP02–366–000] be considered by the Commission in filed in accordance with Section determining the appropriate action to be 154.210 of the Commission’s Florida Gas Transmission Company; taken, but will not serve to make Regulations. Protests will be considered Notice of Proposed Changes in FERC protestants parties to the proceedings. by the Commission in determining the Gas Tariff Any person wishing to become a party appropriate action to be taken, but will June 25, 2002. must file a motion to intervene. Copies not serve to make protestants parties to Take notice that on June 19, 2002, of this filing are on file with the the proceedings. Copies of this filing are Florida Gas Transmission Company Commission and are available for public on file with the Commission and are (FGT) tendered for filing to become part inspection. This filing may also be available for public inspection. This of its FERC Gas Tariff, Third Revised viewed on the web at http:// filing may also be viewed on the web at Volume No. 1, the following tariff www.ferc.gov using the ‘‘RIMS’’ link, http://www.ferc.gov using the ‘‘RIMS’’ sheets, to become effective July 1, 2002: select ‘‘Docket#’’ and follow the link, select ‘‘Docket#’’ and follow the instructions (call 202–208–2222 for instructions (call 202–208–2222 for Fifty-Third Revised Sheet No. 8A assistance). Comments, protests and Forty-Fifth Revised Sheet No. 8A.01 assistance). Comments, protests and interventions may be filed electronically Forty-Fifth Revised Sheet No. 8A.02 interventions may be filed electronically Third Revised Sheet No. 8A.04 via the Internet in lieu of paper. See, 18 via the Internet in lieu of paper. See, 18 Forty-Eighth Revised Sheet No. 8B CFR 385.2001(a)(1)(iii) and the CFR 385.2001(a)(1)(iii) and the Forty-First Revised Sheet No. 8B.01 instructions on the Commission’s web instructions on the Commission’s web FGT states that in Docket No. RP02– site under the ‘‘e-Filing’’ link. site under the ‘‘e-Filing’’ link. 163–000 filed on February 25, 2002, it Linwood A. Watson, Jr., Linwood A. Watson, Jr., filed to establish a Base Fuel Deputy Secretary. Deputy Secretary. Reimbursement Charge Percentage (Base [FR Doc. 02–16495 Filed 6–28–02; 8:45 am] [FR Doc. 02–16493 Filed 6–28–02; 8:45 am] FRCP) of 3.06 % to become effective for the six-month Summer Period beginning BILLING CODE 6717–01–P BILLING CODE 6717–01–P April 1, 2002. FGT states in the instant filing, it is filing a flex adjustment of DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY 0.25% to be effective July 1, 2002, which, when combined with the Base Federal Energy Regulatory Federal Energy Regulatory FRCP of 3.06% results in an Effective Commission Commission Fuel Reimbursement Charge Percentage of 3.31%. This filing is necessary [Docket No. RP00–392–001 and RP00–576– [Docket No. RP02–248–001] 001] because FGT is currently experiencing higher fuel usage than is being Kern River Gas Transmission Nautilus Pipeline Company, L.L.C.; recovered in the currently effective Company; Notice of Compliance Filing Notice of Compliance Filing FRCP of 3.06%. Increasing the Effective FRCP will reduce FGT’s underrecovery June 25, 2002. June 25, 2002. of fuel and reduce the Unit Fuel Take notice that on June 20, 2002, Take notice that on June 20, 2002 Surcharge in the next Summer Period. Kern River Gas Transmission Company Nautilus Pipeline Company, L.L.C. FGT states that the tariff sheets listed (Kern River) tendered for filing as part (Nautilus) tendered for filing as part of above are being filed pursuant to of its FERC Gas Tariff, Second Revised its FERC Gas Tariff, Original Volume Section 27.A.2.b of the General Terms Volume No. 1, Substitute Third Revised No. 1, the tariff sheets listed in and Conditions of FGT’s Tariff, which Sheet No. 96, Third Revised Sheet No. Attachment A to the filing. provides for flex adjustments to the Base 97, Substitute Third Revised Sheet No. Nautilus states that the purpose of FRCP. Pursuant to the terms of Section 98, Second Revised Sheet No. 98–A, this filing is to comply with the 27.A.2.b, a flex adjustment shall become Substitute First Revised Sheet No. 205, Commission’s May 21, 2002 order on
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Nautilus’ Order No. 637 pro forma 385.211 of the Commission’s Rules and First Revised Sheet No. 151 compliance filing. Pursuant to Ordering Regulations. All such protests must be First Revised Sheet No. 155 Paragraph (B) of that order, Nautilus is filed in accordance with Section Original Sheet No. 158 Original Sheet No. 160 not proposing an effective date for the 154.210 of the Commission’s Original Sheet No. 162 revised tariff sheets at this time. Regulations. Protests will be considered Nautilus states that a copy of this by the Commission in determining the Transwestern states that on August filing has been served upon its appropriate action to be taken, but will 15, 2000, it submitted pro forma tariff customers and interested state not serve to make protestants parties to sheets in compliance with the commissions. the proceedings. Copies of this filing are Commission’s Order Nos. 637, 637–A, Any person desiring to protest said on file with the Commission and are and 637–B issued in Docket Nos. RM98– filing should file a protest with the available for public inspection. This 10 and RM98–12 (Commission Orders). Federal Energy Regulatory Commission, filing may also be viewed on the web at Transwestern states that it has recently 888 First Street, NE., Washington, DC http://www.ferc.gov using the ‘‘RIMS’’ held discussions with its customers on 20426, in accordance with Section link, select ‘‘Docket#’’ and follow the how to resolve the remaining issues in 385.211 of the Commission’s Rules and instructions (call 202–208–2222 for this proceeding. The enclosed tariff Regulations. All such protests must be assistance). Comments, protests and sheets represent Transwestern’s filed on or before July 2, 2002. Protests interventions may be filed electronically proposal to address issues raised in will be considered by the Commission via the Internet in lieu of paper. See, 18 protests in this proceeding and to in determining the appropriate action to CFR 385.2001(a)(1)(iii) and the incorporate suggestions made by be taken, but will not serve to make instructions on the Commission’s web customers. Transwestern states that in protestants parties to the proceedings. site under the ‘‘e-Filing’’ link. several instances, these tariff proposals Copies of this filing are on file with the exceed the requirements set forth in the Commission and are available for public Linwood A. Watson, Jr., Commission Orders, but represent inspection. This filing may also be Deputy Secretary. matters of importance to Transwestern viewed on the web at http:// [FR Doc. 02–16494 Filed 6–28–02; 8:45 am] and its customers that are intertwined www.ferc.gov using the ‘‘RIMS’’ link, BILLING CODE 6717–01–P with the resolution of issues in this select ‘‘Docket#’’ and follow the proceeding. instructions (call 202–208–2222 for Transwestern states that its assistance). Comments, protests and DEPARTMENT OF ENERGY discussions with its customers regarding interventions may be filed electronically the August 15, 2000 compliance filing Federal Energy Regulatory via the Internet in lieu of paper. See, 18 in this docket addressed the expressed Commission CFR 385.2001(a)(1)(iii) and the concerns of those customers filing protests to specific aspects of instructions on the Commission’s web [Docket No. RP00–490–001] site under the ‘‘e-Filing’’ link. Transwestern’s filing. In addition, Transwestern Pipeline Company; Transwestern states that certain Linwood A. Watson, Jr., Notice of Compliance Filing provisions contained in the August 15, Deputy Secretary. 2002 filing have been overtaken by [FR Doc. 02–16490 Filed 6–28–02; 8:45 am] June 25, 2002. subsequent events and are no longer BILLING CODE 6717–01–P Take notice that on June 21, 2002, required to comply with Order No. 637, Transwestern Pipeline Company et seq, (e.g., netting and trading (Transwestern) tendered for filing as provisions which were filed by DEPARTMENT OF ENERGY part of its FERC Gas Tariff, pro forma Transwestern and accepted by the Second Revised Volume No. 1, the Commission in compliance with Order Federal Energy Regulatory following pro forma tariff sheets: No. 587–L). Commission In the instant filing, Transwestern is Tenth Revised Sheet No. 20 [Docket No. RP02–334–002] Twenty-Third Revised Sheet No. 37 withdrawing all of the pro forma tariff Eleventh Revised Sheet No. 38 sheets filed on August 15, 2000 and is Northern Natural Gas Company; Notice Sixth Revised Sheet Nos. 39–40 filing new pro forma tariff sheets which of Compliance Filing Seventh Revised Sheet No. 51B address the issues raised by those Second Revised Sheet No. 81D parties protesting Transwestern’s June 25, 2002. Fourth Revised Sheet No. 84 August 15 filing and update Take notice that on June 20, 2002, Fifth Revised Sheet No. 92C Transwestern’s filing to recognize the Northern Natural Gas Company Third Revised Sheet No. 92E subsequent events which have occurred. (Northern), tendered for filing in its First Revised Sheet No. 98 Any person desiring to protest said FERC Gas Tariff, Fifth Revised Volume Ninth Revised Sheet No. 147 filing should file a protest with the Fourth Revised Sheet No. 149 No. 1 the following tariff sheet in Federal Energy Regulatory Commission, compliance with the Commission’s First Revised Sheet No. 154 Original Sheet No. 157 888 First Street, NE., Washington, DC Order issued on May 31, 2002, in Original Sheet No. 159 20426, in accordance with Section Docket No. RP02–334–000: Original Sheet No. 161 385.211 of the Commission’s Rules and Substitute Third Revised Sheet No. 54A Fourth Revised Sheet No. 27 Regulations. All such protests must be Northern further states that copies of Third Revised Sheet No. 37A filed on or before July 2, 2002. Protests the filing have been mailed to each of Original Sheet No. 38A will be considered by the Commission its customers and interested State Nineteenth Revised Sheet No. 48 in determining the appropriate action to Eighth Revised Sheet No. 80B be taken, but will not serve to make Commissions. Fourth Revised Sheet No. 83 Any person desiring to protest said Second Revised Sheet No. 85 protestants parties to the proceedings. filing should file a protest with the Fifth Revised Sheet No. 92D Copies of this filing are on file with the Federal Energy Regulatory Commission, Fourth Revised Sheet No. 92F Commission and are available for public 888 First Street, NE., Washington, DC First Revised Sheet No. 99 inspection. This filing may also be 20426, in accordance with Section Third Revised Sheet No. 148 viewed on the web at http://
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www.ferc.gov using the ‘‘RIMS’’ link, assistance). Comments, protests and Facility On My Land? What Do I Need select ‘‘Docket#’’ and follow the interventions may be filed electronically To Know?’’ was attached to the project instructions (call 202–208–2222 for via the Internet in lieu of paper. See, 18 notice Texas Eastern provided to assistance). Comments, protests and CFR 385.2001(a)(1)(iii) and the landowners. This fact sheet addresses a interventions may be filed electronically instructions on the Commission’s web number of typically asked questions, via the Internet in lieu of paper. See, 18 site under the ‘‘e-Filing’’ link. including the use of eminent domain CFR 385.2001(a)(1)(iii) and the and how to participate in the Linwood A. Watson, Jr., instructions on the Commission’s web Commission’s proceedings. It is Deputy Secretary. site under the ‘‘e-Filing’’ link. available for viewing on the FERC [FR Doc. 02–16492 Filed 6–28–02; 8:45 am] Internet website (http://www.ferc.gov). Linwood A. Watson, Jr., BILLING CODE 6717–01–P Deputy Secretary. Summary of the Proposed Project [FR Doc. 02–16491 Filed 6–28–02; 8:45 am] Texas Eastern wants to expand the DEPARTMENT OF ENERGY BILLING CODE 6717–01–P capacity of its facilities in Mississippi, Federal Energy Regulatory Alabama, and Tennessee to transport an Commission additional 197,147 dekatherm units per DEPARTMENT OF ENERGY day of natural gas to two distribution [Docket No. CP02–381–000] companies and one electric generation Federal Energy Regulatory plant. Texas Eastern seeks authority to Commission Texas Eastern Transmission, LP; construct and operate facilities in three [Docket Nos. RP00–545–001 and RP01–55– Notice of Intent To Prepare an Phases, as described below: 003] Environmental Assessment for the Proposed M–1 Expansion Project and Phase I Facilities (November 1,2003) WestGas InterState, Inc.; Notice of Request for Comments on 1. Construct part of the Union Church Compliance Filing Environmental Issues Discharge Loop, about 8.0 miles of 36– inch diameter pipeline and appurtenant June 25, 2002. June 25, 2002. The staff of the Federal Energy facilities in Hinds and Copiah Counties, Take notice that on June 20, 2002, Mississippi. WestGas Interstate, Inc. (WGI) tendered Regulatory Commission (FERC or Commission) will prepare an 2. Modify the Egypt Compressor for filing as part of its FERC Gas Tariff, Station in Monroe County, Mississippi First Revised Volume No. 1, Second environmental assessment (EA) that will discuss the environmental impacts of by installing a mechanical variable- Revised Sheet No. 45A, Third Revised speed drive (VSD) in place of the Sheet No. 47, First Revised Sheet No. the M–1 Expansion Project involving construction and operation of facilities existing conventional gearbox on each 47B, Third Revised Sheet No. 69, of the two existing 15,000 hp electric Second Revised Sheet No. 69A, Original by Texas Eastern Transmission, LP (Texas Eastern) in Monroe, Hinds, motor-driven compressor units. The Sheet No. 69B, First Revised Sheet No. uprate would result in a 20,000 hp 87, First Revised Sheet No. 88, and Copiah, Amite, Franklin, and Madison Counties, Mississippi, Colbert County, rating for each compressor unit. Second Revised Sheet No. 89, to become 3. Modify the Barton Compressor effective September 1, 2002. Alabama, and Giles and Wilson Counties, Tennessee.1 These facilities Station in Colbert County, Alabama by WGI states that the purpose of this installing a mechanical VSD in place of filing is to comply with the would consist of about 33 miles of 36- inch diameter pipeline and 28,000 the existing conventional gearbox on the Commission’s Order on Compliance existing 15,000 hp electric motor driven with Order Nos. 637, 587G, and 587L, horsepower (hp) of additional compression. The EA will be used by compressor unit. The uprate would issued in Docket Nos. RP00–545–000, result in a 20,000 hp rating for the RP01–55–001, and RP01–55–002 on the Commission in its decision-making process to determine whether the compressor unit. May 21, 2002. 4. Modify the Gladeville Compressor WGI further states that copies of this project is in the public convenience and necessity. Station in Wilson County, Tennessee by filing have been served on WGI’s uprating the existing 15,000 hp motor to jurisdictional customers and interested If you are a landowner receiving this notice, you may be contacted by a 20,000 hp. Various appurtant facilities state commissions. pipeline company representative about would be replaced for more efficient Any person desiring to protest said the acquisition of an easement to and quieter options. filing should file a protest with the construct, operate, and maintain the 5. Provide service to City of Federal Energy Regulatory Commission, proposed facilities. The pipeline Cartersville and winter service to 888 First Street, NE., Washington, DC company would seek to negotiate a Carolina Power & Light Company. 20426, in accordance with Section mutually acceptable agreement. 385.211 of the Commission’s Rules and Phase II Facilities (April 1, 2004) However, if the project is approved by Regulations. All such protests must be the Commission, that approval conveys 6. Construct remaining Union Church filed on or before July 2, 2002. Protests with it the right of eminent domain. Discharge Loop, about 6.7 miles of 36- will be considered by the Commission Therefore, if easement negotiations fail inch diameter pipeline and appurtenant in determining the appropriate action to to produce an agreement, the pipeline facilities in Copiah County, Mississippi. be taken, but will not serve to make 7. Construct the St. Francisville company could initiate condemnation protestants parties to the proceedings. Discharge Loop, which consists of 4.5 proceedings in accordance with state Copies of this filing are on file with the miles of 36-inch diameter pipeline and law. Commission and are available for public A fact sheet prepared by the FERC appurtenant facilities in Amite and inspection. This filing may also be entitled ‘‘An Interstate Natural Gas Franklin Counties, Mississippi. viewed on the web at http:// 8. Uprate six existing 2,500 hp electric www.ferc.gov using the ‘‘RIMS’’ link, 1 Texas Eastern’s application was filed with the motor driven compressor units to 3,000 select ‘‘Docket#’’ and follow the Commission under Section 7 of the Natural Gas Act hp at the Barton Compressor Station. instructions (call 202–208–2222 for and Part 157 of the Commission’s regulations. Various appurtenant facilities would be
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replaced for more efficient and quieter public may have about proposals. This b. 14 perennial streams would be options. process is referred to as ‘‘scoping’’. The crossed, one of which is considered 9. Modify the Mount Pleasant main goal of the scoping process is to impaired by EPA classification Compressor Station in Giles County, focus the analysis in the EA on the standards. Tennessee by installing a mechanical important environmental issues. By this c. About 4 miles of the 4.5 mile St. VSD in place of the existing Notice of Intent, the Commission Francisville Discharge Loop would conventional gearbox on the existing requests public comments on the scope traverse through the Homochitto 15,000 hp electric motor driven of the issues it will address in the EA. National Forest. compressor unit. The uprate would All comments received are considered d. Eight residences are within 50-feet result in a 20,000 hp rating for the during the preparation of the EA. State of the proposed construction right-of- compressor unit. and local government representatives way. 10. Provide summer service to are encouraged to notify their Public Participation Carolina Power & Light Company. constituents of this proposed action and encourage them to comment on their You can make a difference by Phase III Facilities (November 1, 2004) areas of concern. providing us with your specific 11. Construct the Clinton Discharge The EA will discuss impacts that comments or concerns about the project. Loop, which consists of 12.8 miles of could occur as a result of the By becoming a commentor, your 36-inch-wide diameter pipeline and construction and operation of the concerns will be addressed in the EA appurtenant facilities in Madison proposed project under these general and considered by the Commission. You County, Mississippi. headings: should focus on the potential environmental effects of the proposal, 12. Provide service to Choctaw Gas a. Geology and soils alternatives to the proposal (including Generation, LLC b. Water resources, fisheries, and alternative routes), and measures to Choctaw Gas Generation, LLC wetlands avoid or lessen environmental impact. (Choctaw) has been identified as a c. Vegetation and wildlife The more specific your comments, the nonjurisdictional facility associated d. Endangered and threatened species more useful they will be. Please with the M–1 Expansion Project. The e. Cultural resources Choctaw facility would be comprised of f. Land use carefully follow these instructions to one steam-driven, and two gas-fired g. Air quality and noise ensure that your comments are received electric generating turbines. h. Public safety in time and properly recorded: The general location of the project • Send an original and two copies of We will also evaluate possible facilities is shown in Appendix 1.2 If your letter to: Magalie R. Salas, alternatives to the proposed project or you are interested in obtaining detailed Secretary, Federal Energy Regulatory portions of the project, and make maps of a specific portion of the project, Commission, 888 First St., NE., Room recommendations on how to lessen or send in your request using the form in 1A, Washington, DC 20426. avoid impacts on the various resource • Appendix 3. Label one copy of the comments for areas. the attention of Gas/Hydro Branch. Land Requirements for Construction Our independent analysis of the • Reference Docket No. CP02–381– Construction of the proposed facilities issues will be in the EA. Depending on 000. • would require about 536.4 acres of land. the comments received during the Mail your comments so that they Following construction, about 93.5 acres scoping process, the EA may be will be received in Washington, DC on would be required as new permanent published and mailed to Federal, state, or before July 26, 2002. right-of-way in Mississippi. No new and local agencies, public interest Please note that we are continuing to permanent right-of-way would be groups, interested individuals, affected experience delays in mail deliveries required in Alabama or Tennessee. The landowners, newspapers, libraries, and from the U.S. Postal Service. As a result, remaining 442.9 acres of land would be the Commission’s official service list for we will include all comments that we restored and allowed to revert to its this proceeding. A comment period will receive within a reasonable time frame former use. be allotted for review if the EA is in our environmental analysis of this published. We will consider all project. However, the Commission The EA Process comments on the EA before we make encourages electronic filing of any The National Environmental Policy our recommendations to the comments or interventions or protests to Act (NEPA) requires the Commission to Commission. this proceeding. See 18 CFR take into account the environmental To ensure your comments are 385.2001(a)(1)(iii) and the instructions impacts that could result from an action considered, please carefully follow the on the Commission’s web site at http:/ whenever it considers the issuance of a instructions in the public participation /www.ferc.gov under the ‘‘e-Filing’’ link Certificate of Public Convenience and section below. and the link to the User’s Guide. Before 3 you can file comments you will need to Necessity. NEPA also requires us to Currently Identified Environmental create a free account which can be discover and address concerns the Issues created by clicking on ‘‘Login to File’’ 2 The appendices referenced in this notice are not We have already identified several and then ‘‘New User Account.’’ being printed in the Federal Register. Copies are issues that we think deserve attention We might mail the EA for comment. available on the Commission’s website at the based on a preliminary review of the If you are interested in receiving it, ‘‘RIMS’’ link or from the Commission’s Public proposed facilities and the please return the Information Request in Reference and Files Maintenance Branch, 888 First Street, NE., Washington, DC 20426, or call (202) environmental information provided by Appendix 4. If you do not return the 208–1371. For instructions on connecting to RIMS Texas Eastern. This preliminary list of Information Request, you will be taken refer to the last page of this notice. Copies of the issues may be changed based on your off the mailing list. appendices were sent to all those receiving this comments and our analysis. On July 8–9, 2002, the staff of the notice in the mail. 3 ‘‘We’’, ‘‘us’’, and ‘‘our’’ refer to the a. 11 federally listed endangered or Office of Energy Projects (OEP) will environmental staff of the Office of Energy Projects threatened species may occur in the conduct a pre-certification site visit of (OEP). proposed project area. Texas Eastern’s M–1 Expansion Project
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in Amite, Franklin, Hinds, Copiah, and using the ‘‘RIMS’’ link to information in expertise with respect to environmental Madison Counties, Mississippi. The this docket number. Click on the issues to cooperate with us in the project area will be inspected by ‘‘RIMS’’ link, select ‘‘Docket #’’ from the preparation of the environmental automobile and on foot, as appropriate. RIMS Menu, and follow the document. Agencies who would like to Representatives of Texas Eastern will instructions. For assistance with access request cooperating status should follow accompany the OEP staff. All interested to RIMS, the RIMS helpline can be the instructions for filing comments parties may attend. Those planning to reached at (202) 208–2222.4 described in item k below. attend must provide their own Similarly, the ‘‘CIPS’’ link on the k. Deadline for filing additional study transportation. Contact the FERC Internet website provides access requests and requests for cooperating Commission’s Office of External Affairs to the texts of formal documents issued agency status: July 30, 2002. at 1–866–208–FERC if you are interested by the Commission, such as orders, All documents (original and eight in attending the visit. notices, and rulemakings. From the copies) should be filed with: Magalie R. Salas, Secretary, Federal Energy Becoming an Intervenor FERC Internet website, click on the ‘‘CIPS’’ link, select ‘‘Docket #’’ from the Regulatory Commission, 888 First In addition to involvement in the EA CIPS menu, and follow the instructions. Street, NE., Washington, DC 20426. scoping process, you may want to For assistance with access to CIPS, the Comments, protests and interventions become an official party to the CIPS helpline can be reached at (202) may be filed electronically via the proceeding known as an ‘‘intervenor’’. 208–2222. Internet in lieu of paper; see 18 CFR Intervenors play a more formal role in 385.2001(a)(1)(iii) and the instructions the process. Among other things, Linwood A. Watson, Jr., on the Commission’s web site under the intervenors have the right to receive Deputy Secretary. ‘‘e-Filing’’ link. copies of case-related Commission [FR Doc. 02–16483 Filed 6–28–02; 8:45 am] The Commission’s Rules of Practice documents and filings by other BILLING CODE 6717–01–P require all interveners filing documents intervenors. Likewise, each intervenor with the Commission to serve a copy of must provide 14 copies of its filings to that document on each person on the the Secretary of the Commission and DEPARTMENT OF ENERGY official service list for the project. must send a copy of its filings to all Further, if an intervener files comments other parties on the Commission’s Federal Energy Regulatory or documents with the Commission service list for this proceeding. If you Commission relating to the merits of an issue that want to become an intervenor you must may affect the responsibilities of a Notice of Application Tendered for file a motion to intervene according to particular resource agency, they must Filing With the Commission and Rule 214 of the Commission’s Rules of also serve a copy of the document on Soliciting Additional Study Requests Practice and Procedure (18 CFR that resource agency. 385.214) (see Appendix 2).4 Only June 25, 2002. Additional study requests and requests for cooperating agency status intervenors have the right to seek a. Type of Application: Original Major may be filed electronically via the rehearing of the Commission’s decision. License. Internet in lieu of paper. See 18 CFR Affected landowners and parties with b. Project No.: P–12187–000. 385.2001(a)(1)(iii) and the instructions environmental concerns may be granted c. Date Filed: June 3, 2002. intervenor status upon showing good d. Applicant: Price Dam Partnership, on the Commission’s web site (http:// cause by stating that they have a clear Limited. www.ferc.gov) under the ‘‘e-Filing’’ link. l. This application is not ready for and direct interest in this proceeding e. Name of Project: Price Dam which would not be adequately environmental analysis at this time. Hydroelectric Project. m. Description of Project: The represented by any other parties. You do f. Location: On the Mississippi River, proposed Price Dam Project would use not need intervenor status to have your in the city of Alton, Wood River the Melvin Price Locks & Dam and environmental comments considered. Township, Madison County, Illinois. reservoir, and would consist of the The project would be constructed on the Environmental Mailing List following facilities: (1) 192 portable, U.S. Corps of Engineers (Corps) Melvin turbine/generator units grouped in six This notice is being sent to Price Locks & Dam and the nearby steel modules 108.9 feet long by 26.2 individuals, organizations, and Illinois shoreline of the Mississippi feet wide by 44.0 feet high, (a) each government entities interested in and/or River and would affect 7.8 acres of module contains 32 turbine/generator potentially affected by the proposed federal lands (including Federal Corps sets (two horizontal rows of 16 units project. It is also being sent to all property between Piers 1 to 11 at the each) installed in six stoplog slots on identified potential right-of-way dam and a portion of the Illinois adjacent piers upstream from the nine grantors. By this notice we are also shoreline for the transmission line). existing Taintor gate bays in the dam, asking governmental agencies, g. Filed Pursuant to: Federal Power and (b) each turbine/generator unit especially those in Appendix 3, to Act 16 U.S.C. §§ 791(a)-825(r). includes a 550 kilowatt bulb-type express their interest in becoming h. Applicant Contact: James B. Price, generator, a fixed-blade propeller cooperating agencies for the preparation W.V. Hydro, Inc., P.O. Box 903, turbine, and a single draft tube for each of the EA. Gatlinburg, TN 37738, (865) 436–0402, two turbine/generating units; (2) six or [email protected]. Additional Information flexible power cables, each connecting i. FERC Contact: Lee Emery (202) Additional information about the the six, 32 turbine/generator sets to six 219–2778 or [email protected]. proposed project is available from the 7.2 kilovolt (kV) transformer and j. Cooperating agencies: We are asking Commission’s Office of External Affairs breaker sets on an adjacent pier; (3) Federal, state, local, and tribal agencies at (202) 208–1088 (direct line) or you lifting access columns at the end of each with jurisdiction and/or special can call the FERC operator at 1–800– module; (4) six air-operated spillway 847–8885 and ask for External Affairs. 4 Interventions may also be filed electronically via gates, 7 feet high by 96 feet long, Information is also available on the the Internet in lieu of paper. See the previous installed on top of each module with FERC website (http://www.ferc.gov) discussion on filing comments electronically. each gate containing an inflatable rubber
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bladder; (5) a hallway housing the Notice of the availability of the draft 2245, or by e-mail to station service transformer, motor NEPA document [email protected]. If any local, control center, and control system; (8) a Notice of the availability of the final state, or federal authorized agency slave terminal at the lockmaster’s office NEPA document representative is unable to attend, but and a control station located on the dam Order issuing the Commission’s wishes to participate via superstructure; (9) a 6.9-kV/138-kV step- decision on the application teleconferencing, please so indicate. up transformer located on a platform on Teleconferencing details will be Linwood A. Watson, Jr., the dam axis at elevation 479 feet provided later, when secure National Geodetic Vertical Datum; (10) Deputy Secretary. communications are assured. a mobile, 1,000 metric ton crane with an [FR Doc. 02–16488 Filed 6–28–02; 8:45 am] auxiliary crane riding on top of the BILLING CODE 6717–01–P Linwood A. Watson, Jr., module crane; these cranes would lower Deputy Secretary. and raise the power modules and [FR Doc. 02–16481 Filed 6–28–02; 8:45 am] operate the trash rake; (11) a fish bypass DEPARTMENT OF ENERGY BILLING CODE 6717–01–P on each module; (12) a trashrack Federal Energy Regulatory assembly with a two-inch clear spacing Commission between the bars, and a crane-operated DEPARTMENT OF ENERGY trash rake; (13) a 500-kilowatt generator; [Docket Nos. CP02–90–000, CP02–91–000, (14) a 0.9-mile-long, 138-kV CP02–92–000, and CP02–93–000] Federal Energy Regulatory transmission line connecting the project Commission power to the Mississippi Substation of AES Ocean Express, LLC; Notice of [Project No. 2000–036] Ameren, Incorporated; (15) an auxiliary Technical Conference New York Power Authority; Notice building; and (16) appurtenant facilities. June 25, 2002. Modifying a Restricted Service List for The average annual generation is AES Ocean Express, LLC (Ocean estimated to be 319,000 megawatt- Comments on a Programmatic Express) seeks authorization, pursuant hours. All generated power would be Agreement for Management Properties to Sections 3 and 7(c) of the Natural Gas sold to a local utility connected to the Included in or Eligible for Inclusion in Act (NGA), to construct and operate a grid. the National Register of Historical n. With this notice, we are initiating new pipeline to import gas from the Places consultation with the ILLINOIS Bahamas into Florida. The proposed HISTORIC PRESERVATION OFFICER route for the new pipeline traverses the June 25, 2002. (SHPO), as required by § 106, National Naval Surface Warfare Center’s South On April 14, 2000, the Federal Energy Historic Preservation Act, and the Florida Testing Facility, located in Regulatory Commission (Commission) regulations of the Advisory Council on waters off the coast of Broward County, issued a notice for the St. Lawrence-FDR Historic Preservation, 36 CFR 800.4. Florida. The Navy has objected to this Power Project proposing to establish a o. A copy of the application is on file proposed routing, contending the restricted service list for the purpose of with the Commission and is available pipeline as planned would interfere developing and executing a for public inspection. This filing may with the operational capabilities of the Programmatic Agreement (PA) for also be viewed on the web at http:// area’s existing in-water laboratory and managing properties included in or www.ferc.gov using the ‘‘RIMS’’ link— measurement facilities. Ocean Express eligible for inclusion in the National select ‘‘Docket #’’ and follow the has yet to present mitigation measures Register of Historic Places. On June 5, instructions (call 202–208–2222 for or route alternatives acceptable to the 2000, the restricted service list was assistance). A copy is also available for Navy. modified to include the Department of inspection and reproduction at the Take notice that a technical the Interior (Interior). On August 2, address in item h above. conference to discuss issues raised by 2001, the restricted service list was p. Pursuant to Section 4.32(b)(7) of 18 proposed pipeline’s routing will be held modified to: (1) Change the address for CFR of the Commission’s regulations, if on Tuesday, July 23, 2002, at 10:00 a.m., Mr. Thomas Tatham; (2) change the any resource agency, Indian Tribe, or in a room to be designated at the offices contact for the Saint Regis Mohawk person believes that an additional of the Federal Energy Regulatory Tribe; (3) change the contact for Interior; scientific study should be conducted in Commission, 888 First Street, NE., and (4) delete Mr. Robert Dean. The St. order to form an adequate factual basis Washington, DC, 20426. Parties to this Lawrence-FDR Power Project is located for a complete analysis of the proceeding and interested local, state, on the St. Lawrence River, in St. application on its merit, the resource and federal agencies that are not parties, Lawrence County, New York. The New agency, Indian Tribe, or person must file but that share jurisdiction or regulatory York Power Authority is the licensee. a request for a study with the responsibilities over matters that may Rule 2010 of the Commission’s Rules Commission not later July 30, 2002, and pertain to the proposed pipeline of Practice and Procedure provides that, serve a copy of the request on the routing, will be permitted to attend. In to eliminate unnecessary expense or applicant. view of the nature of national security improve administrative efficiency, the q. Procedural schedule: The issues expected to be discussed, the Secretary may establish a restricted application will be processed according conference will not be open to the service list for a particular phase or to the following milestones, some of public. issue in a proceeding.1 The restricted which may be combined to expedite Any party or authorized agency service list should contain the names of processing. representative who is planning to attend persons on the service list who, in the Notice of application has been accepted the conference must notify the judgment of the decisional authority for filing Commission Staff before 5 p.m. EST, establishing the list, are active Notice of NEPA Scoping (unless scoping Thursday, July 18, 2002. Please notify participants with respect to the phase or has already occurred) Mr. Richard Foley, Office of Energy issue in the proceeding for which the Notice of application is ready for Projects, Room 6N–07, in writing, or by environmental analysis calling (leave a message) at (202) 208– 1 18 CFR 385.2010
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list is established. The following ENVIRONMENTAL PROTECTION copy a maximum of 100 pages from any changes to the existing restricted service AGENCY regulatory docket at no charge. list are noted. Additional copies cost $0.15/page. This [FRL–7239–8] The contact for the Bureau of Indian document and the supporting Affairs has changed. Delete ‘‘Ms. Malka Agency Information Collection documents that detail the Notification of Pattison’’ and replace with ‘‘Dr. James Activities: Continuing Collection; Regulated Waste Activity ICR are also Kardatzke’’. Comment Request; Notification of electronically available. See the SUPPLEMENTARY INFORMATION section for As a result of these changes, the Regulated Waste Activity information on accessing them. revised final restricted service list, for AGENCY: Environmental Protection FOR FURTHER INFORMATION CONTACT: the purpose of commenting on the PA Agency (EPA). for the St. Lawrence-FDR Power Project, ACTION: RCRA Hotline is as follows: Notice. For general information, contact the Dr. Robert Kuhn, NY Office of Parks, SUMMARY: In compliance with the RCRA Hotline at (8000 424–9346, or Recreation, and Historic Preservation, Paperwork Reduction Act (44 U.S.C. TDD (800) 553–7672 (hearing impaired). Peebles Island, P.O. Box 189, 3501 et seq.), this notice announces that In the Washington, DC metropolitan Waterford, NY 12188–0189. EPA is planning to submit the following area, call (703) 412–9810, or TDD (703) William Slade, New York Power continuing Information Collection 412–3233. Request (ICR) to the Office of Authority, 123 Main Street, White Notification ICR Details Plains, NY 10601. Management and Budget (OMB): Notification of Regulated Waste For more detailed information on Kevin Mendik, National Park Service, Activity, EPA ICR #261.14, OMB No. specific aspects of the Notification 15 State Street, Boston, MA 02109. 2050–0028, expires on October 31, 2002. information collection request, contact Dr. James Kardatzke, Eastern Region Before submitting the ICRs to OMB for David Eberly by mail at the Office of Office, Bureau of Indian Affairs, 711 review and approval, EPA is soliciting Solid Waste (5303W), U.S. Stewarts Ferry Pike, Nashville, TN comments on specific aspects of the Environmental Protection Agency, 1200 37214. proposed information collection as Pennsylvania Avenue, NW., Salli Benedict, Henry Lickers, Mohawk described below. Washington, DC 20460, by phone at Council of Akwesasne, P.O. Box 579, DATES: Comments must be submitted on (703) 308–8645, or by e-mail at: Cornwall, Ontario K6H 5T3. or before August 30, 2002. [email protected]. David Blaha, Environmental Resources ADDRESSES: Commenters must send an SUPPLEMENTARY INFORMATION: Management, 2666 Riva Road, Suite original and two copies of their 200, Annapolis, MD 21401. comments referencing docket number Internet Availability Brian Skidders, Mohawk Nation Council RCRA–2002–0021 to: RCRA Docket Today’s document and the supporting of Chiefs, Box 366, Rooseveltown, NY Information Center, Office of Solid documents that detail the Notification of 13683. Waste (5305G), U.S. Environmental Regulated Waste Activity ICR are Protection Agency, 1200 Pennsylvania available on the Internet at: http:// Dr. Laura Henley Dean, Advisory Avenue NW, Washington, DC 20460. www.epa.gov/epaoswer/hazwaste/ Council on Historic Preservation, The Hand deliveries of comments should be notify/index.htm. Old Post Office Building, Suite 803, made to the Arlington, VA address Note: The official record for this action will 1100 Pennsylvania Avenue, NW., below. Comments may also be Washington, DC 20004. be kept in paper form and maintained at the submitted electronically to: rcra- address in the ADDRESSES section above. Thomas Tatham, New York Power [email protected]. Comments in Authority, 123 Main Street, White electronic format should also be Affected Entities: Entities potentially Plains, NY 10601. identified by the docket number RCRA affected by this action are generators, Judith M. Stolfo, Department of the –2002–0021. All electronic comments transporters and owners and operators Interior, Office of the Regional must be submitted as an ASCII file of hazardous waste management Solicitor, One Gateway Center, Suite avoiding the use of special characters facilities. 612, Newton, MA 02458–2802. and any form of encryption. Title: Notification of Regulated Waste Francis Boots, THPO, Saint Regis Commenters should not submit any Activity, EPA ICR #261.14, OMB No. Mohawk Tribe, 412 State Route 37, confidential business information (CBI) 2050–0028, expires on October 31, 2002. Hogansburg, NY 13655. electronically. An original and two Abstract: Section 3010 of Subtitle C of copies of CBI must be submitted under RCRA, as amended, requires any person Maxine Cole, Akwesasne Task Force on separate cover to: RCRA CBI Document who generates or transports regulated the Environment, P.O. Box 992, Control Officer, Office of Solid Waste waste or who owns or operates a facility Hogansburg, NY 13655. (5305W), U.S. EPA, 1200 Pennsylvania for the treatment, storage, or disposal James Teitt, Environmental Resources Avenue, NW., Washington, DC 20460. (TSD) of regulated waste to notify EPA Management, 355 East Campus View Public comments and supporting of their activities, including the location Blvd, Suite 250, Columbus, OH materials are available for viewing in and general description of activities and 43235. the RCRA Information Center (RIC), the regulated wastes handled. The Kimberly Owens, Department of the located at Crystal Gateway I, First Floor, facility is then issued an EPA Interior, 1849 C Street, NW., 1235 Jefferson Davis Highway, Identification number. The facilites are Washington, DC 20240. Arlington, VA. The RIC is open from 9 required to use the Notification Form a.m. to 4 p.m., Monday through Friday, (EPA Form 8700–12) to notify EPA of Linwood A. Watson, Jr., excluding federal holidays. To review their hazardous waste activities. Deputy Secretary. docket materials, it is recommended An agency may not conduct or [FR Doc. 02–16487 Filed 6–28–02; 8:45 am] that the public make an appointment by sponsor, and a person is not required to BILLING CODE 6717–01–P calling (703) 603–9230. The public may respond to, a collection of information
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unless it displays a currently valid OMB Burden means the total time, effort, or comments on specific aspects of the control number. The OMB control financial resources expended by persons proposed information collection as numbers for EPA’s regulations are listed to generate, maintain, retain, or disclose described below. in 40 CFR part 9 and 48 CFR chapter 15. or provide information to or for a DATES: Comments, identified by the The Agency today begins an effort to Federal agency. This includes the time docket control number OEI–10016, must examine the notification forms and needed to review instructions; develop, be submitted on or before August 30, consider options for reducing their acquire, install, and utilize technology 2002. burden and increasing the usefulness of and systems for the purposes of ADDRESSES: Comments may be the information these forms collect. The collecting, validating, and verifying submitted by mail, electronically, or in Agency would appreciate any information, processing and person. Please follow the detailed information on the users of this maintaining information, and disclosing instructions for each method as information, how they use this and providing information; adjust the provided in Unit III. of the information, how the information could existing ways to comply with any SUPPLEMENTARY INFORMATION section of be improved, and how the burden for previously applicable instructions and this notice. these forms can be reduced. requirements; train personnel to be able Therefore, the EPA would like to to respond to a collection of FOR FURTHER INFORMATION: For general solicit comments to: information; search data sources; information, contact The Emergency (i) Evaluate whether the proposed complete and review the collection of Planning and Community Right-to- collection of information is necessary information; and transmit or otherwise Know Hotline at (800) 424–9346 or for the proper performance of the disclose the information. (703) 412–9810, TDD (800)553–7672, functions of the agency, including http://www.epa.gov/epaoswer/hotline/. whether the information will have Dated: June 7, 2002. For technical information about this ICR practical utility; Elizabeth A. Cotsworth, renewal, contact: Judith Kendall, Toxics (ii) Evaluate the accuracy of the Director, Office of Solid Waste. Release Inventory Program Division, agency’s estimate of the burden of the [FR Doc. 02–16464 Filed 6–28–02; 8:45 am] OEI (2844T), Environmental Protection proposed collection of information, BILLING CODE 6560–50–P Agency, 1200 Pennsylvania Ave. NW., including the validity of the Washington, DC 20460, Telephone: methodology and assumptions used; 202–566–0750; Fax: 202–566–0727; (iii) Enhance the quality, utility, and ENVIRONMENTAL PROTECTION email: [email protected]. clarity of the information to be AGENCY SUPPLEMENTARY INFORMATION: collected; and (iv) Minimize the burden of the [OEI–10016; FRL–6723–9] I. Does This Notice Apply to Me? collection of information on those who Toxic Chemical Release Reporting; A. Affected Entities: Entities that will are to respond, including through the Alternate Threshold for Low Annual be affected by this action are those use of appropriate automated electronic, Reportable Amounts; Request for facilities that manufacture, process, or mechanical, or other technological Comment on Renewal Information otherwise use certain toxic chemicals collection techniques or other forms of Collection listed on the Toxics Release Inventory information technology, e.g., permitting (TRI) and which are required under electronic submission of responses. AGENCY: Environmental Protection section 313 of the Emergency Planning Burden Statement: The estimated Agency (EPA). and Community Right-to-Know Act of average burden for renewing the ACTION: Notice. 1986 (EPCRA), to report annually to existing notification ICR is 4.25 hours EPA their environmental releases of SUMMARY: per respondent for initial notifications In compliance with the such chemicals. and 1.84 hours per respondent for Paperwork Reduction Act (44 U.S.C. Currently, those industries with the subsequent notifications. This estimates 3501 et seq.), this notice announces that following SIC code designations (that for the notification ICR includes all EPA is planning to submit the following meet all other threshold criteria for TRI aspects of the information collection continuing Information Collection reporting) must report toxic chemical including time for reviewing Request (ICR) to the Office of releases and other waste management instructions, searching existing data Management and Budget (OMB) activities: sources, gathering data, and completing pursuant to the procedures described in • 20–39, manufacturing sector and reviewing the form. 5 CFR 1320.12: Alternate Threshold for • 10, metal mining (except for SIC EPA estimates that the number of Low Annual Reportable Amounts, Toxic codes 1011, 1081, and 1094) respondents per year for notifications is Chemical Release Reporting (EPA ICR • 12, coal mining (except for SIC code 31,125 (16,174 initial notifications and No. 1704.06, OMB No. 2070–0143). This 1241 and extraction activities) 14,951 subsequent notifications). For ICR covers the reporting and • 4911, 4931 and 4939, electrical this ICR, collection occurs one time per recordkeeping requirements associated utilities that combust coal and/or oil for respondent, unless regulations are with reporting under the alternate the purpose of generating power for revised and promulgated. Timing of the threshold for reporting to the Toxics distribution in commerce. submission of the notification is Release Inventory (TRI), which appear • 4953, RCRA Subtitle C hazardous variable depending on the status of the in 40 CFR part 372. An agency may not waste treatment and disposal facilities respondent and the timing of the conduct or sponsor, and a person is not • 5169, chemicals and allied products promulgation of the regulations. The required to respond to, a collection of wholesale distributors estimated total annual burden on information unless it displays a • 5171, petroleum bulk plants and respondents for initial and subsequent currently valid OMB control number. terminals notifications is 96,250 hours. These The OMB control numbers for EPA’s • 7389, solvent recovery services, and estimates of total annual burden reflect regulations are listed in 40 CFR part 9 • federal facilities in any SIC code a decrease in burden of 3.9% for all and 48 CFR Chapter 15. Before To determine whether you or your notifications when compared with the submitting the ICR to OMB for review business is affected by this action, you previously approved ICR (1999). and approval, EPA is soliciting should carefully examine the
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applicability provisions at 40 CFR part Office (7407), Office of Pollution (ii) Evaluate the accuracy of the Agency’s 372 and section 4(a) of the Supporting Prevention and Toxics (OPPT), estimate of the burden of the proposed Statement of the information collection. Environmental Protection Agency, 1200 collection of information, including the If you have any questions regarding the Pennsylvania Ave., NW., Ariel Rios validity of the methodology and assumptions used; applicability of this action to a Building, Washington, DC 20460. (iii) Enhance the quality, utility, and clarity particular entity, consult the person(s) 2. In person or by courier. Comments of the information to be collected; and listed in the FOR FURTHER INFORMATION may be delivered in person or by courier (iv) Minimize the burden of the collection CONTACT section. to: OPPT Document Control Office of information on those who are to respond, (DCO) in East Tower Rm. G–099, including through the use of appropriate II. How Can I Get Additional Waterside Mall, 401 M St., SW., automated electronic, mechanical, or other Information or Copies of This Washington, DC. The DCO is open from technological collection techniques or other Document and Other Support 8 a.m. to 4 p.m., Monday through forms of information technology, e.g., Documents: Friday, excluding legal holidays. The permitting electronic submission of responses. A. Electronic Availability telephone number for the DCO is (202) 260–7093. In addition, EPA is requesting Internet 3. Electronically. Submit your comment on a minor change to Electronic copies of the ICR are comments electronically by e-mail to: Certification Form A in this ICR. available from the EPA Home Page at ‘‘[email protected].’’ Please note that Facilities will be required to supply an the Federal Register—Environmental you should not submit any information e-mail address on the Form A that will Documents entry for this document electronically that you consider to be help to facilitate better lines of under ‘‘Laws and Regulations’’ (http:// CBI. Electronic comments must be communication between EPA and www.epa.gov/fedrgstr/). An electronic submitted as an ASCII file avoiding the facilities reporting to TRI. use of special characters and any form copy of the collection instrument IV. To What Information Collection of encryption. Comments and data will referenced in this ICR and instructions Activity or ICR Does This Notice also be accepted on standard computer for its completion are available at Apply? http://www.epa.gov/triinter/#forms. disks in WordPerfect 6.1/8.0 or ASCII file format. All comments and data in EPA is seeking comments on the In Person electronic form must be identified by following ICR, as well as the Agency’s The Agency has established an official the docket control number OEI–10016. intention to renew the corresponding record for this action under docket Electronic comments on this document OMB approval, which is currently control number OEI–10016. The official may also be filed online at many Federal scheduled to expire on January 31, record consists of the documents Depository Libraries. 2003. specifically referenced in this action, Title: Alternate Threshold for Low B. How Should I Handle CBI any public comments received during Annual Reportable Amounts. Information That I Want To Submit to an applicable comment period, and ICR numbers: EPA ICR No. 1704.06, the Agency? other information related to this action, OMB No. 2070–0143. including any information claimed as All comments which contain Abstract: EPCRA section 313 requires Confidential Business Information (CBI). information claimed as CBI must be certain facilities manufacturing, This official record includes the clearly marked as such. Three sanitized processing, or otherwise using certain documents that are physically located in copies of any comments containing toxic chemicals in excess of specified the docket, as well as the documents information claimed as CBI must also be threshold quantities to report their that are referenced in those documents. submitted and will be placed in the environmental releases of such The public version of the official record public record for this document. chemicals annually. Each such facility does not include any information Persons submitting information on any must file a separate report for each such claimed as CBI. The public version of portion of which they believe is entitled chemical. In accordance with the authority in the official record, which includes to treatment as CBI by EPA must assert EPCRA, EPA has established an printed, paper versions of any electronic a business confidentiality claim in alternate threshold for those facilities comments submitted during an accordance with 40 CFR 2.203(b) for with low amounts of a listed toxic applicable comment period, is available each such portion. This claim must be chemical in wastes. A facility that for inspection in the TSCA made at the time that the information is otherwise meets the current reporting Nonconfidential Information Center, submitted to EPA. If a submitter does thresholds, but estimates that the total North East Mall Rm. B–607, Waterside not assert a confidentiality claim at the amount of the chemical in waste does Mall, 401 M St., SW., Washington, DC. time of submission, EPA will consider not exceed 500 pounds per year, and The Center is open from noon to 4 p.m., this as a waiver of any confidentiality that the chemical was manufactured, Monday through Friday, excluding legal claim and the information may be made processed, or otherwise used in an holidays. The telephone number of the available to the public by EPA without amount not exceeding 1 million pounds Center is (202) 260–7099. further notice to the submitter. during the reporting year, can take III. How Can I Respond to This Notice? C. What Information Is EPA Particularly advantage of reporting under the Interested In? alternate threshold option for that A. How and to Whom Do I Submit chemical for that reporting year. Comments? Pursuant to section 3506(c)(2)(a) of the PRA, EPA specifically solicits Each qualifying facility that chooses You may submit comments through comments and information to enable it to apply the revised threshold must file the mail, in person, or electronically. Be to: the Form A Certification Statement sure to identify the appropriate docket (EPA Form 9350–2) in lieu of a (i) Evaluate whether the proposed control number (i.e., ‘‘OEI–10016’’) in collection of information is necessary for the complete TRI reporting Form R (EPA your correspondence. proper performance of the functions of the Form 9350–1). In submitting the Form A 1. By mail. All comments should be Agency, including whether the information certification statement, the facility sent in triplicate to: Document Control will have practical utility; certifies that the sum of the amount of
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the EPCRA section 313 chemical in Estimated No. of Respondents: 5,451 ENVIRONMENTAL PROTECTION wastes did not exceed 500 pounds for respondents. AGENCY the reporting year, and that the chemical Frequency of Responses: Annual. was manufactured, processed, or [FRL–7239–6] otherwise used in an amount not Estimated Total Annual Burden Hours: 145,534 burden hours. exceeding 1 million pounds during the National Advisory Council for reporting year. Use of the Form A Estimated Total Annual Burden Costs: Environmental Policy and Technology certification represents a substantial $6.35 million. savings to respondents, both in burden AGENCY: VI. Are There Changes in the Estimates Environmental Protection hours and in labor costs. Agency (EPA). The Form A certification statement From the Last Approval? provides communities with information ACTION: Notice of meeting. that the chemical is being The estimated burden described above differs from what is currently in manufactured, processed or otherwise SUMMARY: Under the Federal Advisory OMB’s inventory for alternate threshold used at facilities. Additionally, the Form Committee Act, P.L. 92463, EPA gives reporting: 14,793 responses (chemicals) A certification provides compliance notice of a meeting of the National and 644,761 burden hours. The burden monitoring and enforcement programs Advisory Council for Environmental estimated in this supporting statement and other interested parties with a Policy and Technology (NACEPT). differs from OMB’s inventory as a result means to track chemical management NACEPT provides advice and of adjustments to estimates of the activities and verify overall compliance recommendations to the Administrator with the rule. Responses to this number of responses (from 14,793 of EPA on a broad range of collection of information are mandatory responses (chemicals) to 5,121 environmental policy and management (see 40 CFR part 372) and facilities responses (Form As)), changes to unit issues. subject to reporting must submit either reporting burden estimates (from 30.2 to a Form A certification or a Form R. 9.2 burden hours per chemical certified NACEPT consists of a representative cross-section of EPA’s partners and V. What Are EPA’s Burden and Cost on a Form A), and an adjustment for use principle constituents who provide Estimates for This ICR? of TRI–ME, EPA’s intelligent report software (an additional burden advice and recommendations on policy Under the PRA, ‘‘burden’’ means the reduction of 3.1 hours per chemical issues and serve as a sounding board for total time, effort, or financial resources certified on a Form A) for those forms new strategies that the Agency is expended by persons to generate, developing. maintain, retain, or disclose or provide completed using TRI–ME. These information to or for a federal agency. changes are described in greater detail NACEPT will discuss a number of For this collection, it includes the time in the supporting statement for this ICR, issues, including emerging trends facing needed to review instructions; develop, available in the public version of the the agency, environmental technology, acquire, install, and utilize technology official record. and other program office initiatives. In and systems for the purposes of VII. What Is the Next Step in the addition, NACEPT will report on the collecting, validating, and verifying Process for This ICR? work and status of subcommittees and information, processing and workgroups. maintaining information, and disclosing EPA will consider the comments DATES: NACEPT will hold a two-day and providing information; adjust the received and amend the ICR as existing ways to comply with any public meeting on Thursday, July 18, appropriate. The final ICR package will 2002, from 8:30 a.m to 5 p.m., and previously applicable instructions and then be submitted to OMB for review requirements; train personnel to be able Friday, July 19, 2002, from 8:30 a.m. to and approval pursuant to 5 CFR 4 p.m. to respond to a collection of 1320.12. EPA will issue another Federal information; search data sources; Register notice pursuant to 5 CFR ADDRESSES: The meeting will be held at complete and review the collection of 1320.5(a)(1)(iv) to announce the the Hotel Washington at 515 15th Street information; and transmit or otherwise submission of the ICR to OMB and the NW., Washington, DC. The meeting is disclose the information. opportunity to submit additional open to the public, with limited seating The annual public burden for this comments to OMB. If you have any on a first-come, first-served basis. collection of information, which is questions about this ICR or the approval approved under OMB Control No. 2070– FOR FURTHER INFORMATION CONTACT: 0143, is estimated to average 13.7 hours process, please contact the person(s) Mark Joyce, Designated Federal Officer, listed in the FOR FURTHER INFORMATION for facilities submitting a Form A U.S. EPA, Office of Cooperative CONTACT section. certification statement for a single listed Environmental Management, at (202) chemical. By comparison, the average List of Subjects in 40 CFR Part 372 564–9802. time required for calculations, form Meeting Access: Individuals requiring completion and record keeping/mailing Environmental protection, special accommodation at this meeting, for Form R is estimated to average 19.5 Information collection requests, including wheelchair access, should hours per form. Thus, for a facility filing Reporting and record keeping a Form A certification for a single requirements. contact Mark Joyce at least five business days prior to the meeting so that chemical, the alternate threshold yields Dated: June 24, 2002. an average savings of 5.8 hours. appropriate arrangements can be made. Ramona Trovato, The ICR supporting statement Dated: June 21, 2002. Acting Assistant Administrator and Chief provides a detailed explanation of the Mark Joyce, burden estimates that are summarized Information Officer, Office of Environmental Designated Federal Officer. in this notice. The following is a Information. summary of the estimates taken from the [FR Doc. 02–16479 Filed 6–28–02; 8:45 am] [FR Doc. 02–16462 Filed 6–28–02; 8:45 am] ICR supporting statement: BILLING CODE 6560–50–U BILLING CODE 6560–50–P
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ENVIRONMENTAL PROTECTION ENVIRONMENTAL PROTECTION FOR FURTHER INFORMATION CONTACT: AGENCY AGENCY Electronic versions of the docket may be obtained at http://www.epa.gov/oeca/ [FRL–7240–2] [FRL–7239–5] fedfac/oversight/oversight.html. Federal Agency Hazardous Waste SUPPLEMENTARY INFORMATION: Notice of Scientific and Technological Compliance Docket Achievement Awards Subcommittee— Table of Contents Closed Meeting AGENCY: Environmental Protection 1.0 Introduction Agency. 2.0 Revisions of the Previous Docket AGENCY: Environmental Protection 3.0 Process for Compiling the Updated ACTION: Agency (EPA). Notice of fifteenth update of the Docket Federal Agency Hazardous Waste 4.0 Facilities Not Included ACTION: Notice. Compliance Docket, pursuant to 5.0 Facility Status Reporting SUMMARY: An ad hoc Subcommittee of CERCLA section 120(c). 6.0 Information Contained on Docket Listing the EPA Science Advisory Board will SUMMARY: Section 120(c) of the meet at the U.S. Environmental Comprehensive Environmental 1.0 Introduction Protection Agency (EPA), Washington, Response, Compensation, and Liability Section 120(c) of the Comprehensive DC, on July 10–12, 2002. Pursuant to Act of 1980 (CERCLA), as amended by Environmental Response, Section 10(d) of the Federal Advisory the Superfund Amendments and Compensation, and Liability Act of 1980 Committee Act (FACA), 5 U.S.C. App.2, Reauthorization Act of 1986 (SARA), (CERCLA), 42 United States Code and section (c)(6) of the Government in requires the Environmental Protection (U.S.C.) 9620(c), as amended by the the Sunshine Act, 5 U.S.C. 552b(c)(6) Agency (EPA) to establish a Federal Superfund Amendments and EPA has determined that the meeting Agency Hazardous Waste Compliance Reauthorization Act of 1986 (SARA), will be closed to the public. The Docket. The docket is to contain certain required the establishment of the purpose of the meeting is to recommend information about Federal facilities that Federal Agency Hazardous Waste to the Assistant Administrator of the manage hazardous waste or from which Compliance Docket. The docket Office of Research and Development hazardous substances have been or may contains information on Federal (ORD) the recipients of the Agency’s be released. (As defined by CERCLA facilities that is submitted by Federal 2000 Scientific and Technological section 101(22), a release is any spilling, agencies to the U.S. Environmental Achievement Cash Awards. These leaking, pumping, pouring, emitting, Protection Agency (EPA) under sections awards are established to honor and emptying, discharging, injecting, 3005, 3010, and 3016 of the Resource recognize EPA employees who have escaping, leaching, dumping, or Conservation and Recovery Act (RCRA), made outstanding contributions in the disposing into the environment.) 42 U.S.C. 6925, 6930, and 6937, and advancement of science and technology CERCLA requires that the docket be under section 103 of CERCLA, 42 U.S.C. through their research and development updated every six months, as new 9603. Specifically, RCRA section 3005 activities, as exhibited in publication of facilities are reported to EPA by Federal establishes a permitting system for their results in peer reviewed journals. agencies. The following list identifies certain hazardous waste treatment, In making these recommendations, the Federal facilities to be included in storage, and disposal (TSD) facilities; including the actual cash amount of this fifteenth update of the docket and RCRA section 3010 requires waste each award, the Agency requires full includes facilities not previously listed generators and transporters and TSD and frank advice from the EPA Science on the docket and reported to EPA since facilities to notify EPA of their Advisory Board. This advice will the last update of the docket, 66 FR hazardous waste activities; and RCRA involve professional judgments on the 50185, October 2, 2001, which was section 3016 requires Federal agencies relative merits of various employees and current as of May 1, 2001. SARA, as to submit biennially to EPA an their respective work. Such personnel amended by the Defense Authorization inventory of hazardous waste sites that issues, where disclosure of information Act of 1997, specifies that, for each the Federal agencies own or operate. of a personal nature would constitute an Federal facility that is included on the CERCLA section 103(a) requires that the unwarranted invasion of personal docket during an update, evaluation National Response Center (NRC) be privacy, are protected from disclosure shall be completed in accordance with notified of a release. CERCLA section by section (c)(6) of the Government in a reasonable schedule. Such site 103(c) requires reporting to EPA the the Sunshine Act, 5 U.S.C. 552b(c)(6). In evaluation activities will help determine existence of a facility at which accordance with the provisions of the whether the facility should be included hazardous substances are or have been Federal Advisory Committee Act, on the National Priorities List (NPL) and stored, treated, or disposed of and the minutes of the meeting will be kept for will provide EPA and the public with existence of known or suspected Agency and Congressional review. valuable information about the facility. releases of hazardous substances at such FOR FURTHER INFORMATION CONTACT: Mr. In addition to the list of additions to the facilities. Robert Flaak, Acting Deputy Staff docket, this notice includes a section The docket serves three major Director, US EPA Science Advisory that comprises revisions (that is, purposes: (1) To identify all Federal Board (1400A), U.S. Environmental corrections and deletions) of the facilities that must be evaluated to Protection Agency, 1200 Pennsylvania previous docket list. This update determine whether they pose a risk to Ave, NW., Washington, DC 20460, contains thirty additions and thirteen human health and the environment telephone: (202) 564–4546 or e-mail at: deletions since the previous update, as sufficient to warrant inclusion on the [email protected]. well as numerous other corrections to National Priorities List (NPL); (2) to the docket list. At the time of compile and maintain the information Dated: June 25, 2002. publication of this notice, the new total submitted to EPA on such facilities Christine Todd Whitman, number of Federal facilities listed on the under the provisions listed in section Administrator. docket is 2,231. 120(c) of CERCLA; and (3) to provide a [FR Doc. 02–16459 Filed 6–28–02; 8:45 am] DATES: This list is current as of January mechanism to make the information BILLING CODE 6560–50–P 31, 2002. available to the public.
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The initial list of Federal facilities to Cesar Lee (3HS50), US EPA Region 3, kilograms (kg) of hazardous waste in be included on the docket was 841 Chestnut Bg., Philadelphia, PA any single month. If a facility has published on February 12, 1988 (53 FR 19107 (215) 814–3205. generated more than 1,000 kg of 4280). Updates of the docket have been Philip Armstrong (SFD–9–1), US EPA hazardous waste in any single month published on November 16, 1988 (54 FR Region 9, 75 Hawthorne Street, San (that is, if the facility is an episodic 46364); December 15, 1989 (54 FR Francisco, CA 94105, (415) 947–3520. generator), it will be added to the 51472); August 22, 1990 (55 FR 34492); Gena Townsend (4WD–FFB), US EPA docket. In addition, facilities that are September 27, 1991 (56 FR 49328); Region 4, 61 Forsyth St., SW, Atlanta, SQGs and have reported releases under December 12, 1991 (56 FR 64898); July GA 30303, (404) 562–8538. CERCLA section 103 or hazardous waste 17, 1992 (57 FR 31758); February 5, Deborah Leblang (ECL–115), US EPA activities pursuant to RCRA section 1993 (58 FR 7298); November 10, 1993 Region 10, 1200 Sixth Avenue, 3016 will be listed on the docket and (58 FR 59790); April 11, 1995 (60 FR Seattle, WA 98101, (206) 553–0115. will undergo site evaluation activities, 18474); June 27, 1997 (62 FR 34779); Laura Ripley (SE–5J), US EPA Region 5, such as a PA and, when appropriate, an November 23, 1998 (63 FR 64806); June 77 W. Jackson Blvd., Chicago, IL SI. All such facilities will be listed on 12, 2000 (65 FR 36994); December 29, 60604, (312) 886–6040. the docket, whether or not they are 2000 (65 FR 83222), and October 2, 2001 Monica Lindeman (ECL, SACU2), US SQGs pursuant to RCRA. As a result, (66 FR 50185). This notice constitutes EPA Region 10, 1200 Sixth Avenue, some of the facilities that EPA is adding the fifteenth update of the docket. Seattle, WA 98101, (206) 553–5113. to the docket today are SQGs that had Today’s notice is divided into three 2.0 Revisions of the Previous Docket not been listed on the docket but that sections: (1) Additions, (2) deletions, have reported releases or hazardous Following is a discussion of the waste activities to EPA under another and (3) corrections. The additions revisions of the previous docket, section lists newly identified facilities reporting provision. including additions, deletions, and In the process of compiling the that have been reported to EPA since the corrections. last update and that now are being documents for the Regional repositories, included on the docket. The deletions 2.1 Additions EPA identified a number of facilities that had previously submitted PA section lists facilities that EPA is Today, thirty facilities are being reports, SI reports, Department of deleting from the docket. The added to the docket, primarily because Defense (DoD) Installation Restoration corrections section lists changes in of new information obtained by EPA (for Program (IRP) reports, or reports under information about facilities already example, recent reporting of a facility another Federal agency environmental listed on the docket. pursuant to RCRA sections 3005, 3010, restoration program, but do not appear The information submitted to EPA on or 3016 or CERCLA section 103). SARA, to have notified EPA under CERCLA each Federal facility is maintained in as amended by the Defense section 103. Section 120(c)(3) of the docket repository located in the EPA Authorization Act of 1997, specifies CERCLA requires that EPA include on Regional office of the Region in which that, for each Federal facility that is the docket, among other things, the facility is located (see 53 FR 4280 included on the docket during an information submitted under section (February 12, 1988)) for a description of update, evaluation shall be completed 103. In general, section 103 requires the information required under those in accordance with a reasonable persons in charge of a facility to provide provisions). Each repository contains schedule. notice of certain releases of hazardous the documents submitted to EPA under Of the thirty facilities being added to substances. The reports under various the reporting provisions and the docket, none are facilities that have Federal agency environmental correspondence relevant to the reporting reported to the NRC the release of a restoration programs may contain provisions for each facility. Contact the reportable quantity (RQ) of a hazardous information regarding releases of following docket coordinators for substance. Under section 103(a) of hazardous substances similar to that information on Regional docket CERCLA, a facility is required to report provided pursuant to section 103. EPA repositories: to the NRC the release of a hazardous believes that CERCLA section 120(c) Gerardo Mill(a´)n-Ramos (HBS), US EPA substance in a quantity that equals or authorizes the agency to include on the Region 1 #1 Congress St., Suite 1100, exceeds the established RQ. Reports of docket a facility that has provided Boston, MA 02114–2023 (617) 918– releases received by the NRC, the U.S. information to EPA through documents 1377. Coast Guard (USCG), and EPA are such as a report under a Federal agency transmitted electronically to the Philip Ofosu (6SF–RA), US EPA Region environmental restoration program, Transportation Systems Center at the 6, 1445 Ross Avenue, Dallas, TX regardless of the absence of section 103 U.S. Department of Transportation 75202–2733, (214) 665–3178. reporting. Therefore, some of the (DOT), where they become part of the Helen Shannon (ERRD), US EPA Region facilities that EPA is adding today are Emergency Response Notification being placed on the docket because they 2, 290 Broadway, 18th Floor, New System (ERNS) database. ERNS is a have submitted the documents York, NY 10007–1866, (212) 637– national computer database and described above that contain reports of 4260. retrieval system that stores information releases of hazardous substances. D. Karla Asberry (FFSC), US EPA on releases of oil and hazardous EPA also includes privately owned, Region 7, 726 Minnesota Avenue, substances. Facilities being added to the government-operated (POGO) facilities Kansas City, KS 66101, (913) 551– docket and facilities already listed on on the docket. CERCLA section 120(c) 7595. the docket for which an ERNS report requires that the docket contain Alida Karas (ERRD), US EPA Region 2, has been filed are identified by the information submitted under RCRA 290 Broadway, New York, NY 10007– notation ‘‘103(a)’’ in the ‘‘Reporting sections 3005, 3010, and 3016 and 1866, (212) 637–4276. Mechanism’’ column. CERCLA section 103, all of which Stan Zawistowski (EPR–F), US EPA It is EPA’s policy generally not to list impose duties on operators as well as Region 8, 999 18th Street, Suite 500, on the docket facilities that are small- owners of facilities. In addition, other Denver, CO 80202–2466, (303) 312– quantity generators (SQG) and that have subsections of CERCLA section 120 refer 6255. never generated more than 1,000 to facilities ‘‘owned or operated’’ by an
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agency or other instrumentality of the Extensive computer checks compared NFRAP is a term used in the Federal government. That terminology the current docket list with the Superfund site assessment program to clearly includes facilities that are information obtained from the databases identify facilities for which EPA has operated by the Federal government, identified above to determine which found that currently available even if they are not owned by it. facilities were, in fact, newly reported information indicates that listing on the Specifically, CERCLA section 120(e), and qualified for inclusion on the NPL is not likely and further assessment which sets forth the duties of the update. In spite of the quality assurance is not appropriate at the time. NFRAP Federal agencies after a facility has been efforts EPA has undertaken, state-owned status does not represent an EPA listed on the NPL, refers to the Federal or privately owned facilities that are not determination that no environmental agency that ‘‘owns or operates’’ the operated by the Federal government threats are present at the facility or that facility. In addition, the primary basis may have been included. Such problems no further environmental response for assigning responsibility for are caused by procedures historically action of any kind is necessary. NFRAP used to report and track data on Federal conducting PAs and SIs, as required status means only that the facility does facilities; EPA is working to resolve when a facility is listed on the docket, not appear, from the information is Executive Order 12580, which assigns them. Representatives of Federal agencies are asked to write to EPA’s available to EPA at this time, to warrant that responsibility to the Federal agency listing on the NPL and that, therefore, having ‘‘jurisdiction, custody, or docket coordinator at the following EPA anticipates no further involvement control’’ over a facility. address if revisions of this update information are necessary: Augusta K. by EPA in site assessment or cleanup at 2.2 Deletions Wills, Federal Agency Hazardous Waste the facility. However, additional CERCLA response actions by the Today, thirteen facilities are being Compliance Docket Coordinator, Federal agency that owns or operates deleted from the docket for various Federal Facilities Enforcement Office reasons, such as incorrect reporting of (Mail Code 2261A), U.S. Environmental the facility, whether remedial or hazardous waste activity, change in Protection Agency, 1200 Pennsylvania removal actions, may be necessary at a ownership, and exemption as an SQG Avenue NW., Washington, DC 20004. facility that has NFRAP status. The status information contained in the under RCRA (40 CFR 262.44). Facilities 4.0 Facilities Not Included being deleted no longer will be subject docket database is the result of Regional As explained in the preamble to the to the requirements of CERCLA section evaluation of information taken directly original docket (53 FR 4280), the docket 120(d). from CERCLIS. (CERCLIS is a database does not include the following that helps EPA Headquarters and 2.3 Corrections categories of facilities (note, however, Regional personnel manage sites, that any of these types of facilities may, Changes necessary to correct the programs, and projects. It contains the when appropriate, be listed on the NPL): official inventory of all CERCLA (NPL previous docket were identified by both • Facilities formerly owned by a EPA and Federal agencies. The changes and non-NPL) sites and supports all site Federal agency and now privately planning and tracking functions. It also needed varied from simple changes in owned will not be listed on the docket. integrates financial data from addresses or spelling to corrections of However, facilities that are now owned preremedial, remedial, removal and the recorded name and ownership of a by another Federal agency will remain enforcement programs.) The status facility. In addition, some changes in on the docket and the responsibility for information was taken from CERCLIS the names of facilities were made to conducting PAs and SIs will rest with and sent to the Regional docket establish consistency in the docket. the current owner. Many new entries are simply • SQGs that have never produced coordinators for review. The results of corrections of typographical errors. For more than 1,000 kg of hazardous waste those reviews were incorporated into each facility for which a correction has in any single month and that have not the status field in the docket database. been entered, the original entry reported releases under CERCLA section Subsequently, an updated list of (designated by an ‘‘O’’), as it appeared 103 or hazardous waste activities under facilities having NFRAP status (those for in the February 12, 1988 notice or RCRA section 3016 will not be listed on which an ‘‘N’’ appears in the status subsequent updates, is shown directly the docket. field) was generated; the list of updates below the corrected entry (designated by • Facilities that are solely since the previous publication of the a ‘‘C’’) for easy comparison. transporters, as reported under RCRA docket is being published today. 3.0 Process for Compiling the Updated section 3010, will not be listed on the Important limitations apply to the list Docket docket. of facilities that have NFRAP status. 5.0 Facility Status Reporting First, the information is accurate only as In compiling the newly reported of January 31, 2002. Second, a facility’s EPA has expanded the docket facilities for the update being published status may change at any time because today, EPA extracted the names, database to include information on the of any number of factors, including new addresses, and identification numbers of NFRAP status of listed facilities. site information or changing EPA facilities from four EPA databases— Indicating NFRAP status allows easy policies. Finally, the list of facilities that ERNS, the Biennial Inventory of Federal identification of facilities that, after have NFRAP status is based on Regional Agency Hazardous Waste Activities, the submitting all necessary site assessment review of CERCLIS data, is provided for Resource Conservation and Recovery information, were found to warrant no Information System (RCRIS), and the further involvement on the part of EPA information purposes only, and should Comprehensive Environmental at the time of the status change. not be considered binding upon either Response, Compensation, and Liability Accordingly, the docket database the Federal agency responsible for the Information System (CERCLIS)—that includes the following facility status facility or EPA. contain information about Federal codes: The status information in the docket facilities submitted under the four U=Undetermined database will be reviewed and a new list provisions listed in CERCLA section N=No further remedial action planned of facilities classified as NFRAP will be 120(c). (NFRAP) published at each docket update.
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6.0 Information Contained on Docket listed the name and address of the (12) (This correction code is no longer Listing facility, the Federal agency responsible used.) As discussed above, the update for the facility, the statutory provision(s) (13) (This correction code is no longer information below is divided into three under which the facility was reported to used.) separate sections. The first section is a EPA, and the correction code(s). (14) (This correction code is no longer list of new facilities that are being added The statutory provisions under which used.) to the docket. The second section is a a facility reported are listed in a column Categories for Addition of Facilities list of facilities that are being deleted titled ‘‘Reporting Mechanism.’’ from the docket. The third section Applicable mechanisms are listed for (15) Small-Quantity Generator With comprises corrections of information each facility: for example 3010, 3016, Either a RCRA 3016 or CERCLA 103 included on the docket. Each facility and 103(c). Reporting Mechanism The complete list of Federal facilities listed for the update has been assigned (16) One Entry Being Split Into Two/ a code(s) that indicates a more specific that now make up the docket and the complete list of facilities classified as no Federal Agency Responsibility Being reason(s) for the addition, deletion, or Split correction. The code key precedes the further remedial action planned (NFRAP) are not being published today. (17) New Information Obtained lists. Showing That Facility Should Be SARA, as amended by the Defense However, the lists are available to Included Authorization Act of 1997, specifies interested parties and can be obtained at that, for each Federal facility that is http://www.epa.gov/oeca/fedfac/ (18) Facility Was a Site on a Facility included on the docket during an oversight/oversight.html or by calling That Was Disbanded; Now a Separate update, evaluation shall be completed the HQ Docket Coordinator at (202) Facility in accordance with a reasonable 564–2468. As of today, the total number (19) Sites Were Combined Into One schedule. Therefore, all facilities on the of Federal facilities that appear on the Facility additions list to this fifteenth docket docket is 2,231. (19A) New Facility update must submit a PA and, if Dated: June 24, 2002. Categories for Corrections of warranted, an SI to EPA. The PA must Elliott J. Gilberg, Information About Facilities include existing information about a site Associate Director, Federal Facilities and its surrounding environment, Enforcement Office. (20) Reporting Provisions Change including a thorough examination of (20A) Typo Correction/Name Change/ human, food-chain, and environmental Docket Revisions Address Change targets, potential waste sources, and Categories of Revisions for Docket (21) Changing Responsible Federal migration pathways. From information Update by Correction Code Agency (New Responsible Federal in the PA or other information coming Agency Must Submit proof of Categories for Deletion of Facilities to EPA’s attention, EPA will determine previously performed PA, which is whether a follow-up SI is required. An (1) Small-Quantity Generator subject to approval by EPA) SI augments the data collected in a PA. (2) Not Federally Owned (22) Changing Responsible Federal An SI may reflect sampling and other (3) Formerly Federally Owned field data that are used to determine Agency and Facility Name (New (4) No Hazardous Waste Generated Responsible Must Submit proof of whether further action or investigation (5) (This correction code is no longer previously performed PA, which is is appropriate. This policy includes any used.) subject to approval by EPA) facility for which there is a change in (6) Redundant Listing/Site on Facility the identity of the responsible Federal (7) Combining Sites Into One Facility/ (23) New Reporting Mechanism Added agency. The reports should be submitted Entries Combined at Update to the Federal facilities coordinator in (8) Does Not Fit Facility Definition (24) Reporting Mechanism Determined the appropriate EPA Regional office. (9) (This correction code is no longer to Be Not Applicable After Review of The facilities listed in each section are used.) Regional Files organized by state and then grouped (10) (This correction code is no longer Note: Further information on definitions of alphabetically within each state by the used.) categories can be obtained by calling Augusta Federal agency responsible for the (11) (This correction code is no longer K. Wills, the HQ Docket Coordinator at (202) facility. Under each state heading is used.) 564–2468.
FEDERAL AGENCY HAZARDOUS WASTE COMPLIANCE DOCKET UPDATE #15 ADDITIONS
Reporting Facility name Address City State Zip Code Agency mecha- Code nism
FS–TONGASS NF: EAST W SIDE OF FS RD 1220, CRAIG ...... AK ... 99927 AGRICULTURE ...... 103C ...... 19A 12 MILE SITE. 35 MI SE OF CRAIG, T75S R83E S13, COP- PER RIVER MERIDIAN. US ARMY AVIATION ALABAMA HIGHWAY 85 DALEVILLE AL ... 36322–5000 ARMY ...... 3010 ...... 19A CENTER CAIRNS. USPS HILLCREST STA- 300 E HILLCREST BLVD INGLEWOO- CA ... 90301–9998 POSTAL SERVICE...... 3010 ...... 19A TION. D. NATIONAL WIND TECH- 18200 STATE HIGHWAY GOLDEN ..... CO .. 80403 ENERGY ...... 3016 ...... 19A NOLOGY CENTER. 128. US NATIONAL PHOTO 1ST & M STREET, SE .... WASHINGTO- DC .. 20374 NATIONAL IMAGERY 3010 ...... 19A INTERPRETATION N. AND MAPPING AGEN- CENTER. CY.
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FEDERAL AGENCY HAZARDOUS WASTE COMPLIANCE DOCKET UPDATE #15 ADDITIONS—Continued
Reporting Facility name Address City State Zip Code Agency mecha- Code nism
AMES LAB #1 ...... 1915 N. SCHOLL ROAD, AMES ...... IA .... 50011–3020 ENERGY ...... 3016 ...... 19A IOWA STATE UNIVER- SITY. LEWIS UNIVERSITY 1125 N COLLINS ...... JOLIET ...... IL ..... 60436 JUSTICE ...... 3010 ...... 19A CORRECTIONAL CEN- TER. US GOVERNMENT DEA .. 1716 W PERISHING RD CHICAGO ... IL ..... 60609 JUSTICE ...... 3010 ...... 19A FORT SHERIDAN NAVAL FORT SHERIDAN NAVAL FORT IL ..... 60037 NAVY ...... 3010 ...... 19A PROPERTY. PROPERTY. SHERI- DAN. ARMED FORCES INSTI- 16050 INDUSTRIAL GAITHERSB- MD .. 20877 ARMY ...... 3010 ...... 19A TUTE OF PATHOLOGY. DRIVE, STE 100. URG. GASCONADE (EX) BOAT CONFLUENCE OF GAS- GASCONAD- MO .. 65036 CORPS OF ENGINEERS, 103c ...... 19A YARD. CONADE AND MIS- E. CIVIL. SOURI RIVER. US MEDICAL CENTER 1900 W SUNSHINE ...... SPRINGFIEL- MO .. 65801 JUSTICE ...... 103c ...... 19A FEDERAL PRISON D. SPRINGFIELD. KIRKSVILLE (EX) AFS P– 6 MILES NORTH OF KIRKSVILLE MO .. 63501 TRANSPORTATION ...... 103c ...... 19A 64. KIRKSVILLE, WEST. STANLEY R MICKELSEN 1 MILE SOUTHWEST OF FAIRDALE .. ND .. 58205 AIR FORCE...... 103c ...... 19A SAFEGUARD COM- FAIRDALE. PLEX–(RSL–4) RE- MOTE SPRINT LA. STANLEY R MICKELSEN 3 MILES EAST OF HAMPDEN .. ND .. 58338 AIR FORCE...... 103c ...... 19A SAFEGUARD COM- HAMPDEN. PLEX—(RSL–1) RE- MOTE SPRING LA. STANLEY R MICKELSEN 6 MILES NORTH OF LANGDON .. ND .. 58249 AIR FORCE...... 103c ...... 19A SAFEGUARD COM- LANGDON. PLEX—(RSL–2) RE- MOTE SPRINT LA. STANLEY R MICKELSEN 19 MILES EAST OF LANGDON .. ND .. 58249 AIR FORCE...... 103c ...... 19A SAFEGUARD COM- LANGDON. PLEX—(RSL–3) RE- MOTE SPRINT LA. HALLAM NUCLEAR NE 1⁄4 SEC 19 T7N R6E HALLAM ..... NE ... 68368 ENERGY ...... 103c ...... 19A POWER FACILITY. NEW JERSEY AIR NA- 400 LANGLEY RD ...... EGG HAR- NJ ... 08234Ð9500 AIR FORCE...... 3010 ...... 19A TIONAL GUARD 177FW. BOR TWP. MAJ J O’DONOVAN AFR 90 N MAIN AVE ...... ALBANY ...... NY ... 12203 ARMY ...... 3010 ...... 19A CENTER. USCG—STATION JONES WESTEND BOAT BASIN FREEPORT NY ... 11520Ð5001 TRANSPORTATION...... 3010 ...... 19A BEACH. OFF OCEAN. BLM-BALM CREEK— E SIDE OF BAKER CITY OR .. 97814 INTERIOR ...... 103c ...... 19A POORMAN MINE COM- MOTHERLOAD RD, 6 PLEX. MI NE OF KEATING, T7S R43E S32, W.M., +44°55′01″ N, ¥117° 29′25″ W. FORT DIX TACONY 1500 PRINCETON AVE .. PHILADELPH- PA ... 19124 ARMY ...... 103c ...... 19A WAREHOUSE. IA. NATIONAL ENERGY POB 10940 ...... PITTSBURG- PA ... 15236 ENERGY ...... 3016 ...... 19A TECHNOLOGY LAB- H. ORATORY—PITTS- BURGH. APPALACHIAN SMELT- SOUTH HOLSTON LAKE BRISTOL .... TN ... 37620 TENNESSEE VALLEY 103c ...... 19A ING AND REFINERY. AUTHORITY. TENNESSEE VALLEY AU- HIGHWAY 69A ...... BIG SANDY TN ... 38221 TENNESSEE VALLEY 3010 ...... 19A THORITY. AUTHORITY. TVA WILSON 500 KV 2280 BECKWITH ROAD MOUNT JU- TN ... 37122 TENNESSEE VALLEY 3010 ...... 19A SUBSTATION. LIET. AUTHORITY. US COAST GUARD 3551 OLD HARRISON CHATTANOO- TN ... 37416Ð2825 TRANSPORTATION ...... 3010 ...... 19A (OUACHITA) SHORE- PIKE. GA. SIDE. TOOELE ARMY DEPOT 3 MI S OF TOOELE ON TOOELE ..... UT ... 84074 ARMY ...... 103c ...... 16 (NORTH AREA). HWY 36.
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FEDERAL AGENCY HAZARDOUS WASTE COMPLIANCE DOCKET UPDATE #15 ADDITIONS—Continued
Reporting Facility name Address City State Zip Code Agency mecha- Code nism
NAVAL SECURITY RANDALL ROAD, OFF SUGAR WV .. 26815 NAVY ...... 103c ...... 16 GROUP ACTIVITY STATE ROAD 21. GROVE. SUGAR GROVE— OPERATIONAL AREA.
FEDERAL AGENCY HAZARDOUS WASTE COMPLIANCE DOCKET UPDATE #15 DELETIONS
Zip Reporting mech- Facility name Address City State Code Agency anism Code
BRUNSWICK FACIL- ROUTE 11 ...... BRUNSWICK ...... GA .. 30365 EPA ...... 103a ...... 2 ITY. CHICAGO SITE ...... CALUMET HARBOR CHICAGO ...... IL ..... 60606 CORPS OF ENGI- 3010 ...... 4 NEERS, CIVIL. FS-ROBINS DIS- ...... WATERSMEET ...... MI ...... AGRICULTURE ...... 103a ...... 6 POSAL AREA. FAA-PECK VOR ...... 2250 E PECK RD ...... CROSWELL ...... MI .... 48422 TRANSPORTATION .. 3010 ...... 4 USEDA CO USACE ... 812 FIRST AVE ...... TWO HARBORS ...... MN .. 55616 ARMY ...... 3010 ...... 3 BRAINERD FOUNDRY 801 SOUTH 10TH BRAINERD ...... MN .. 56401 COMMERCE ...... 3010 3016 103c 3 STREET. OTTATI & GOSS ROUTE 125 ...... KINGSTON ...... NH .. 03848 EPA ...... 3010 ...... 2 SUPERFUND SITE. 7TH BATTALION 204 FRONTAGE RD RIO RANCHO ...... NM .. 87124 ARMY ...... 3010 ...... 3 HAWK. FORMER 5232 TOD WS NO 11 WARREN ...... OH .. 44481 GENERAL SERVICES 3010 ...... 3 LORDSTOWN ORD- ADMINISTRATION. NANCE DEPOT. NPS-CUYAHOGA 15610 VAUGHN BRECKSVILLE ...... OH .. 44141 INTERIOR ...... 3010 3016 103c 7 VALLEY NATIONAL ROAD. RECREATION AREA. AEROQUIP INOAC .... 1410 MOTOR DR ...... FREMONT ...... OH .. 43420 ...... 3010 ...... 2 ADMIRAL OLIN E 1901 S 1ST ST ...... TEMPLE ...... TX ... 76504 VETERANS AFFAIRS 3010 ...... 1 TEAGUE CENTER. RUSK COUNTY VET- 819 W SUMMIT AVE- LADY SMITH ...... WI ... 54848 ARMY ...... 3010 ...... 1 ERANS MEMORIAL NUE. ARMY RESERVE CENTER.
FEDERAL AGENCY HAZARDOUS WASTE COMPLIANCE DOCKET UPDATE #15 CORRECTIONS
Reporting Facility name Address City State Zip Code Agency mecha- Code nism
c ALASKA TOK FUEL 7 MI W OF TOK, ALAS- TOK ...... AK ... 99780 ARMY ...... 3010 ...... 20A TERMINAL. KA HWY 2. o ALASKA TOK FUEL 7 MI W OF TAK ALAS- TOK ...... AK ... 99780 ARMY ...... 3010 ...... TERMINAL. KA HWY 2 5TH ST BLDG. 790. c BLMÐBOSTIK INC 80 MI NW OF FAIR- RAMPART AK ... 99767 INTERIOR ...... 3010 103c 20A, 23 HOOSIER CREEK. BANKS, 65°26′54″ N, 150°04′31″ W. o BLMÐBOSTIK INC 65D26M54SN, RAMPART AK ... 99767 INTERIOR ...... 3010 ...... HOOSIER CREEK. 150D04M31SW. c BLMÐICY CAPE 50 MI SW OF WAIN- WAINWRIGH- AK ... 99782 INTERIOR ...... 103c 3010 20A DEW LINE SITE. WRIGHT 70°18′00″ N, T. 161°55′00″ W. o BLMÐICY CAPE 50 MI SW OF WAIN- WAINWRIGH- AK ... 99782 INTERIOR ...... 103c 3010 DEW LINE SITE. WRIGHT. T. c BLMÐSOURDOUGH 35 MI N OF GLENNALLE- AK ... 99588 INTERIOR ...... 103c ...... 20A LITTLE BEAR CAMP GLENNALLEN, W OF N. AKA SOURDOUGH RICHARDSON HWY. ARMY CAMP. o BLMÐSOURDOUGH RICHARDSON HWY 35 GLENALLE- AK ... 99588 INTERIOR ...... 103c ...... LITTLE BEAR CAMP. MI N OF N. GLENNALLEN.
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FEDERAL AGENCY HAZARDOUS WASTE COMPLIANCE DOCKET UPDATE #15 CORRECTIONS—Continued
Reporting Facility name Address City State Zip Code Agency mecha- Code nism
c FWSÐALASKA MARI- 30 MI E OF AKUTAN, AKUTAN .... AK ... 99553 INTERIOR ...... 103c ...... 20A TIME NWR: TIGALDA 54°04′48″ N, 165° ISLAND AWS. 03′27″ W. o FWSÐALASKA MARI- 30 MI E OF AKUTAN, AKUTAN .... AK ... 99553 INTERIOR ...... 103c ...... TIME NWR: TIGALDA 54°04′48″ N, ISLAND AWS. 165°03′27″ W. c NPSÐKATMAI NP: 32 MI E OF KING KING AK ... 99613 INTERIOR ...... 103c 3016 20A BROOKS CAMP. SALMON, NAKNEK SALMON. LAKE, 55°33′17″ N, 155°46′38″ W. o NPSÐKATMAI NP: 30 MI W OF CY, KING AK ...... INTERIOR ...... 103c 3016 BROOKS CAMP. NAKNEK LAKE. SALMON. c NPSÐWRANGELL ST T24S R32E S31, GLENNALLE- AK ... 99588 INTERIOR ...... 103c 3016 20A ELIAS NP&P: 59°42′30″ N, N. MALASPINA DRILL- 140°37′30″ W. ING MUD SITE. o NPSÐWRANGELL ST T24S R32E S31 ...... GLENALLE- AK ... 99588 INTERIOR ...... 103c 3016 ELIAS NP&P: N. MALASPINA DRILL- ING MUD SITE. c FAAÐBIG DELTA FORT GREELY AIR- DELTA AK ... 99737 TRANSPORTATION ...... 103c 3016 20A STATION. PORT, 63°59′40″ N, JUNC- 145°43′17″ W. TION. o FAAÐBIG DELTA FORT GREELY AIR- DELTA AK ... 99737 TRANSPORTATION ...... 103c 3016 STATION. PORT. JUNC- TION. c U.S. ARMY AVIA- 114 NOVOSEL STREET FORT AL ... 36362Ð5000 ARMY ...... 3005 3010 20A TION CENTER. BETWEEN HIGH- RUCKER. 3016 WAYS 134 AND 51. 103c. o AVIATION CENTER BLDG 1404 ...... FORT AL ... 36362Ð5000 ARMY ...... 3005 3010 AND FORT RUCKER. RUCKER. 3016 103c. c LITTLE ROCK AIR 4001 THOMAS AVE ...... LITTLE AR ... 72099Ð5005 AIR FORCE ...... 3005 3010 20A FORCE BASE. ROCK 3016 AFB. 103c 103a. o LITTLE ROCK AIR 314 CSG/CC ...... LITTLE AR ... 72099 AIR FORCE ...... 3005 3010 FORCE BASE. ROCK 3016 AFB AR. 103c 103a. c ARIZONA ARMY NA- 1001 N FLORENCE FLORENCE AZ ... 85232 ARMY ...... 103c ...... 20A TIONAL GUARD BLVD. FLORENCE RANGE. o FLORENCE RANGE ...... FLORENCE AZ ...... ARMY ...... 103c ...... c LAAFB-FORT MAC- 2400 PACIFIC AVENUE SAN CA ... 90731 AIR FORCE ...... 3016 103c 23 ARTHUR ANNEX. PEDRO. o LAAFB-FORT MAC- 2400 PACIFIC AVENUE SAN CA ... 90731 ...... 3016 ...... ARTHUR ANNEX. PEDRO. c SAN PEDRO DE- 3171 N. GAFFEY SAN CA ... 90731 DEFENSE LOGISTICS 3010 3016 23 FENSE FUEL SUP- STREET. PEDRO. AGENCY. 103c PLY CENTER. 103a. o SAN PEDRO DE- 3171 N. GAFFEY SAN CA ... 90731 DEFENSE LOGISTICS 3010 3016 FENSE FUEL SUP- STREET. PEDRO. AGENCY. 103c. PLY CENTER. c LAWRENCE LIVER- CORRAL HOLLOW TRACY ...... CA ... 95376 ENERGY ...... 3005 3010 20A MORE NATIONAL ROAD. 3016 LABORATORY-SITE 103c. 300. o LAWRENCE LIVER- CORRAL HOLLOW TRACY ...... CA ... 94550 ENERGY ...... 3005 3010 MORE NATIONAL ROAD. 3016 LABORATORY-SITE 103c. 300. c STANFORD LINEAR 2575 SAND HILL ROAD MENLO CA ... 94025 ENERGY ...... 3010 3016 20A ACCELERATOR CEN- PARK. 103c TER. 103a. o STANFORD LINEAR 2575 SANDHILL ROAD. MENLO CA ... 94305 ENERGY ...... 3010 3016 ACCELERATOR CEN- PARK. 103c TER. 103a.
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FEDERAL AGENCY HAZARDOUS WASTE COMPLIANCE DOCKET UPDATE #15 CORRECTIONS—Continued
Reporting Facility name Address City State Zip Code Agency mecha- Code nism
c FORMER LOWRY 5 MILES SOUTH OF AURORA ... CO .. 80137 AIR FORCE ...... 103c ...... 20A AFB TITAN MISSILE EAST QUINCY AV SITE 1 COMPLEX 2A. AND BRICK CENTER ROAD. o FORMER LOWRY 5 MILES SOUTH OF AURORA ... CO .. 80137 AIR FORCE ...... 103c ...... AFB TITAN MISSILE EAST QUINCY AV SITE 1 COMPLEX 2A. AND BRICK CENTER ROAD. c NATIONAL RENEW- 1617 COLE BLVD...... GOLDEN .... CO .. 80401 ENERGY ...... 3005 3010 20A ABLE ENERGY LAB- 3016 ORATORY. 103c. o SOLAR ENERGY 1617 COLE BLVD...... GOLDEN .... CO .. 80401 ENERGY ...... 3005 3010 RESEARCH INSTI- 3016 TUTE. 103c. c ROCKY FLATS EN- 1808 HIGHWAY 93, GOLDEN .... CO .. 80403 ENERGY ...... 3005 3010 20A VIRONMENTAL UNIT A. 3016 TECHNOLOGY SITE. 103c 103a. o ROCKY FLATS HWY. 93 BETWEEN GOLDEN .... CO .. 80402 ENERGY ...... 3005 3010 PLANT. GOLDEN & BOUL- 3016 DER. 103c 103a. c WAPA-MONTROSE 1800 S. RIO GRANDE MONTROS- CO .. 81401 ENERGY ...... 103c 3010 20A, 23 POWER OPER- AVE.. E. 3016. ATIONS CENTER. o WAPA-POWER OP- 1800 S. RIO GRANDE MONTROS- CO .. 81401 ENERGY ...... 103c 3010 ERATIONS. AVE. E. c HUBERT H. HUM- 200 INDEPENDENCE WASHINGTO- DC .. 20201 GENERAL SERVICES 3016 103c 20A, 21 PHREY BUILDING. AVENUE, SW. N. ADMINISTRATION. o HUBERT HUM- 200 INDEPENDENCE WASHINGTO- DC .. 20024 HEALTH AND HUMAN 3016 103c PHREY BUILDING. AVENUE, S.W.. N. SERVICES. c ANACOSTIA NAVAL 2701 SOUTH CAPITOL WASHINGTO- DC .. 20374 NAVY ...... 3010 103c 20A STATION. STREET SW. N. 3016. o ANACOSTIA NAVAL SOUTH CAPITAL ST/ WASHINGTO- DC .. 20374 NAVY ...... 3010 103c STATION. ANACOSTIA DR. N. 3016. c FORT GILLEM ...... 4653 N SECOND ST ..... FOREST GA .. 30297Ð5000 ARMY ...... 3005 3010 20A PARK. 3016 103c. o FORT GILLEM ...... ATTN AFZKÐEHÐC ...... FOREST GA .. 30330 ARMY ...... 3005 3010 PARK. 3016 103c. c FORT STEWART ..... 24TH INFANTRY DIV FORT GA .. 31314 ARMY ...... 3005 3010 23 AFZPÐDENÐE. STEW- 3016 ART. 103c 103a. o FORT STEWART ..... 24TH INFANTRY DIV FORT GA .. 31314 ARMY ...... 3005 3010 AFZPÐDENÐE. STEW- 3016 ART. 103c. c NAVACTS ORD- APRA HBR HTS AREA APRA HAR- GU .. 96910 NAVY ...... 103c ...... 20A NANCE ANNEX BY FENA RESV. BOR. GUAM. o GUAM NAVAL MAG- APRA HBR HTS AREA APRA HAR- AQ .. 96910 NAVY ...... 103c ...... AZINE. BY FENA RESV. BOR. c AMES LAB #2 ...... SPEDDING HALL, MET- AMES ...... IA .... 50011Ð3400 ENERGY ...... 103c 3016 20A ALS DEVELOPMENT, 3005 WILHELM HALL & 3010. TASF. o AMES LABORA- 109 OFFICE & LAB, ISU AMES ...... IA .... 50011 ENERGY ...... 103c 3016 TORY-APPLIED 3005 SCIENCE CENTER. 3010. c IDAHO NATIONAL US HWY 20/26, 40 MI IDAHO ID .... 83401 ENERGY ...... 3005 3010 20a ENGINEERING AND WEST OF IDAHO FALLS. 3016 ENVIRONMENTAL FALLS. 103c LABORATORY 103a. (INEEL). o IDAHO NATIONAL US HWY 20/26, 40 MI SCOVILLE ID .... 83401 ENERGY ...... 3005 3010 ENGINEERING AND WEST OF IDAHO 3016 ENVIRONMENTAL FALLS. 103c LABORATORY. 103a.
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FEDERAL AGENCY HAZARDOUS WASTE COMPLIANCE DOCKET UPDATE #15 CORRECTIONS—Continued
Reporting Facility name Address City State Zip Code Agency mecha- Code nism
c CHANUTE AIR 3345 CES AFB ...... RANTOUL .. IL ..... 61868 AIR FORCE ...... 3005 3010 20A FORCE BASE. 3016 103c. o CHANUTE AIR OLÐB AFBCA 1 AVIA- RANTOUL .. IL ..... 61868 AIR FORCE ...... 3005 3010 FORCE BASE. TION CENTER 3016 DRIVE, SUTE 101. 103c. c ROCK ISLAND AR- RODMAN AVE ...... ROCK IS- IL ..... 61299Ð5000 ARMY ...... 3005 1010 20A SENAL. LAND. 3016 103c. o ROCK ISLAND AR- ARSENAL ISLAND ROCK IS- IL ..... 61201 ARMY ...... 3005 3010 SENAL. ROCK ISLAND LAND. 3016 COUNTY. 103c. c NAVAL TRAINING PUBLIC WORKS CEN- GREAT IL ..... 60088Ð5600 NAVY ...... 3005 3010 20A, 23 CENTER GREAT TER BUILDING 1A. LAKES. 3016 LAKES. 103c 103a. o NAVAL TRAINING 2601 PAUL JONES GREAT IL ..... 60008 NAVY ...... 3005 3010 CENTER GREAT STREET. LAKES. 3016 LAKES. 103c. c MCCONNELL AIR 53000 HUTCHINSON WICHITA .... KS ... 67221Ð3617 AIR FORCE ...... 3005 3010 20A FORCE BASE. STE 109. 3016 103c. o MCCONNELL AIR 2801 S ROCK RD ...... WICHITA .... KS ... 67210 AIR FORCE ...... 3005 3010 FORCE BASE. 3016 103c. c PADUCAH GAS- 5600 HOBBS ROAD ...... WEST PA- KY ... 42086 ENERGY ...... 3005 3010 20A EOUS DIFFUSION DUCAH. 3016 PLANT. 103a 103c. o PADUCAH GAS- PO BOX 1410 HOBBS PADUCAH KY ... 42001 ENERGY ...... 3005 3010 EOUS DIFFUSION ROAD. 3016 PLANT. 103a 103c. c FORT HOLABIRD CORNER OF OAKLAND BALTIMOR- MD .. 21222 ARMY ...... 103c ...... 20A CRIME RECORDS AND DETROIT AVE- E. CENTER. NUE. o FORT HOLABIRD CORNER OF OAKLAND BALTIMOR- MD .. 21222 ...... 103c CRIME RECORDS AND DETROIT AVE- E. CENTER. NUE. c FORT LEONARD DIRECTORATE OF FORT MO .. 65473Ð8944 ARMY ...... 3005 3010 20A WOOD, U.S. ARMY PUBLIC WORKS, LEON- 3016 MANEUVER SUP- 1334 FIRST STREET. ARD 103c. PORT CENTER. WOOD. o AIR TRAINING COM- T44, PULASKI COUNTY FORT MO .. 65473 ARMY ...... 3005 3010 MAND-ENGINEER & LEON- 3016 FORT LEONARD ARD 103c. WOOD. WOOD. c NIKE BATTERY ROUTE KK ...... LONE JACK MO .. 64070 ARMY ...... 103c 3016 20A, 21, KANSAS CITYÐ30 IN- 23 ACTIVE. o NIKE BATTERY 2.5 MI S OF LONE PLEASANT MO .. 64080 DEFENSE ...... 103c ...... KANSAS CITYÐ30 IN- JACK. HILL. ACTIVE. c NAVAL AIR STATION 1155 ROSENBAUM AV- MERIDIAN MS .. 39309Ð5003 NAVY ...... 3010 103c 20A MERIDIAN. ENUE, STE 13. o MERIDIAN NAVAL PUBLIC WORKS DE- MERIDIAN MS .. 39309 NAVY ...... 3010 103c AIR STATION. PARTMENT. c FWS-GREAT 152 PLEASANT PLAINS BASKING NJ ... 07920Ð9615 INTERIOR ...... 3016 103c 20A SWAMP NATIONAL ROAD. RIDGE. 3010. WILDLIFE REFUGE. o FWS-GREAT RD 1, BOX 152 ...... BASKING NJ ... 07920 INTERIOR ...... 3016 103c SWAMP NATIONAL RIDGE. 3010. WILDLIFE REFUGE. c PLUM ISLAND ANI- ROUTE 25 ...... ORIENT NY ... 11957 AGRICULTURE ...... 3016 103c 20A MAL DISEASE CEN- POINT. 3010. TER. o PLUM ISLAND ANI- PLUM ISLAND ...... ORIENT NY ... 11957 AGRICULTURE ...... 3016 103c MAL DISEASE CEN- POINT. 3010. TER.
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FEDERAL AGENCY HAZARDOUS WASTE COMPLIANCE DOCKET UPDATE #15 CORRECTIONS—Continued
Reporting Facility name Address City State Zip Code Agency mecha- Code nism
c PORTSMOUTH GAS- 3930 U.S. ROUTE 23 PIKETON ... OH .. 45661 ENERGY ...... 3005 3010 20A EOUS DIFFUSION SOUTH. 3016 PLANT. 103c 103a. o PORTSMOUTH GAS- US RTE 235 ...... PIKETON ... OH .. 45661 ENERGY ...... 3005 3010 EOUS DIFFUSION 3016 PLANT. 103c 103a. c KREJCI DUMP SITE 814 W HINES HILL RD BOSTON OH .. 44264 INTERIOR ...... 3010 3016 20, 20A HEIGHTS. 103c. o KREJCI DUMP SITE 814 HINES HILL RD ...... BOSTON OH .. 44236 ...... 3010 ...... HEIGHTS. c JOHN GLENN RE- 21000 BROOKPARK CLEVELAN- OH .. 44135 NASA ...... 3010 3016 20A SEARCH CENTER. ROAD. D. 103a 103c. o GLENN RESEARCH 6100 BROOKPARK CLEVELAN- OH .. 44135 NASA ...... 3010 3016 CENTER AT LEWIS ROAD. D. 103a FIELD. 103c. c MCALESTER ARMY 1 C TREE ROAD ...... MCALESTE- OK .. 74501Ð9002 ARMY ...... 3005 3010 23 AMMUNITION PLANT. R. 3016 103c 103a. o MCALESTER ARMY 1 C TREE ROAD ...... MCALESTE- OK .. 74501Ð9002 ARMY ...... 3005 3010 AMMUNITION PLANT. R. 3016 103c. c THE DALLES DAM ... RIVER MI 192, EXIT 88, THE OR .. 97058 CORPS OF ENGI- 3010 103c 20A IÐ84 4 MI E OF THE DALLES. NEERS, CIVIL. DALLES. o THE DALLES DAM ... EXIT 88 ...... THE OR .. 97058 CORPS OF ENGI- 3010 103c DALLES. NEERS, CIVIL. c EASTERN RE- 600 EAST MERMAID WYNDMOO- PA ... 19038 AGRICULTURE ...... 3010 103c 20A GIONAL RESEARCH LANE. R. 3016. CENTER. o WYNDMOOR ...... 600 E MERMAID LN ..... WYNDMOO- PA ... 19118 AGRICULTURE ...... 3010 103c R. 3016. c CARLISLE ARMY U.S. HIGHWAY 11 AND CARLISLE PA ... 17013 ARMY ...... 103c 103a 20A, 23 BARRACKS. ASHBURN DRIVE. 3016. o CARLISLE ARMY CARLISLE BARRACKS CARLISLE PA ... 17013 ARMY ...... 103c 103a BARRACKS. c BETTIS ATOMIC 814 PITTSBURGH WEST PA ... 15122Ð0109 ENERGY ...... 3005 3010 20A POWER LABORA- MCKEESPORT BLVD. MIFFLIN. 3016 TORY. 103c. o BETTIS ATOMIC PO BOX 109 BETTIS WEST PA ... 15122Ð0109 ENERGY ...... 3005 3010 POWER LABORA- RD. MIFFLIN 3016 TORY. BOR- 103c. OUGH. c PUERTO RICO RD 1 KM 3.6—TRAIN- SALINAS .... PR ... 00751 ARMY ...... 103c 3010 20A ARMY NATIONAL ING SITE. 3016. GUARD—CAMP SANTIAGO. o CAMP SANTIAGO .... ROUTE 1 ...... SALINAS .... PR ... 00751 ARMY ...... 103c 3010 3016. c SHAW AFB SC HWY 261 4 MILES WEDGEFIEL- SC ... 29168 AIR FORCE ...... 3016 103c 20A, 23 POINSETT RANGE. OF. D. o POINSETT WEAP- 4 MILES S OF WEDGEFIEL- SC ... 29152 AIR FORCE ...... 3016 ...... ONS RANGE. WEDGEFIELD SC. D. c WAPA-WATERTOWN 1 MI. E. OF IÐ29 ...... WATERTOW- SD ... 57201 ENERGY ...... 3010 103c 23 SUBSTATION. N. 3016. o WAPA-WATER- 1 MI. E. OF IÐ29 ...... WATERTOW- SD ... 57201 ENERGY ...... 3010 103c TOWN SUBSTATION. N. c MOORE AIR BASE ... 6 MILES NORTH OF EDINBURG TX ... 78539 AGRICULTURE ...... 103c 3016 20A, 23 ALTON TEXAS, ROUTE 6017. o MOORE AIR BASE .. RTE 3, BOX 1004, RM MCALLEN .. TX ... 78539 AGRICULTURE ...... 103c ...... 55. c TOOELE ARMY HIGHWAY 36, 12 MI S TOOELE .... UT ... 84074 ARMY ...... 3005 3010 20A DEPOT (SOUTH OF TEAD-N. 3016 AREA). 103c 103a.
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FEDERAL AGENCY HAZARDOUS WASTE COMPLIANCE DOCKET UPDATE #15 CORRECTIONS—Continued
Reporting Facility name Address City State Zip Code Agency mecha- Code nism
o TOOELE ARMY STATE HWY. 36 ...... TOOELE .... UT ... 84074 ARMY ...... 3005 3010 DEPOT. 3016 103c 103a. c FORT MONROE ...... 318 CORNOG LANE ..... FORT VA ... 23651Ð1110 ARMY ...... 3010 3016 20A, 23 MONROE. 103c 103a. o FORT MONROE ...... 1 POINT COMFORT ..... HAMPTON VA ... 23364 ARMY ...... 3010 3016 103c. c FORT MYER ...... 204 LEE AVE ...... FORT VA ... 22211Ð1199 ARMY ...... 3010 103c 20A MYER. 3016. o FORT MYER ...... US ARMY FT MYER ..... FORT VA ... 22211 ARMY ...... 3010 103c MYER. 3016. c U.S. ARMY COM- 1816 SHOP ROAD ...... FORT LEE VA ... 23801 ARMY ...... 3005 3010 20A BINED ARMS SUP- 3016 PORT COMMAND 103c. AND FORT LEE. o FORT LEE ...... BLDG 6205 SHOP RD .. FORT LEE VA ... 23875 ARMY ...... 3005 3010 3016 103c. c FS-OKANOGAN- 19284 HWY 20, 300 W WINTHROP WA .. 98862 AGRICULTURE ...... 103c ...... 20A WENATCHEE NF: OF DOWNTOWN CY, LOWER WINTHROP +48.481111° N, COMPOUND. -120.186668° W. o FS-OKANOGAN- 19284 HWY 20, 300 FT WINTHROP WA .. 98862 AGRICULTURE ...... 103c ...... WENATCHEE NF: W OF DOWNTOWN WINTHROP LOWER WINTHROP. COMPOUND. c FS-OKANOGAN- 23 INTERCITY AIR- WINTHROP WA .. 98862 AGRICULTURE ...... 103c ...... 20A WENATCHEE NF: PORT RD, 3 MI SE NORTH CASCADES OF CY, +48.4206667° SMOKE JUMPER N,—120.1470000° W. BASE. o FS-OKANOGAN- 23 INTERCITY AIR- WINTHROP WA .. 98862 AGRICULTURE ...... 103c ...... WENATCHEE NF: PORT RD, 3 MI SE NORTH CASCADES OF WINTHROP. SMOKE JUMPER BASE. c HANFORD SITE ...... HANFORD SITE ...... RICHLAND WA .. 99352 ENERGY ...... 3005 3010 23 3016 103c 103a. o HANFORD SITE ...... HANFORD SITE ...... RICHLAND WA .. 99352 ENERGY ...... 3005 3010 3016 103c. c VOLK FIELD ...... HWY 94 JUNEAU CAMP WI ... 54618 AIR FORCE ...... 3016 3010 20A COUNTY. DOUG- 103c. LAS. o CAMP DOUGLASS HWY 94 JUNEAU CAMP WI ... 54618 AIR FORCE ...... 3016 3010 AIR NATIONAL COUNTY. DOUG- 103c. GUARD BASEÐOMS1. LAS. c NATIONAL ENERGY 3610 COLLINS FERRY MORGANTO- WV .. 26507 ENERGY ...... 3010 103c 20A, 23 TECHNOLOGY LAB- ROAD. WN. 3016. ORATORY—MOR- GANTOWN. o MORGANTOWN EN- 3610 COLLINS FERRY MORGANTO- WV .. 26505 ENERGY ...... 3010 103c ERGY TECHNOLOGY RD. WN. CENTER. c NAVAL SECURITY 63 HEDRICK DR ...... SUGAR WV .. 26815Ð5000 NAVY ...... 3010 3016 20A GROUP ACTIVITY GROVE. 103c. SUGAR GROVE— MAIN BASE. o SUGAR GROVE 10 MI OFF RTE 33 ...... SUGAR WV .. 26815Ð0001 NAVY ...... 3010 3016 NAVAL SECURITY GROVE. 103c. GROUP ACTIVITY, LF #1. c HIGH PLAINS 8404 HILDRETH ROAD CHEYENNE WY .. 82009Ð8899 AGRICULTURE ...... 3016 103c 20A GRASSLANDS RE- SEARCH STATION.
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FEDERAL AGENCY HAZARDOUS WASTE COMPLIANCE DOCKET UPDATE #15 CORRECTIONS—Continued
Reporting Facility name Address City State Zip Code Agency mecha- Code nism
o HIGH PLAINS 8408 HILDRETH ROAD CHEYENNE WY .. 82009 AGRICULTURE ...... 3016 103c GRASSLANDS RE- SEARCH STATION. c HOE CREEK UN- 531 HOE CREEK ROAD GILLETTE .. WY .. 82717 ENERGY ...... 103c 3016 20A, 23 DERGROUND COAL GASIFICATION PROJECT. o HOE CREEK ...... GILLETTE .. WY ...... ENERGY ...... 103c ...... c ROCK SPRINGS OIL 392 PURPLE SAGE ROCK WY .. 82901 ENERGY ...... 103c 3016 20A, 23 SHALE RETORT ROAD. SPRINGS. PROJECT. o ROCK SPRINGS OIL 7 MI W OF ROCK ROCK WY .. 82902 ENERGY ...... 103c ...... SHALE RETORT SPRINGS. SPRINGS. PROJECT. c WAPAÐCASPER 5600 W. POISON SPI- MILLS ...... WY .. 82644 ENERGY ...... 103c 3016 20A, 23 FIELD BRANCH. DER ROAD. o WAPAÐCASPER W OF MT VIEW ON MILLS ...... WY .. 82644 ENERGY ...... 103c ...... FIELD BR. SPIDER RD. c BLMÐRAWLINS P.O. BOX 953 ...... RAWLINS .. WY .. 82301 INTERIOR ...... 103c ...... 20A LANDFILL. o BLMÐRAWLINGS P.O. BOX 953 ...... RAWLINS .. WY .. 82301 INTERIOR ...... 103c ...... LANDFILL.
FEDERAL AGENCY HAZARDOUS WASTE COMPLIANCE DOCKET NFRAP STATUS FACILITIES UPDATE
Reporting Facility name Address City State Zip Code Agency mecha- nism
BLM-BOSTIK INC HOOSIER 80 MI NW OF FAIRBANKS, RAMPART .... AK ... 99767 INTERIOR ...... 3010 103c CREEK. 65° 26′ 54″ N, 150° 04′ 31″ W. BLM-ICY CAPE DEW LINE 50 MI SW OF WAIN- WAINWRIGH- AK ... 99782 INTERIOR ...... 103c 3010 SITE. WRIGHT, 70° 18′ 00″ N, T. 161° 55′ 00″ W. BLM-SOURDOUGH LITTLE 35 MI N OF GLENNALLEN, GLENNALLE- AK ... 99588 INTERIOR ...... 103c BEAR CAMP AKA W OF RICHARDSON N. SOURDOUGH ARMY HWY. CAMP SITE. FWS-ALASKA MARITIME 30 MI E OF AKUTAN, 54° AKUTAN ...... AK ... 99553 INTERIOR ...... 103c NWR: TIGALDA ISLAND 04′ 48″ N, 165° 03′ 27″ W. AWS. NPS-KATMAI NP: BROOKS 32 MI E OF KING SALMON, KING SALM- AK ... 99613 INTERIOR ...... 103c 3016 CAMP. NAKNEK LAKE, 55° 33′ ON. 17″ N, 155° 46′ 38″ W. NPS-WRANGELL ST ELIAS T24S R32E S31, 59° 42′ GLENNALLE- AK ... 99588 INTERIOR ...... 3016 103c NP&P: MALASPINA 30″ N, 140° 37′ 30″ W. N. DRILLING MUD SITE. FAA-BIG DELTA STATION .. FORT GREELY AIRPORT, DELTA AK ... 99737 TRANSPORTATION ...... 3016 103c 63° 59′ 40″ N, 145° 43″ JUNCTION. 17″ W. MARTIN-GADSDEN AIR NA- GADSDEN MUNICIPAL GADSDEN .... AL ...... AIR FORCE ...... 103c 3010 TIONAL GUARD STATION. AIRPORT. SHAVER LAKE LANDFILL ... DINKEY CREEK ROAD ...... SHAVER CA ... 93664 AGRICULTURE ...... 103c LAKE. BP-LITTLETON FEDERAL 9595 WEST QUINCY AVE- LITTLETON .. CO .. 80123 JUSTICE ...... 103c CORRECTION INSTITUTE. NUE. LONG ISLAND SOUND 120 WOODWARD AVE ...... NEW HAVEN CT ... 06512 TRANSPORTATION ...... 3010 103c COAST GUARD GROUP. OSCEOLA NATIONAL FOR- HIGHWAY 100 ...... LAKE CITY ... FL ... 32055 AGRICULTURE ...... 3016 103c EST SITE 1. RUSSELL RESEARCH CEN- 950 COLLEGE STATION ATHENS ...... GA .. 30613 AGRICULTURE ...... 3016 3010 TER. ROAD. ARMY RESERVE PER- RTE 3 & NEIDRINGHAUS .. GRANITE IL ..... 62040 ARMY ...... 3010 SONNEL COMMAND CITY. WAREHOUSE. WATERTOWN DAIRY ...... 6 MOORE RD ...... WAYLAND .... MA .. 01778 AGRICULTURE ...... 3016 103c
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FEDERAL AGENCY HAZARDOUS WASTE COMPLIANCE DOCKET NFRAP STATUS FACILITIES UPDATE—Continued
Reporting Facility name Address City State Zip Code Agency mecha- nism
WESTOVER AIR FORCE 439 CSG/DE ...... CHICOPEE ... MA .. 01022 AIR FORCE ...... 3005 3010 BASE. 3016 103c NPS-PROVINCETOWN W OFF OF RACE POINT PROVINCETO- MA .. 02657 INTERIOR ...... 103c SANITARY LANDFILL. RD. WN. NPS-SEPTAGE TREAT- EAST OFF ROUTE 6 ...... WELLFLEET MA .. 02667 INTERIOR ...... 3016 103c MENT FACILITY/OLD CAMP WELLFLEET. SOUTH PORTLAND COAST 259 HIGH ST ...... SOUTH ME .. 04106 TRANSPORTATION ...... 3010 103c GUARD BASE. PORTLAND. KEWEENAW FIELD STA- KEWEENAW FIELD ...... KEWEENAW MI ...... ARMY ...... 103c TION. BAY. PONTIAC STORAGE FACIL- 871 SOUTH BOULEVARD .. PONTIAC ...... MI .... 48503 ARMY ...... 103c ITY. ESCANABA DEFENSE US HIGHWAY 41 DELTA GLADSTONE MI .... 49387 DEFENSE LOGISTICS 3010 3016 FUEL SUPPORT POINT. COUNTY. AGENCY. 103c ATKINS FARM ...... 1.5 MI W ON HWY 16 CANTON ...... MO .. 63435 AGRICULTURE ...... 103c 3016 THEN S 3/4 MI. MARK TWAIN NATIONAL 401 FAIRGROUNDS ROAD ROLLA ...... MO .. 65401 AGRICULTURE ...... 103c 3010 FOREST. STANLEY R MICKELSEN 1 MILE SOUTHWEST OF FAIRDALE .... ND .. 58205 AIR FORCE ...... 103c SAFEGUARD COMPLES- FAIRDALE. (RSLÐ4) REMOTE SPRINT LA. STANLEY R MICKELSEN 3 MILES EAST OF HAMP- HAMPDEN .... ND .. 58338 AIR FORCE ...... 103c SAFEGUARD COMPLEX- DEN. (RSLÐ1) REMOTE SPRINT LA. STANLEY R MICKELSEN 6 MILES NORTH OF LANGDON .... ND .. 58249 AIR FORCE ...... 103c SAFEGUARD COMPLEX- LANGDON. (RSLÐ2) REMOTE SPRINT LA. STANLEY R MICKELSEN 19 MILES EAST OF LANGDON .... ND .. 58249 AIR FORCE ...... 103c SAFEGUARD COMPLEX- LANGDON. (RSLÐ3) REMOTE SPRINT LA. STANLEY R. MICKELSON ...... NEKOMA ...... ND ...... AIR FORCE ...... 103c SAFEGUARD COMPLEX. NEWINGTON DEFENSE PATTERSON LANE ...... NEWINGTON NH .. 03801 DEFENSE LOGISTICS 3010 3016 FUEL SUPPORT POINT. AGENCY. 103c BOMARC/MCGUIRE MSL .... RT 539 ...... NEW EGYPT NJ ... 08533 AIR FORCE ...... 103c GNOME-COACH ...... T23S,R30E, SECC 34; 31 CARLSBAD .. NM ...... ENERGY ...... 103c MI SE OF CARLSBAD. GUS KEFURT ARMY RE- 399 MILLER STREET ...... YOUNGSTOW- OH .. 44507 ARMY ...... 3010 SERVE CENTER. N. KREJCI DUMP SITE ...... 814 HINES HILL RD ...... BOSTON OH .. 44236 INTERIOR ...... 3010 HEIGHTS. NORTH SMITHFIELD NIKE POUNDHILL ROAD ...... NORTH RI .... 02857 ARMY ...... 103c LAUNCHER AREA. SMITH- FIELD. POINSETT WEAPONS 4 MILES S OF WEDGEFIEL- SC ... 29152 AIR FORCE ...... 3016 RANGE. WEDGEFIELD, SC. D. CHARLESTON COAST 196 TRADD ST ...... CHARLESTO- SC ... 29401 TRANSPORTATION ...... 3010 GUARD GROUP. N. NPS-GREAT SMOKEY USNPS RT 2 ...... GATLINBURG TN ... 37738 INTERIOR ...... 3005 3010 MOUNTAINS NATIONAL 103c PARK. APPALACHIAN SMELTING SOUTH HOLSTON LAKE ... BRISTOL ...... TN ... 37620 TENNESSEE VALLEY AU- 103c AND REFINERY. THORITY. JOHNSONVILLE FOSSIL US HWY 70 E ...... NEW TN ... 37134 TENNESSEE VALLEY AU- 103c 3010 PLANT. JOHNSON- THORITY. 103a VILLE. 3005 TENNESSEE VALLEY AU- HIGHWAY 69A ...... BIG SANDY .. TN ... 38221 TENNESSEE VALLEY AU- 3010 THORITY. THORITY. TVA WILSON 500 KV SUB- 2280 BECKWITH ROAD ..... MOUNT JU- TN ... 37122 TENNESSEE VALLEY AU- 3010 STATION. LIET. THORITY. VERMONT AIR NATIONAL 10 FALCON STREET, SOUTH BUR- VT ... 05403Ð5873 AIR FORCE ...... 3010 103c GUARD. SUITE A. LINGTON. 3016 ETHAN ALLEN FIRING LEE RIVER ROAD ...... JERICHO ...... VT ... 05465 ARMY ...... 3010 103c RANGE.
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FEDERAL AGENCY HAZARDOUS WASTE COMPLIANCE DOCKET NFRAP STATUS FACILITIES UPDATE—Continued
Reporting Facility name Address City State Zip Code Agency mecha- nism
FS-OKANOGAN- 19284 HWY 20, 300 FT W WINTHROP .. WA .. 98862 AGRICULTURE ...... 103c WENATCHEE NF: LOWER OF DOWNTOWN CY, WINTHROP COMPOUND. +48.481111° N, ¥120.186668° W. FS-OKANOGAN- 23 INTERCITY AIRPORT WINTHROP .. WA .. 98862 AGRICULTURE ...... 103c WENATCHEE NF: NORTH RD, 3 MI SE OF CY, CASCADES +48.4206667° N, SMOKEJUMPER BASE. ¥120.1470000° W. FS-NORTH CENTRAL FOR- 5985 COUNTY HIGHWAY K RHINELANDE- WI ... 54501 AGRICULTURE ...... 103a 3010 EST EXPERIMENTS STA- R. TION. VOLK FIELD ...... HWY 94 JUNEAU COUNTY CAMP WI ... 54618 AIR FORCE ...... 3016 3010 DOUGLAS. 103c BLM-RAWLINS LANDFILL ... P.O. BOX 953 ...... RAWLINS ..... WY .. 82301 INTERIOR ...... 103c
[FR Doc. 02–16460 Filed 6–28–02; 8:45 am] FOR FURTHER INFORMATION CONTACT: For fl 5169, chemicals and allied BILLING CODE 6560–50–P general information contact: The products wholesale distributors Emergency Planning and Community fl 5171, petroleum bulk plants and Right-to-Know Hotline at (800) 424– terminals ENVIRONMENTAL PROTECTION 9346 or (703) 412–9810, TDD (800) 553– fl 7389, solvent recovery services, AGENCY 7672, http://www.epa.gov/epaoswer/ and hotline/. fl federal facilities in any SIC code [OEI–10015; FRL–6723–8] For technical information about this To determine whether you or your ICR renewal contact: Judith Kendall, Toxic Chemical Release Reporting; business is affected by this action, you Toxics Release Inventory Program should carefully examine the Request for Comment on Renewal Division, OEI, Environmental Protection Information Collection applicability provisions at 40 CFR part Agency (2844T), 1200 Pennsylvania 372 and section 3(a) of the Supporting AGENCY: Environmental Protection Ave. NW., Washington, DC 20460, Statement of the information collection. Agency (EPA). Telephone: 202–566–0750; Fax: 202– If you have any questions regarding the ACTION: Notice. 566–0727; e-mail: applicability of this action to a [email protected]. particular entity, consult the person(s) SUMMARY: In compliance with the SUPPLEMENTARY INFORMATION: listed in the FOR FURTHER INFORMATION Paperwork Reduction Act (PRA) (44 CONTACT section. U.S.C. 3501 et seq.), this notice I. Does This Notice Apply to Me? II. How Can I Get Additional announces that EPA is planning to A. Affected Entities: Entities that will Information or Copies of This submit the following continuing be affected by this action are those Document or Other Support Information Collection Request (ICR) to facilities that manufacture, process, or Documents? the Office of Management and Budget otherwise use certain toxic chemicals (OMB) pursuant to procedures listed on the Toxics Release Inventory A. Electronic Availability described in 5 CFR 1320.12: Toxic (TRI) and which are required under Internet Chemical Release Reporting (EPA ICR section 313 of the Emergency Planning No. 1363.12, OMB No. 2070–0093). This and Community Right-to-Know Act of Electronic copies of the ICR are ICR involves a collection activity that is 1986 (EPCRA) to report annually to EPA available from the EPA home page at the currently approved and scheduled to their environmental releases and other Federal Register—Environmental expire on January 31, 2003. Before waste management activities involving Documents entry for this document submitting this ICR to the Office of such chemicals. under ‘‘Laws and Regulations’’ (http:// Management and Budget (OMB) for Currently, those industries with the www.epa.gov/fedrgstr/). An electronic review and approval under the PRA, following SIC code designations (that copy of the collection instrument EPA is soliciting comments on specific meet all other threshold criteria for TRI referenced in this ICR and instructions aspects of the collection as described reporting) must report toxic chemical for its completion are available at below. releases and other waste management http://www.epa.gov/triinter/#forms. DATES: Comments, identified by the activities: In Person fl docket control number OEI–10015, must 20–39, manufacturing fl 10, metal mining (except for SIC The Agency has established an official be submitted on or before August 30, codes 1011, 1081, and 1094) record for this action under docket 2002. fl 12, coal mining (except for SIC control number OEI–10015. The official ADDRESSES: Comments may be code 1241 and extraction activities) record consists of the documents submitted by mail, electronically, or in fl 4911, 4931 and 4939, electrical specifically referenced in this action, person. Please follow the detailed utilities that combust coal and/or oil for any public comments received during instructions for each method as the purpose of generating power for an applicable comment period, and provided in Unit III. of the distribution in commerce. other information related to this action, SUPPLEMENTARY INFORMATION section of fl 4953, RCRA Subtitle C hazardous including any information claimed as this notice. waste treatment and disposal facilities confidential business information (CBI).
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This official record includes the B. How Should I Handle CBI OMB approval, which is currently documents that are physically located in Information That I Want to Submit to scheduled to expire on January 31, the docket, as well as the documents the Agency? 2003. Title: Toxic Chemical Release that are referenced in those documents. All comments which contain The public version of the official record Reporting. information claimed as CBI must be ICR numbers: EPA ICR No. 1363.12, does not include any information clearly marked as such. Three sanitized claimed as CBI. The public version of OMB No. 2070–0093. copies of any comments containing Abstract: EPCRA section 313 requires the official record, which includes information claimed as CBI must also be printed, paper versions of any electronic owners and operators of certain submitted and will be placed in the facilities that manufacture, process, or comments submitted during an public record for this document. applicable comment period, is available otherwise use any of over 650 listed Persons submitting information, any toxic chemicals and chemical categories for inspection in the TSCA portion of which they believe is entitled Nonconfidential Information Center, in excess of applicable threshold to treatment as CBI by EPA, must assert quantities to report annually to the North East Mall Rm. B–607, Waterside a business confidentiality claim in Mall, 401 M St., SW., Washington, DC. Environmental Protection Agency and accordance with 40 CFR 2.203(b) for to the states in which such facilities are The Center is open from noon to 4 p.m., each such portion. This claim must be Monday through Friday, excluding legal located on their environmental releases made at the time that the information is and transfers of and other waste holidays. The telephone number of the submitted to EPA. If a submitter does Center is (202) 260–7099. management activities for such not assert a confidentiality claim at the chemicals. In addition, section 6607 of III. How Can I Respond to This Notice? time of submission, EPA will consider the Pollution Prevention Act (PPA) this as a waiver of any confidentiality requires that facilities provide A. How and to Whom Do I Submit claim and the information may be made Comments? information on the quantities of the available to the public by EPA without toxic chemicals in waste streams and You may submit comments through further notice to the submitter. the efforts made to reduce or eliminate the mail, in person, or electronically. Be C. What Information Is EPA Particularly those quantities. sure to identify the appropriate docket Interested in? Annual reporting under EPCRA control number (i.e., ‘‘OEI–10015’’) in section 313 of toxic chemical releases your correspondence. Pursuant to section 3506(c)(2)(a) of and other waste management the PRA, EPA specifically solicits information provides citizens with a 1. By mail comments and information to enable it more complete picture of the total to: disposition of chemicals in their All comments should be sent in (i) evaluate whether the proposed communities and helps focus industries’ triplicate to : Document Control Office collection of information is necessary attention on pollution prevention and (7407), Office of Pollution Prevention for the proper performance of the source reduction opportunities. EPA and Toxics (OPPT), Environmental functions of the Agency, including believes that the public has a right to Protection Agency, 1200 Pennsylvania whether the information will have know about the disposition of chemicals Ave., NW., Ariel Rios Building, practical utility; within communities and the Washington, DC 20460. (ii) evaluate the accuracy of the management of such chemicals by 2. In person or by courier Agency’s estimate of the burden of the facilities in industries subject to EPCRA proposed collection of information, section 313 reporting. This reporting has Comments may be delivered in person including the validity of the been successful in providing or by courier to: OPPT Document methodology and assumptions used; communities with important Control Office (DCO) in East Tower Rm. (iii) enhance the quality, utility, and information regarding the disposition of G–099, Waterside Mall, 401 M St., SW., clarity of the information to be toxic chemicals and other waste Washington, DC. The DCO is open from collected; and management information of toxic 8 a.m. to 4 p.m., Monday through (iv) minimize the burden of the chemicals from manufacturing facilities Friday, excluding legal holidays. The collection of information on those who in their areas. telephone number for the DCO is (202) are to respond, including through the EPA collects, processes, and makes 260–7093. use of appropriate automated electronic, available to the public all of the 3. Electronically mechanical, or other technological information collected. The information collection techniques or other forms of gathered under these authorities is Submit your comments electronically information technology, e.g., permitting stored in a database maintained at EPA by e-mail to: ‘‘[email protected].’’ electronic submission of responses. and is available through the Internet. Please note that you should not submit In addition, EPA is requesting This information, commonly known as any information electronically that you comment on a minor change to the Toxics Release Inventory (TRI), is consider to be CBI. Electronic comments Reporting Form R in this ICR. Facilities used extensively by both EPA and the must be submitted as an ASCII file will be required to supply an e-mail public sector. Program offices within avoiding the use of special characters address on the Form R that will help to EPA use TRI data, along with other and any form of encryption. Comments facilitate better lines of communication sources of data, to establish priorities, and data will also be accepted on between EPA and facilities reporting to evaluate potential exposure scenarios, standard computer disks in WordPerfect TRI. and undertake enforcement activities. 6.1/8.0 or ASCII file format. All Environmental and public interest IV. To What Information Collection comments and data in electronic form groups use the data in studies and Activity or ICR Does This Notice must be identified by the docket control reports, making the public more aware Apply? number OEI–10015. Electronic of releases of chemicals in their comments on this document may also EPA is seeking comments on the communities. be filed online at many Federal following ICR, as well as the Agency’s Comprehensive publicly-available Depository Libraries. intention to renew the corresponding data about releases, transfers, and other
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waste management activities of toxic owners or operators of certain facilities reporting facilities. The adjustment to chemicals at the community level are that manufacture, process, or otherwise unit burden hours does not affect the generally not available, other than under use certain specified toxic chemicals number of responses, but reduces total the reporting requirements of EPCRA and chemical categories and are burden by approximately 2.9 million section 313. Permit data are often required to report annually on the burden hours (using the number of difficult to obtain, are not cross-media environmental releases and transfers of responses for this ICR). and present only a limited perspective waste management activities for such The third adjustment relates to first- on a facility’s overall performance. With chemicals. year reporting burden. In previous ICRs, TRI, and the real gains in understanding Estimated total number of potential the renewal period has coincided with it has produced, communities and responses: 88,117. programmatic changes in one or more Frequency of response: Annual. governments know what toxic years. Previous ICRs have been based on chemicals industrial facilities in their Estimated total annual burden hours: 2,356,900. annualized estimates of burden area release, transfer, or otherwise (including time for rule familiarization manage as waste. In addition, industries Estimated total annual burden costs: $101.9 million. and higher first year reporting burdens). have an additional tool for evaluating Since there are no final rules pending at efficiency and progress on their VI. Are There Changes in the Estimates this time, this ICR renewal does not pollution prevention goals. from the Last Approval? require annualized burden estimates Responses to the collection of that account for first-year reporting information are mandatory (see 40 CFR As a result of OMB’s March 7, 2002 burden. This accounts for a reduction of part 372). Respondents may claim all or approval of an information correction about 1.1 million burden hours. part of a notice confidential. EPA will worksheet, OMB’s inventory reflects disclose information that is covered by 145,972 responses and 9,612,104 hours The fourth adjustment relates to the a claim of confidentiality only to the for this information collection. This ICR adoption of TRI–ME, an automated extent permitted by, and in accordance is for 88,117 responses and 2,356,900 reporting software package. EPA has with, the procedures in TSCA section 14 hours. The reduction in burden of 7.26 reduced the burden estimates related to and 40 CFR part 2. million hours is the result of five Form R completion and record keeping/ An agency may not conduct or adjustments. mailing by an additional 25 percent for sponsor, and a person is not required to The first adjustment is to the number the reports filed using TRI–ME based on respond to, a collection of information of responses. The estimate of 145,972 respondent experience. On an unless it displays a currently valid OMB responses in the existing OMB approval annualized basis, an estimated 60 control number. The OMB control incorporated predicted reporting percent of reports are expected to be numbers for EPA’s regulations are listed increases from economic analyses for filed using TRI–ME over the three years in 40 CFR part 9 and 48 CFR Chapter several final rules. In all cases, these of the ICR. This results in a reduction 15. predictions overestimated actual of approximately 260,000 hours. reporting levels, resulting in a The fifth adjustment relates to the V. What Are EPA’s Burden and Cost cumulative overestimate of the number number of petitions. In previous ICRs, Estimates for This ICR? of responses. For example, the 1997 EPA has estimated 11 petitions per year. program change for industry expansion Under the PRA, ‘‘burden’’ means the Since the actual number has been 1 to estimated 39,033 responses would be total time, effort, or financial resources 2 per year, this ICR has reduced the submitted, but only 12,567 responses expended by persons to generate, expected number of petitions to 5. This were actually submitted. Likewise, the maintain, retain, or disclose or provide adjustment has a very minor impact on 1999 program change for PBT chemical information to or for a federal agency. total burden. For this collection, it includes the time thresholds estimated 19,990 responses needed to review instructions; develop, would be submitted, but only about These adjustments are described in acquire, install, and utilize technology 7,000 responses were actually further detail in the supporting and systems for the purposes of submitted. The number of responses in statement for this ICR, available in the collecting, validating, and verifying this ICR have been adjusted to public version of the official record. The information, processing and accurately reflect actual reporting levels, sum of these adjustments is a decrease maintaining information, and disclosing with the exception of predicted of 57,855 responses and 7,255,204 and providing information; adjust the additional responses from the rule burden hours from the current approved existing ways to comply with any lowering reporting thresholds for lead total. previously applicable instructions and and lead compounds. The prediction of VII. What Is the Next Step in the requirements; train personnel to be able 9,813 additional reports for lead and Process for This ICR? to respond to a collection of lead compounds may prove to be an information; search data sources; overestimate, as with EPA predictions EPA will consider the comments complete and review the collection of for past rules. This adjustment results in received and amend the ICR as information; and transmit or otherwise a decrease of 57,855 responses and appropriate. The final ICR package will disclose the information. approximately 3 million burden hours then be submitted to OMB for review The ICR supporting statement (at 52.1 hours per response). and approval pursuant to 5 CFR provides a detailed explanation of this The second adjustment is to the unit 1320.12. EPA will issue another Federal estimate, which is only briefly burden hours. EPA has revised the Register notice pursuant to 5 CFR summarized in this notice. The annual estimate of unit burden hours for Form 1320.5(a)(1)(iv) to announce the public burden for this collection of R completion from 47.1 hours to 14.5 submission of the ICR to OMB and the information is estimated to average 19.5 hours based on feedback from TRI opportunity to submit additional hours per response. The following is a reporting facilities. This reduction in comments to OMB. If you have any summary of the estimates taken from the the burden estimate accounts for questions about this ICR or the approval ICR: increased familiarity with the program, process, please contact the person(s) Respondents/affected entities: Entities improved guidance, and listed in the FOR FURTHER INFORMATION potentially affected by this action are computerization/automation at CONTACT section.
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List of Subjects in 40 CFR Part 372 FOR FURTHER INFORMATION CONTACT: For Thrift Supervision), and concurred in by Environmental protection, additional information or copies of the Director John D. Hawke, Jr. (Comptroller Information collection requests, information collection(s), contact Judith of the Currency), and Chairman Donald Reporting and record keeping Boley Herman at 202–418–0214 or via E. Powell, that Corporation business requirements. the Internet at [email protected]. required its consideration of the matters SUPPLEMENTARY INFORMATION: on less than seven days’ notice to the Dated: June 24, 2002. OMB Control No.: 3060–0556. public; that no earlier notice of the Ramona Trovato, Title: Section 80.1061, Special meeting was practicable; that the public Acting Assistant Administrator and Chief Requirements for 406.025 MHz EPIRB’s. interest did not require consideration of Information Officer, Office of Environmental Form No.: N/A. the matters in a meeting open to public Information. Type of Review: Extension of a observation; and that the matters could [FR Doc. 02–16466 Filed 6–28–02; 8:45 am] currently approved collection. be considered in a closed meeting by BILLING CODE 6560–50–P Respondents: Individuals or authority of subsections (c)(6), (c)(8), households, business or other-for-profit. (c)(9)(A)(ii), and (c)(9)(B) of the Number of Respondents: 9,500. ‘‘Government in the Sunshine Act’’ (5 FEDERAL COMMUNICATIONS Estimated Time Per Response: .084 U.S.C. 55sb(c)(6), (c)(8), (c)(9)(A)(ii), and COMMISSION hours (5 minutes). (c)(9)(B)). Frequency of Response: On occasion The meeting was held in the Board Notice of Public Information reporting requirement and third party Room of the FDIC Building located at Collection(s) Being Reviewed by the disclosure requirement. 550 17th Street, NW., Washington, DC. Federal Communications Commission Total Annual Burden: 798 hours. Dated: June 27, 2002. Total Annual Cost: N/A. Federal Deposit Insurance Corporation. June 21, 2002. Needs and Uses: Section 80.1061 Robert E. Feldman, SUMMARY: The Federal Communications requires owners of 406.025 MHz Commission, as part of its continuing Emergency Position Indicating Radio Executive Secretary. effort to reduce paperwork burden Beacons (EPIRBs) to register information [FR Doc. 02–16672 Filed 6–27–02; 3:52 pm] invites the general public and other such as name, address, and type of BILLING CODE 6714–01–M Federal agencies to take this vessel with the National Oceanic and opportunity to comment on the Atmospheric Administration (NOAA). following information collection(s), as Additionally, the radio beacon must be FEDERAL EMERGENCY required by the Paperwork Reduction certified by a test facility recognized by MANAGEMENT AGENCY Act of 1995, Public Law 104–13. An the U.S. Coast Guard to certify that the agency may not conduct or sponsor a equipment complies with the U.S. Coast Cerro Grande Fire Assistance collection of information unless it Guard environmental and operational AGENCY: Office of Cerro Grande Fire displays a currently valid control requirements associated with the test Claims (OCGFC), Federal Emergency number. No person shall be subject to procedures described in Appendix A of Management Agency (FEMA). any penalty for failing to comply with the RTCM Recommended Standards. If a collection of information subject to the ACTION: Notice of deadline for reopening the collection of information were not a claim. Paperwork Reduction Act (PRA) that conducted, NOAA would not have does not display a valid control number. access to this information, which would SUMMARY: This notice establishes the Comments are requested concerning (a) increase the time needed to complete a deadline by which claimants must whether the proposed collection of search and rescue operation. submit requests to reopen closed claims information is necessary for the proper Federal Communications Commission. under the Cerro Grande Fire Assistance performance of the functions of the Act. Commission, including whether the Marlene H. Dortch, Secretary. Dates for Reopening Claims: The information shall have practical utility; deadline to request that FEMA reopen a [FR Doc. 02–16445 Filed 6–28–02; 8:45 am] (b) the accuracy of the Commission’s claim is August 28, 2002, except for burden estimate; (c) ways to enhance BILLING CODE 6712–01–P requests to reopen a claim for mitigation the quality, utility, and clarity of the assistance. The deadline to request that information collected; and (d) ways to a claim be reopened for mitigation minimize the burden of the collection of FEDERAL DEPOSIT INSURANCE assistance is August 28, 2003. information on the respondents, CORPORATION All requests to reopen a claim for any including the use of automated reason other than to request mitigation collection techniques or other forms of Sunshine Act Meeting; Notice of Agency Meeting assistance must meet the requirements information technology. of 44 CFR 295.34 and be received by DATES: Written comments should be Pursuant to the provisions of the OCGFC on or before August 28, 2002. A submitted on or before July 31, 2002. If ‘‘Government in the Sunshine Act’’ (5 claim that has been approved for you anticipate that you will be U.S.C. 552b), notice is hereby given that reopening after August 28, 2002 to submitting comments, but find it at 4:33 p.m. on Wednesday, June 26, receive mitigation assistance will not be difficult to do so within the period of 2002, the Board of Directors of the reopened again. time allowed by this notice, you should Federal Deposit Insurance Corporation Requests to reopen claims that have advise the contact listed below as soon met in closed session to consider been administratively closed under 44 as possible. matters relating to the Corporation’s CFR 295.30(b) for failure to submit a ADDRESSES: Direct all comments to resolution activities. proof of loss or under 44 CFR 295.32(b) Judith Boley Herman, Federal In calling the meeting, the Board for failure to timely submit a release and Communications Commission, Room 1– determined, on motion of Director John certification form must include a proof C804, 445 12th Street, SW., DC 20554 or M. Reich (Appointive), seconded by of loss or release and certification form, via the Internet to [email protected]. James E. Gilleran (Director, Office of whichever is applicable, signed by all
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adult claimants who signed the notice of Requests to reopen claims that have SUPPLEMENTARY INFORMATION: The role loss form, and OCGFC must receive the been administratively closed under 44 and functions of the FRPCC are requests within the deadlines specified CFR 295.30(b) for failure to submit a described in 44 CFR 351.10(a) and above. We expect a claimant to act in a proof of loss or under 44 CFR 295.32(b) 351.11(a). The Agenda for the upcoming timely fashion to provide all for failure to timely submit a release and FRPCC meeting is expected to include: documentation required for OCGFC to certification form must include a proof (1) Introductions, (2) reports from evaluate a request for additional of loss or release and certification form, FRPCC subcommittees, (3) old and new compensation or mitigation assistance. whichever is applicable, signed by all business, and (4) business from the A claimant will have 30 days from the adult claimants who signed the notice of floor. date the claim is reopened to submit all loss form. OCGFC must receive the The meeting is open to the public, additional documentation required for requests within the deadlines specified subject to the availability of space. OCGFC to evaluate the claim for above. Reasonable provision will be made, if additional compensation or mitigation We expect a claimant to act in a time permits, for oral statements from assistance. timely fashion to provide all the public of not more than five minutes in length. Any member of the public FOR FURTHER INFORMATION CONTACT: documentation required for OCGFC to evaluate a request for additional who wishes to make an oral statement Robert Diaz, Staff Attorney, Office of at the July 30, 2002, FRPCC meeting Cerro Grande Fire Claims, P.O. Box compensation or mitigation assistance. A claimant will have 30 days from the should request time, in writing, from W. 1480, Los Alamos, NM 87544, (505) Craig Conklin, FRPCC Chair, FEMA, 500 424–5900. date the claim is reopened to submit all additional documentation required for C Street, SW, Washington, DC 20472. SUPPLEMENTARY INFORMATION: FEMA OCGFC to evaluate the claim for The request should be received at least published final regulations in the five business days before the meeting. Federal Register implementing the additional compensation or mitigation assistance. Any member of the public who wishes Cerro Grande Fire Assistance Act (Pub. to file a written statement with the Claimants who seek to reopen a claim L. 106–246) on March 21, 2001 as 44 FRPCC should mail the statement to: for good cause must provide sufficiently CFR part 295. The rule sets out in 44 Federal Radiological Preparedness detailed written information to permit CFR 295.34(b) criteria for reopening a Coordinating Committee, c/o Pat OCGFC to evaluate whether good cause closed claim, authorizes the Director, Tenorio, FEMA, 500 C Street, SW, exists to reopen the claim. OCGFC has Office of Cerro Grande Fire Claims to Washington, DC 20472. establish a deadline by which a published and made available to the Dated: June 21, 2002. claimant must submit a request to public policy guidelines explaining the reopen, and provides that once FEMA criteria used to evaluate requests for W. Craig Conklin, establishes the deadline is established, reopen for good cause. Director, Technological Services Division, Such requests are determined on a Office of National Preparedness, Federal FEMA must publish a notice in the Emergency Management Agency, Chair, Federal Register. This constitutes the case-by-case basis through application of the policy criteria. Federal Radiological Preparedness Federal Register publication of that Coordinating Committee. notice. Dated: June 21, 2002. [FR Doc. 02–16425 Filed 6–28–02; 8:45 am] Under 44 CFR 295.34, ‘‘Reopening a Mark D. Wallace, BILLING CODE 6718–06–P Claim,’’ and implementing OCGFC Deputy General Counsel. policy, the Director may reopen a claim [FR Doc. 02–16423 Filed 6–28–02; 8:45 am] upon written request from the claimant BILLING CODE 6718–01–P FEDERAL RESERVE SYSTEM if: 1. Claimant is eligible for mitigation Formations of, Acquisitions by, and under section 295.21(d)(3) or (h); or FEDERAL EMERGENCY Mergers of Bank Holding Companies 2. Claimant has closed on the sale of MANAGEMENT AGENCY real property not later than August 28, The companies listed in this notice 2002 and desires to file a diminution Federal Radiological Preparedness have applied to the Board for approval, claim under 44 CFR 295.21(e); or Coordinating Committee Meeting pursuant to the Bank Holding Company 3. Claimant’s actual replacement costs Act of 1956 (12 U.S.C. 1841 et seq.) for the destroyed home exceed those AGENCY: Federal Emergency (BHC Act), Regulation Y (12 CFR Part awarded under Option I ‘‘Other Costs’’ Management Agency (FEMA) 225), and all other applicable statutes or Option II of the Home Replacement ACTION: Notice. and regulations to become a bank Policy; or holding company and/or to acquire the 4.The Director determines that SUMMARY: The Federal Radiological assets or the ownership of, control of, or claimant has demonstrated good cause; Preparedness Coordinating Committee the power to vote shares of a bank or or (FRPCC) advises the public that the bank holding company and all of the 5. Claimant has begun rebuilding a FRPCC will meet on July 30, 2002 in banks and nonbanking companies replacement home and has incurred Washington, DC. owned by the bank holding company, additional, unforeseen alternative living DATES: The meeting will be held on July including the companies listed below. expenses (ALE) (also known as loss of 30, 2002, at 9 a.m. The applications listed below, as well use compensation) beyond those for as other related filings required by the which advance ALE was paid; or ADDRESSES: The meeting will be held at Board, are available for immediate 6. Claimant has discovered additional FEMA’s Lobby Conference Center, 500 C inspection at the Federal Reserve Bank items of personal property that were not Street, SW., Washington, DC 20472. indicated. The application also will be included in the original Proof of Loss. FOR FURTHER INFORMATION CONTACT: Pat available for inspection at the offices of 7. Claimant has incurred or will incur Tenorio, FEMA, 500 C Street, SW., the Board of Governors. Interested costs associated with additional and/or Washington, DC 20472, telephone (202) persons may express their views in specific site work under the Home 646–2870; fax (202) 646–4321; or e-mail writing on the standards enumerated in Replacement Policy. [email protected]. the BHC Act (12 U.S.C. 1842(c)). If the
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proposal also involves the acquisition of establish a National Resource Center on description of the topic or nature of the a nonbanking company, the review also Child Welfare Training and Evaluation statement. includes whether the acquisition of the to provide technical assistance to any FOR FURTHER INFORMATION CONTACT: nonbanking company complies with the State, tribe or agency needing help in Diane Gianelli, 202/296–4669, or visit standards in section 4 of the BHC Act the development of a comprehensive http://www.bioethics.gov. (12 U.S.C. 1843). Unless otherwise training evaluation system. noted, nonbanking activities will be As a Congressional set-aside, this one- Dated: June 19, 2002. conducted throughout the United States. year project is being funded Dean Clancy, Additional information on all bank noncompetitively. The University of Executive Director, the President’s Council holding companies may be obtained Louisville has qualified staff and multi- on Bioethics. from the National Information Center disciplinary resources to establish a [FR Doc. 02–16480 Filed 6–28–02; 8:45 am] website at www.ffiec.gov/nic/. national resource center. The cost of this BILLING CODE 4110–60–P Unless otherwise noted, comments one-year project is $250,000. regarding each of these applications FOR FURTHER INFORMATION CONTACT: K.A. must be received at the Reserve Bank Jagannathan, Administration for DEPARTMENT OF HEALTH AND indicated or the offices of the Board of Children and Families, Office of HUMAN SERVICES Governors not later than July 25, 2002. Planning, Research and Evaluation, 370 Food and Drug Administration A. Federal Reserve Bank of Boston L’Enfant Promenade, SW, Washington, (Richard Walker, Community Affairs DC 20447, Phone: 202–205–4829. Officer) 600 Atlantic Avenue, Boston, [Docket No. 01D–0519] Massachusetts 02106-2204: Dated: June 18, 2002. Howard Rolston, Medical Devices; Cardiac Ablation 1. Randolph Bancorp, Stoughton, Catheters Generic Arrhythmia Massachusetts; to become a bank Director, Office of Planning, Research and Evaluation. Indications for Use; Guidance for holding company by acquiring 100 Industry; Availability percent of the voting shares of Randolph [FR Doc. 02–16419 Filed 6–28–02; 8:45 am] Savings Bank, Randolph, Massachusetts. BILLING CODE 4184–01–M AGENCY: Food and Drug Administration, B. Federal Reserve Bank of Atlanta HHS. (Sue Costello, Vice President) 1000 ACTION: Notice. Peachtree Street, N.E., Atlanta, Georgia DEPARTMENT OF HEALTH AND 30309–4470: HUMAN SERVICES SUMMARY: The Food and Drug 1. Southwest Florida Community Administration (FDA) is announcing the Public Meeting of the President’s Bancorp, Inc., Fort Myers, Florida; to availability of the guidance entitled Council on Bioethics on July 11–12, acquire 50 percent of the voting shares ‘‘Cardiac Ablation Catheters Generic 2002 of Sanibel Captiva Community Bank, Arrhythmia Indications for Use; Sanibel, Florida (in organization). AGENCY: The President’s Council on Guidance for Industry.’’ This document C. Federal Reserve Bank of St. Louis Bioethics, HHS. encourages manufacturers of approved (Randall C. Sumner, Vice President) 411 ACTION: Notice. conventional cardiac ablation catheters Locust Street, St. Louis, Missouri to submit supplements to broaden their 63166–2034: SUMMARY: The President’s Council on labeling from arrhythmia-specific 1. FCB Financial Services, Inc., Bioethics will hold its fifth meeting, at indications to a generic arrhythmic Marion, Arkansas; to become a bank which it will discuss human cloning, treatment indication. The Center for holding company by acquiring 100 stem cell research, the patentability of Devices and Radiological Health (CDRH) percent of First Community Bank of human organisms, and other issues. is issuing this guidance document to Eastern Arkansas, Marion, Arkansas. DATES: The meeting will take place allow companies to label these products Board of Governors of the Federal Reserve Thursday, July 11, 2002, from 8:30 a.m. for a broader indication without System, June 25, 2002. to 4:45 p.m. ET, and Friday, July 12, submitting additional clinical Robert deV. Frierson, 2002, from 8:30 a.m. to 12:15 p.m. ET. information. This recommendation is Deputy Secretary of the Board. ADDRESSES: Ritz-Carlton Washington, based on a comprehensive search of the [FR Doc. 02–16415 Filed 6–28–02; 8:45 am] DC, 1150 22nd Street, NW, Washington, medical literature. BILLING CODE 6210–01–S DC 20037. DATES: Submit written or electronic PUBLIC COMMENTS: The meeting agenda comments on the guidance at any time. will be posted at http:// General comments on agency guidance DEPARTMENT OF HEALTH AND www.bioethics.gov. Written statements documents are welcome at any time. HUMAN SERVICES may be submitted by members of the ADDRESSES: Submit written requests for public for the Council’s records. Please single copies on a 3.5″ diskette of the Office of Planning, Research and submit statements to Ms. Diane Gianelli, guidance entitled ‘‘Cardiac Ablation Evaluation Director of Communications, (tel. 202/ Catheters Generic Arrhythmia 296–4669 or E-mail [email protected]). Indications for Use; Guidance for Grants to the University of Louisville Persons wishing to comment in person Industry’’ to the Division of Small AGENCY: Office of Planning, Research may do so during the hour set aside for Manufacturers, International, and and Evaluation, Administration of this purpose beginning at 3:00 p.m. ET, Consumer Assistance (HFZ–220), Center Children and Families, Department of on Thursday, July 11, 2002. Comments for Devices and Radiological Health, Health and Human Services. will be limited to no more than five Food and Drug Administration, 1350 ACTION: Award announcement. minutes per speaker or organization. Piccard Dr., Rockville, MD 20850. Send Please give advance notice of such two self-addressed adhesive labels to SUMMARY: Notice is hereby given that a statements to Ms. Gianelli at the phone assist that office in processing your noncompetitive grant award is being number given above, and be sure to request, or fax your request to 301–443– made to the University of Louisville to include name, affiliation, and a brief 8818.
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Submit written comments concerning 301–827–0111 from a touch-tone DEPARTMENT OF HEALTH AND this guidance to the Dockets telephone. Press 1 to enter the system. HUMAN SERVICES Management Branch (HFA–305), Food At the second voice prompt press 1 to and Drug Administration, 5630 Fishers order a document. Enter the document National Institutes of Health Lane, rm. 1061, Rockville, MD 20852. number (1382) followed by the pound Submission for OMB Review; Comments should be identified with the sign (#). Follow the remaining voice Comment Request; Responsibility of docket number found in brackets in the prompts to complete your request. heading of this document. Submit Applicants for Promoting Objectivity in electronic comments to http:// Persons interested in obtaining a copy Research for Which Public Health www.fda.gov/dockets/ecomments. See of the guidance may also do so using the Service Funding is Sought and the SUPPLEMENTARY INFORMATION section Internet. CDRH maintains an entry on Responsible Prospective for information on electronic access to the Internet for easy access to Contractors—42 CFR Part 50, Subpart the guidance. information including text, graphics, F FOR FURTHER INFORMATION CONTACT: and files that may be downloaded to a personal computer with Internet access. SUMMARY: Under the provisions of Lesley L. Ewing, Center for Devices and section 3507(a)(1)(D) of the Paperwork Radiological Health (HFZ–450), Food Updated on a regular basis, the CDRH home page includes device safety alerts, Reduction Act of 1995, the Office of the and Drug Administration, 9200 Director (OD), the National Institutes of Federal Register reprints, information Corporate Blvd., Rockville, MD 20850, Health (NIH) has submitted to the Office on premarket submissions (including 301–443–8320. of Management and Budget (OMB) a lists of approved applications and SUPPLEMENTARY INFORMATION: request for review and approval of the manufacturers’ addresses), small I. Background information collection listed below. manufacturers’ assistance, information This proposed information collection This final guidance entitled ‘‘Cardiac on video conferencing and electronic was previously published in the Federal Ablation Catheters Generic Arrhythmia submissions, Mammography Matters, Register on October 9, 2001, pages Indications for Use; Guidance for and other device-oriented information. 51440–51441 and allowed 60 days for Industry’’ recommends that The CDRH home page may be accessed public comment. No public comments manufacturers of approved conventional at http://www.fda.gov/cdrh. A search were received. The purpose of this cardiac radiofrequency ablation capability for all CDRH guidance notice is to allow an additional 30 days catheters submit a premarket approval documents is available at http:// for public comment. The National supplement to obtain a generic www.fda.gov/cdrh/guidance.html. Institutes of Health may not conduct or indication for creating endocardial Guidance documents are also available sponsor, and the respondent is not lesions to treat arrhythmias. The at http://www.fda.gov/ohrms/dockets. required to respond to, an information guidance document provides evidence collection that has been extended, from the medical literature to support IV. Paperwork Reduction Act of 1995 revised, or implemented on or after this broadening of indications from arrhythmia-specific indications to a This guidance contains information October 1, 1995, unless it displays a generic arrhythmia treating indication. collection provisions that are subject to currently valid OMB control number. The guidance was made available as review by the Office of Management and Proposed Collection a draft for comment on December 7, Budget (OMB) under the Paperwork 2001 (66 FR 63546). The comment Reduction Act of 1995 (44 U.S.C. 3501– Title: Responsibility of Applicants for period closed March 7, 2002. FDA 3520). The collection of information in Promoting Objectivity in Research for received two comments, both agreeing the section on Generic Arrhythmia Which Public Health Service Funding is Sought and Responsible Prospective with FDA’s recommendation. One of Indications in the guidance was Contractors—42 CFR part 50, subpart F, these comments also asked that FDA approved under OMB control number Type of Information Collection Request: expand the definition of conventional 0910–0231. cardiac catheter. FDA disagrees and is Revision of OMB No. 0925–0417, issuing the guidance with no changes. V. Comments expiration date 4/30/02. Need and Use of Information Collections: This is a II. Significance of Guidance Interested persons may submit to the request for OMB approval for the This guidance is being issued Dockets Management Branch (see information collection and consistent with FDA’s good guidance ADDRESSES) written or electronic recordkeeping requirements contained practices regulation (21 CFR 10.115). comments regarding this guidance at in the final rule 42 CFR part 50 subpart The guidance represents the agency’s any time. Two copies of any comments F and Responsible Prospective current thinking on generic indications are to be submitted, except that Contractors: 45 CFR part 94. The for cardiac ablation catheters. It does not individuals may submit one copy. purpose of the regulations is to promote create or confer any rights for or on any Comments are to be identified with the objectivity in research by requiring person and does not operate to bind docket number found in brackets in the institutions to establish standards which FDA or the public. An alternative heading of this document. The draft ensure that there is no reasonable approach may be used if such approach guidance document and received expection that the design, conduct, or satisfies the applicable statute and comments may be seen in the Dockets reporting of research will be biased by regulations. Management Branch between 9 a.m. and a conflicting financial interest of an 4 p.m., Monday through Friday. investigator. Frequency of Response: On III. Electronic Access occasion. Affected Public: Individuals or Dated: June 21, 2002. In order to receive the guidance households; Business or other for-profit; entitled ‘‘Cardiac Ablation Catheters Linda S. Kahan, Not-for-profit institutions; State, Local, Generic Arrhythmia Indications for Use; Deputy Director, Center for Devices and or Tribal Government. Type of Guidance for Industry’’ via your fax Radiological Health. Respondent: Any public or private machine, call the CDRH Facts-On- [FR Doc. 02–16449 Filed 6–28–02; 8:45 am] entity or organization. The annual Demand system at 800–899–0381 or BILLING CODE 4160–01–S reporting burden is as follows;
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Estimated Number of Respondents: Dated: June 20, 2002. Treatment Research; 93.396, Cancer Biology 42,800; Estimated Number of Responses Regina H. White, Research; 93.397, Cancer Centers Support; 93.398, Cancer Research Manpower; 93.399, per Respondent: 1.60; Average Burden Director, Office of Policy for Extramural Cancer control, National Institutes of Health, Research Administration, OER, NIH. Hours per Response: 3.40; and HHS) Estimated Total Annual Burden Hours [FR Doc. 02–16429 Filed 6–28–02; 8:45 am] Dated: June 20, 2002. Requested: 232, 080. The annualized BILLING CODE 4140–01–M costs to respondents is estimated at: LaVerne Y. Stringfield, $8,120,000. Operating costs and/or Director, Office of Federal Advisory Committee Policy. Maintenance Costs are $4,633. DEPARTMENT OF HEALTH AND HUMAN SERVICES [FR Doc. 02–16430 Filed 6–28–02; 8:45 am] Request for Comments BILLING CODE 4140–01–M National Institutes of Health Written comments and/or suggestions from the public and affected agencies National Cancer Institute; Notice of DEPARTMENT OF HEALTH AND are invited on one or more of the Closed Meeting HUMAN SERVICES following points: (1) Whether the Pursuant to section 10(d) of the National Institutes of Health proposed collection of information is Federal Advisory Committee Act, as necessary for the proper performance of amended (5 U.S.C. Appendix 2), notice National Cancer Institute; Notice of the function of the agency, including is hereby given of a meeting of the Closed Meeting whether the information will have Board of Scientific Counselors, National practical utility; (2) The accuracy of the Cancer Institute. Pursuant to section 10(d) of the agency’s estimate of the burden of the The meeting will be closed to the Federal Advisory Committee Act, as proposed collection of information, public as indicated below in accordance amended (5 U.S.C. Appendix 2), notice including the validity of the with the provisions set forth in section is hereby given on a meeting of the methodology and assumptions used; (3) 552b(c)(6), Title 5 U.S.C., as amended Board of Scientific Counselors, National Ways to enhance the quality, utility, and for the review, discussion, and Cancer Institute. The meeting will be clarity of the information to be evaluation of individual intramural closed to the public as indicated below collected; and (4) Ways to minimize the programs and projects conducted by the in accordance with the provisions set burden of the collection of information National Cancer Institute, including forth in section 552b(c)(6), Title 5 U.S.C., as amended for the review, on those who are to respond, including consideration of personnel discussion, and evaluation of individual the use of appropriate automated, qualifications and performance, and the intramural programs and projects electronic, mechanical, or other competence of individual investigators, the disclosure of which would conducted by the National Cancer technological collection techniques or Institute, including consideration of other forms of information technology. constitute a clearly unwarranted invasion of personal privacy. personnel qualification and Direct Comments to OMB performance, and the competence of Name of Committee: Board of Scientific individual investigators, the disclosure Written comments and/or suggestions Counselors, National Cancer Institute, of which would constitute a clearly Subcommittee 2—Basic Sciences. regarding the item(s) contained in this Date: July 22, 2002. unwarranted invasion of personal notice, especially regarding the Time: 8:30 a.m. to 7 p.m. privacy. estimated public burden and associated Agenda: To review and evaluate personal Name of Committee: Board of Scientific response time, should be directed to the: qualifications and performance, and Counselors, National Cancer Institute, Office of Management and Budget, competence of individual investigators. Subcommittee 1—Clinical Sciences and Office of Regulatory Affairs, New Place: National Cancer Institute, Building Epidemiology. Executive Office Building, Room 10235, 31, C Wing, 6th Floor, Conference Rooms 6, Date: July 22–23, 2002. 9000 Rockville Pike, Bethesda, MD 20892. Time: 6 p.m. to 4:30 p.m. Washington, DC 20503, Attention: Desk Contact Person: Florence E. Farber, Ph.D., Agenda: To review and evaluate personal Officer for NIH. To request more Executive Secretary, Institute Review Office, qualifications and performance, and information on the proposed project or Office of the Director, National Cancer competence of individual investigators. to obtain a copy of the data collection Institute, National Institutes of Health, 6116 Place: Holiday Inn—Chevy Chase, plans and instruments, contact: Charles Executive Boulevard, Room 2115, Rockville, Palladian East and Center Rooms, 5520 MacKay, Ph.D., Chief, Project Clearance MD 20852. (301) 496–7628. Wisconsin Avenue, Chevy Chase, MD 20815. Any interested person may file written Contact Person: Abby B Sandler, PhD, Branch, Office of Extramural Research comments with the committee by forwarding Scientific Review Administrator, Institute (OER), Office of Policy for Extramural the statement to the Contact Person listed on Review Office, Office of the Director, Research Administration (OPERA), 6705 this notice. The statement should include the National Cancer Institute, National Institutes Rockledge Drive, Room 3509, Bethesda, name, address, telephone number and when of Health, 6116 Executive Boulevard, Room MD 20892–7974 or call non-toll-free applicable, the business or professional 2114, Rockville, MD 20852, (301) 496–7628. number (301) 435–0978 or E-mail your affiliation of the interested person. Any interested person may file request including your address to: In the interest of security, NIH has written comments with the committee instituted stringent procedures for entrance [email protected]. by forwarding the statement to the into the building by non-government Contact Person listed on this notice. The Comments Due Date employees. Persons without a government I.D. will need to show a photo I.D. and sign- statement should include the name, address, telephone number and when Comments regarding this information in at the security desk upon entering the building. applicable, the business or professional collection are best assured of having affiliation of the interested person. their full effect if received within 30 (Catalogue of Federal Domestic Assistance Program Nos. 93.392, Cancer Construction; In the interest of security, NIH has days of the date of this publication. 93.393, Cancer Cause and Prevention instituted stringent procedures for Research; 93.394, Cancer Detection and entrance into the building by non- Diagnosis Research; 93.395, Cancer government employees. Persons without
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a government I.D. will need to show a Agenda: To review and evaluate grant Research Institute, National Institutes of photo I.D. and sign-in at the security applications. Health, Bethesda, MD 20892. 301 402–0838. desk upon entering the building. Place: Executive Plaza North, 6130 Executive Boulevard, Conference Room E, (Catalogue of Federal Domestic Assistance (Catalogue of Federal Domestic Assistance Rockville, MD 20852, (Telephone Conference Program Nos. 93.172, Human Genome Program Nos. 93.392, Cancer Construction; Call). Research, National Institutes of Health, HHS) 93.393, Cancer Cause and Prevention Contact Person: Joyce C. Pegues, PhD, Dated: June 24, 2002. Research; 93.394, Cancer Detection and Scientific Review Administrator, Special Diagnosis Research; 93.395, Cancer Review and Resources Branch, Division of Anna Snouffer, Treatment Research; 93.396, Cancer Biology Extramural Activities, National Cancer Acting Director, Office of Federal Advisory Research; 93.397, Cancer Centers Support; Institute, 6116 Executive Boulevard, Room Committee Policy. 93.398, Cancer Research Manpower; 93.399, 7149, Bethesda, MD 20892, 301/594–1286. [FR Doc. 02–16426 Filed 6–28–02; 8:45 am] Cancer Control, National Institutes of Health, (Catalogue of Federal Domestic Assistance BILLING CODE 4140–01–M HHS) Program Nos. 93.392, Cancer Construction; Dated: June 20, 2002. 93.393, Cancer Cause and Prevention LaVerne Y. Stringfield, Research; 93.394, Cancer Detection and DEPARTMENT OF HEALTH AND Diagnosis Research; 93.395, Cancer Director, Office of Federal Advisory Treatment Research; 93.396, Cancer Biology HUMAN SERVICES Committee Policy. Research; 93.397, Cancer Centers Support; [FR Doc. 02–16431 Filed 6–28–02; 8:45 am] 93.398, Cancer Research Manpower; 93.399, National Institutes of Health BILLING CODE 4140–01–M Cancer Control, National Institutes of Health, HHS) National Human Genome Research Institute; Notice of Closed Meeting DEPARTMENT OF HEALTH AND Dated: June 20, 2002. HUMAN SERVICES LaVerne Y. Stringfield, Pursuant to section 10(d) of the Director, Office of Federal Advisory Federal Advisory Committee Act, as National Institutes of Health Committee Policy. amended (5 U.S.C. Appendix 2), notice [FR Doc. 02–16432 Filed 6–28–02; 8:45 am] National Cancer Institute; Notice of is hereby given of the following Closed Meetings BILLING CODE 4140–01–M meeting. The meeting will be closed to the Pursuant to section 10(d) of the public in accordance with the Federal Advisory Committee Act, as DEPARTMENT OF HEALTH AND provisions set forth in sections amended (5 U.S.C. Appendix 2), notice HUMAN SERVICES 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., is hereby given of the following as amended. The grant applications meetings. National Institutes of Health The meetings will be closed to the and/or contract proposals and the National Human Genome Research public in accordance with the discussions could disclose confidential Institute; Notice of Closed Meeting provisions set forth in sections trade secrets or commercial property 552b(c)(40 and 552b(c)(6), Title 5 Pursuant to section 10(d) of the such as patentable material, and U.S.C., as amended. The grant Federal Advisory Committee Act, as personal information concerning applications and the discussions could amended (5 U.S.C. Appendix 2), notice individuals associated with the grant disclose confidential trade secrets or is hereby given of the following applications and/or contract proposals, commercial property such as patentable meeting. the disclosure of which would material, and personal information The meeting will be closed to the constitute a clearly unwarranted concerning individuals associated with public in accordance with the invasion of personal privacy. the grant application, the disclosure of provisions set forth in sections Name of Committee: National Human which would constitute a clearly 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Genome Research Institute Special Emphasis unwarranted invasion of personal as amended. The grant applications Panel, Database Review Panel. privacy. and/or contract proposals and the Date: July 22, 2002. Name of Committee: National Cancer discussions could disclose confidential Time: 12 p.m. to 4 p.m. Institute Special Emphasis Panel, Innovative trade secrets or commercial property Agenda: To review and evaluate grant Technologies for the Molecular Analysis of such as patentable material, and applications and/or proposals. Cancer. personal information concerning Place: 31 Center Drive, Conference Rm. Date: July 11–12, 2002. individuals associated with the grant B2B32, NHGRI, MD 20892. Time: 8 a.m. to 5 p.m. applications and/or contract proposals, Contact Person: Ken D. Nakamura, Ph.D., Agenda: To review and evaluate grant Scientific Review Administrator, Office of applications. the disclosure of which would Place: Gaithersburg Hilton, 620 Perry constitute a clearly unwarranted Scientific Review, National Human Genome Parkway, Gaithersburg, MD 20878. invasion of personal privacy. Research Institute, National Institutes of Contact Person: Sherwood Githens, PhD, Name of Committee: National Human Health, Bethesda, MD 20892. 301–402–0838. Scientific Review Administrator, National Genome Research Institute Special Emphasis (Catalogue of Federal Domestic Assistance Institutes of Health, National Cancer Panel, Human Haplotype Review Committee. Program Nos. 93.172, Human Genome Institute, Special Review, Referral and Date: August 6, 2002. Research, National Institutes of Health, HHS) Resources Branch, 6116 Executive Boulevard, Time: 8 a.m. to 6 p.m. Room 8068, Bethesda, MD 20892, (301) 435– Agenda: To review and evaluate grant Dated: June 24, 2002. 1822. applications and/or proposals. Anna Snouffer, Name of Committee: National Cancer Place: The Hyatt Regency Hotel, 100 Acting Director, Office of Federal Advisory Institute Special Emphasis Panel, Bethesda Metro Center, Bethesda, MD 20814. Committee Policy. Disseminating Evidence Based Intervention (Virtual Meeting). [FR Doc. 02–16427 Filed 6–28–02; 8:45 am] Resource Products. Contact Person: Rudy O. Pozzatti, PhD, Date: July 18, 2002. Scientific Review Administrator, Office of BILLING CODE 4140–01–M Time: 11:30 a.m. to 4 p.m. Scientific Review, National Human Genome
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DEPARTMENT OF HEALTH AND 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Agenda: To review and evaluate grant HUMAN SERVICES as amended. The contract proposals and applications. the discussions could disclose Place: Governor’s House, 1615 Rhode National Institutes of Health Island Avenue, NW., Washington, DC 20036. confidential trade secrets or commercial Contact Person: Martha Ann Carey, PhD, property such as patentable material, National Human Genome Research RN, Scientific Review Administrator, and personal information concerning Division of Extramural Activities, National Institute; Notice of Closed Meeting individuals associated with the contract Institute of Mental Health, NIH, Pursuant to section 10(d) of the proposals, the disclosure of which Neuroscience Center, 6001 Executive Blvd., Federal Advisory Committee Act, as would constitute a clearly unwarranted Room 6151, MSC 9608, Bethesda, MD 20892– invasion of personal privacy. 9608, 301–443–1606, [email protected]. amended (5 U.S.C. Appendix 2), notice This notice is being published less than 15 is hereby given of the following Name of Committee: National Institute of days prior to the meeting due to the timing meeting. Neurological Disorders and Stroke Special limitations imposed by the review and The meeting will be closed to the Emphasis Panel, Spinal Cord Injury. funding cycle. public in accordance with the Date: July 18, 2002. provisions set forth in sections Time: 8 a.m. to 4 p.m. (Catalogue of Federal Domestic Assistance 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Agenda: To review and evaluate contract Program Nos. 93.242, Mental Health Research proposals. Grants; 93.281, Scientist Development as amended. The grant applications Place: Marriott Marina-San Diego, 333 Award, Scientist Development Award for and/or contract proposals and the West Harbor Drive, San Diego, CA 92101– Clinicians, and Research Scientist Award; discussions could disclose confidential 7700. 93.282, Mental Health National Research trade secrets or commercial property Contact Person: Andrea Sawczuk, DDS, Service Awards for Research Training, such as patentable material, and PhD, Scientific Review Administrator, National Institutes of Health, HHS) Scientific Review Branch, NINDS/NIH/ personal information concerning Dated: June 24, 2002. individuals associated with the grant DHHS, Neuroscience Center, 6001 Executive Blvd., Suite 3208, MSC 9529, Bethesda, MD Anna Snouffer, applications and/or contract proposals, 20892–9529, 301–496–0660. Deputy Director, Office of Federal Advisory the disclosure of which would (Catalogue of Federal Domestic Assistance Committee Policy. constitute a clearly unwarranted Program Nos. 93.853, Clinical Research [FR Doc. 02– 16434 Filed 6–28–02; 8:45 am] invasion of personal privacy. Related to Neurological Disorders; 93.854, BILLING CODE 4140–01–M Name of Committee: National Human Biological Basis Research in the Genome Research Institute Special Emphasis Neurosciences, National Institutes of Health, Panel, Sample Collection Review Panel. HHS) DEPARTMENT OF HEALTH AND Date: July 19, 2002. Dated: June 20, 2002. HUMAN SERVICES Time: 12 p.m. to 1 p.m. LaVerne Y. Stringfield, Agenda: To review and evaluate grant National Institutes of Health applications and/or proposals. Director, Office of Federal Advisory Committee Policy. Place: 31 Center Drive, Conference Rm. National Institutes of Mental Health; [FR Doc. 02–16433 Filed 6–28–02; 8:45 am] B2B32, NHGRI, MD 20892, (Telephone Notice of Closed Meeting Conference Call). BILLING CODE 4140–01–M Contact Person: Rudy O. Pozzatti, PhD, Pursuant to section 10(d) of the Scientific Review Administrator, Office of Federal Advisory Committee Act, as Scientific Review, National Human Genome DEPARTMENT OF HEALTH AND amended (5 U.S.C. Appendix 2), notice Research Institute, National Institutes of HUMAN SERVICES Health, Bethesda, MD 20892, 301–402–0838. is hereby given of the following meeting. (Catalogue of Federal Domestic Assistance National Institutes of Health Program Nos. 93.172, Human Genome The meeting will be closed to the Research, National Institutes of Health, HHS) National Institute of Mental Health; public in accordance with the Notice of Closed Meeting provisions set forth in sections Dated: June 24, 2002. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Anna Snouffer, Pursuant to section 10(d) of the as amended. The grant applications and Acting Director, Office of Federal Advisory Federal Advisory Committee Act, as the discussions could disclose Committee Policy. amended (5 U.S.C. Appendix 2), notice confidential trade secrets or commercial [FR Doc. 02–16428 Filed 6–28–02; 8:45 am] is hereby given of the following property such as patentable material, BILLING CODE 4140–01–M meeting. and personal information concerning The meeting will be closed to the individuals associated with the grant public in accordance with the applications, the disclosure of which DEPARTMENT OF HEALTH AND provisions set forth in sections would constitute a clearly unwarranted HUMAN SERVICES 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., invasion of personal privacy. as amended. The grant applications and National Institutes of Health Name of Committee: National Institute of the discussions could disclose Mental Health Special Emphasis Panel, National Institute of Neurological confidential trade secrets or commercial Research in Austism Multisite. Disorders and Stroke; Notice of Closed property such as patentable material, Date: July 11, 2002. Meeting and personal information concerning Time: 11:30 a.m. to 12:45 p.m. individuals associated with the grant Agenda: To review and evaluate grant Pursuant to section 10(d) of the applications, the disclosure of which applications. Federal Advisory Committee Act, as would constitute a clearly unwarranted Place: Neuroscience Center, National amended (5 U.S.C. appendix 2), notice Institutes of Health, 6001 Executive Blvd., invasion of personal privacy. Bethesda, MD 20892 (Telephone Conference is hereby given of the following Name of Committee: National Institute of Call). meeting. Mental Health Special Emphasis Panel, Contact Person: Joel Sherrill, PhD, The meeting will be closed to the Services Research Statistical Methods. Scientific Review Administrator, Division of public in accordance with the Date: July 9, 2002. Extramural Activities, National Institute of provisions set forth in sections Time: 8:30 a.m to 5 p.m. Mental Health, NIH, Neuroscience Center,
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6001 Executive Blvd., Room 6149, MSC 9606, Mothers and Children; 93.929, Center for DEPARTMENT OF HEALTH AND Bethesda, MD 20892–9606, 301–443–6102, Medical Rehabilitation Research, National HUMAN SERVICES [email protected]. Institutes of Health, HHS) This notice is being published less than 15 National Institutes of Health days prior to the meeting due to the timing Dated: June 24, 2002. Anna Snouffer, limitations imposed by the review and National Institute of Diabetes and funding cycle. Deputy Director, Office of Federal Advisory Digestive and Kidney Diseases; Notice Committee Policy. (Catalogue of Federal Domestic Assistance of Closed Meetings Program Nos. 93.242, Mental Health Research [FR Doc. 02–16436 Filed 6–28–02; 8:45 am] Grants; 93.281, Scientist Development BILLING CODE 4140–01–M Award, Scientist Development Award for Pursuant to section 10(d) of the Clinicians, and Research Scientist Award; Federal Advisory Committee Act, as amended (5 U.S.C. appendix 2), notice 93.282, Mental Health National Research DEPARTMENT OF HEALTH AND Service Awards for Research Training, is hereby given of the following HUMAN SERVICES National Institutes of Health, HHS) meetings. Dated: June 24, 2002. National Institutes of Health The meetings will be closed to the Anna Snouffer, public in accordance with the National Institute of Child Health and provisions set forth in sections Deputy Director, Office of Federal Advisory Human Development; Notice of Closed Committee Policy. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Meeting [FR Doc. 02–16435 Filed 6–28–02; 8:45 am] as amended. The grant applications and the discussions could disclose BILLING CODE 4140–01–M Pursuant to section 10(d) of the confidential trade secrets or commercial Federal Advisory Committee Act, as property such as patentable material, amended (5 U.S.C. Appendix 2), notice DEPARTMENT OF HEALTH AND and personal information concerning is hereby given of the following HUMAN SERVICES individuals associated with the grant meeting. applications, the disclosure of which National Institutes of Health The meeting will be closed to the would constitute a clearly unwarranted public in accordance with the invasion of personal privacy. National Institute of Child Health and provisions set forth in sections Name of Committee: National Institute of Human Development; Notice of Closed 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Diabetes and Digestive and Kidney Diseases Meeting as amended. The grant applications and Special Emphasis Panel, Translational Pursuant to section 10(d) of the the discussions could disclose Research for the Prevention and Control of Federal Advisory Committee Act, as confidential trade secrets or commercial Diabetes. amended (5 U.S.C. Appendix 2), notice property such as patentable material, Date: July 309, 2002. is hereby given of the following and personal information concerning Time: 10 a.m. to 5 p.m. meeting. individuals associated with the grant Agenda: To review and evaluate grant The meeting will be closed to the applications, the disclosure of which applications. public in accordance with the would constitute a clearly unwarranted Place: Marriott Suites, 6711 Democracy provisions set forth in sections invasion of personal privacy. Blvd., Bethesda, MD 20814. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Name of Committee: National Institute of Contact Person: Michele L. Barnard, Ph.D., as amended. The grant applications and Child Health and Human Development Scientific Review Administrator, Review the discussions could disclose Special Emphasis Panel, Child Development Branch, DEA, NIDDK, National Institutes of confidential trade secrets or commercial Review. Health, Room 753, 6707 Democracy property such as patentable material, Date: July 29–30, 2002. Boulevard, Bethesda, MD 20892, 301/594– and personal information concerning Time: 8:30 a.m. to 5 p.m. 8898. individuals associated with the grant Agenda: To review and evaluate grant Name of Committee: National Institute of applications, the disclosure of which applications. Diabetes and Digestive and Kidney Diseases Place: Four Points by Sheraton Bethesda, would constitute a clearly unwarranted Special Emphasis Panel, Training Programs 8400 Wisconsin Avenue, Bethesda, MD invasion of personal privacy. in Diabetes Research For Pediatric 20814. Endocrinologist. Name of Committee: National Institute of Contact Person: Marita R. Hopmann, PhD., Date: July 31, 2002. Child Health and Human Development Scientific Review Administrator, Division of Time: 8 a.m. to 6 p.m. Special Emphasis Panel, Extramural Scientific Review, National Institute of Child Agenda: To review and evaluate grant Associates Research Development Award. Health and Human Development, 6100 applications. Date: July 25, 2002. Building, Room 5E01, Bethesda, MD 20892. Place: Marriott Suites, 6711 Democracy Time: 8:30 a.m. to 5 p.m. (301) 435–6911. [email protected]. Agenda: To review and evaluate grant Blvd., Bethesda, MD 20814. (Catalogue of Federal Domestic Assistance applications. Contact Person: Michele L. Barnard, Ph.D., Program Nos. 93.209, Contraception and Place: Hyatt Regency Hotel, One Bethesda Scientific Review Administrator, Review Infertility Loan Repayment Program; 93.864, Metro Center, Bethesda, MD 20814. Branch, DEA, NIDDK, National Institutes of Population Research; 93.865, Research for Contact Person: Carla T. Walls, PhD, Health, Room 753, 6707 Democracy Scientific Review Administrator, Division of Mothers and Children; 93.929, Center for Medical Rehabilitation Research, National Boulevard, Bethesda, MD 20892, 301/594– Scientific Review, National Institute of Child 8898. Health and Human Development, 9000 Institutes of Health, HHS) (Catalogue of Federal Domestic Assistance Rockville Pike, MSC 7510, 6100 Building, Dated: June 24, 2002. Room 5e03, Bethesda, MD 20892, (301) 496– Program Nos. 93.847, Diabetes, Anna Snouffer, 1485. Endocrinology and Metabolic Research; Deputy Director, Office of Federal Advisory (Catalogue of Federal Domestic Assistance 93.848, Digestive Diseases and Nutrition Committee Policy. Program Nos. 93.209, Contraception and Research; 93.849, Kidney Diseases, Urology infertility Loan Repayment Program; 93.864, [FR Doc. 02–16440 Filed 6–28–02; 8:45 am] and Hematology Research, National Institutes Population Research; 93.865, Research for BILLING CODE 4140–01–M of Health, HHS)
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Dated: June 24, 2002. DEPARTMENT OF HEALTH AND limitations imposed by the review and Anna Snouffer, HUMAN SERVICES funding cycle. Acting Director, Office of Federal Advisory (Catalogue of Federal Domestic Assistance Program Nos. 93.306, Comparative Medicine, Committee Policy. National Institutes of Health 93.306; 93.333, Clinical Research, 93.333, [FR Doc. 02–16441 Filed 6–28–02; 8:45 am] Center for Scientific Review; Amended 93.337, 93.393–93.396, 93.837–93.844, BILLING CODE 4140–01–M Notice of Meeting 93.846–93.878, 93.892, 93.893, National Institutes of Health, HHS) Notice is hereby given of a change in DEPARTMENT OF HEALTH AND the meeting of the Center for Scientific Dated: June 24, 2002. HUMAN SERVICES Review Special Emphasis Panel, June Anna Snouffer, 27, 2002, 8:30 a.m. to June 28, 2002, 5 Deputy Director, Office of Federal Advisory National Institutes of Health p.m., Radisson Barcelo, 2121 P Street, Committee Policy. NW, Washington, DC, 20037 which was [FR Doc. 02–16439 Filed 6–28–02; 8:45 am] Center for Scientific Review; Notice of published in the Federal Register on BILLING CODE 4140–01–M Closed Meeting June 12, 2002, 67 FR 40326–40329. The starting time of the meeting has Pursuant to section 10(d) of the been changed to 1 p.m. on June 27, DEPARTMENT OF HEALTH AND Federal Advisory Committee Act, as 2002. The meeting dates and location HUMAN SERVICES amended (5 U.S.C. Appendix 2), notice remain the same. The meeting is closed is hereby given of the following to the public. National Institutes of Health meeting. Dated: June 24, 2002. Center for Scientific Review; Notice of The meeting will be closed to the Anna Snouffer, Closed Meeting public in accordance with the Deputy Director, Office of Federal Advisory provisions set forth in sections Committee Policy. Pursuant to section 10(d) of the 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., [FR Doc. 02–16438 Filed 6–28–02; 8:45 am] Federal Advisory Committee Act, as as amended. The grant applications and BILLING CODE 4140–01–M amended (5 U.S.C. Appendix 2), notice the discussions could disclose is hereby given of the following confidential trade secrets or commercial meetings. DEPARTMENT OF HEALTH AND property such as patentable material, The meetings will be closed to the HUMAN SERVICES public in accordance with the and personal information concerning provisions set forth in sections individuals associated with the grant National Institutes of Health 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., applications, the disclosure of which as amended. The grant applications and Center for Scientific Review; Notice of would constitute a clearly unwarranted the discussions could disclose Closed Meeting invasion of personal privacy. confidential trade secrets or commercial Name of Committee: Center for Scientific Pursuant to section 10(d) of the property such as patentable material, Review Special Emphasis Panel, ZRG1 VISA Federal Advisory Committee Act, as and personal information concerning (01). amended (5 U.S.C. Appendix 2), notice individuals associated with the grant Date: June 28, 2002. is hereby given of the following applications, the disclosure of which Time: 2 p.m. to 4 p.m. meeting. would constitute a clearly unwarranted Agenda: To review and evaluate grant The meeting will be closed to the invasion of personal privacy. applications. public in accordance with the Name of Committee: Center for Scientific Place: NIH, Rockledge 2, Bethesda, MD provisions set forth in sections Review Special Emphasis Panel, ELSI–2 (01) 20892. (Telephone Conference Call). 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Research Review Panel. Contact Person: Mary Custer, PhD, as amended. The grant applications and Date: July 10–11, 2002. Scientific Review Administrator, Center for the discussions could disclose Time: 8 a.m. to 2:30 p.m. Scientific Review, National Institutes of confidential trade secrets or commercial Agenda: To review and evaluate grant Health, 6701 Rockledge Drive, Room 5102, property such as patentable material, applications and/or proposals. MSC 7850, Bethesda, MD 20892. (301) 435– and personal information concerning Place: Bethesda Holiday Inn, 8120 1164. [email protected]. Wisconsin Avenue, Bethesda, MD 20814. individuals associated with the grant Contact Person: Rudy O. Pozzatti, Ph.D., This notice is being published less than 15 applications, the disclosure of which Scientific Review Administrator, Scientific days prior to the meeting due to the timing would constitute a clearly unwarranted Review Branch, National Human Genome limitations imposed by the review and invasion of personal privacy. Research Institute, National Institutes of funding cycle. Name of Committee: Center for Scientific Health, Building 31, Room B2B37, Bethesda, MD 20892–2032, 301 402–0838, (Catalogue of Federal Domestic Assistance Review Special Emphasis Panel; ZRG1–DMG (04) Member Conflict. [email protected]. Program Nos. 93.306, Comparative Medicine, This notice is being published less than 15 93.306; 93.333, Clinical Research , 93.333, Date: July 3, 2002. Time: 12 p.m. to 1 p.m. days prior to the meeting due to the timing 93.337, 93.393–93.396, 93.837–93.844, Agenda: To review and evaluate grant limitations imposed by the review and 93.846–93.878, 93.892, 93.893, National applications. funding cycle. Institutes of Health, HHS) Place: NIH, Rockledge 2, Bethesda, MD Name of Committee: Center for Scientific 20892. (Telephone Conference Call). Review Special Emphasis Panel, ZRG1 EDC– Dated: June 24, 2002. Contact Person: Lee Rosen, PhD., Scientific 1 (02). Anna Snouffer, Review Administrator, Center for Scientific Date: July 10, 2002. Deputy Director, Office of Federal Advisory Review, National Institutes of Health, 6701 Time: 11 a.m. to 1 p.m. Committee Policy. Rockledge Drive, Room 5116k, MSC 7854, Agenda: To review and evaluate grant Bethesda, MD 20892. (301) 435–1171. applications. [FR Doc. 02–16437 Filed 6–28–02; 8:45 am] This notice is being published less than 15 Place: NIH, Rockledge 2, Bethesda, MD BILLING CODE 4140–01–M days prior to the meeting due to the timing 20892 (Telephone Conference Call).
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Contact Person: J. Scott Osborne, Ph.D., Name of Committee: AIDS and Related Name of Committee: Center for Scientific Scientific Review Administrator, Center for Research Integrated Review Group, AIDS and Review Special Emphasis Panel, ZRG1 PTHB Scientific Review, National Institutes of Related Research 5. (02) Chemoprevention. Health, 6701 Rocklege Drive, Room 4114, Date: July 16–17, 2002. Date: July 16, 2002. MSC 7816, Bethesda, MD 20892, (301) 435– Time: 8 a.m. to 4 p.m. Time: 1 p.m. to 3 p.m. 1782. Agenda: To review and evaluate grant Agenda: To review and evaluate grant This notice is being published less than 15 applications. applications. days prior to the meeting due to the timing Place: Hilton Washington Embassy Row, Place: NIH, Rockledge 2, Bethesda, MD limitations imposed by the review and 2015 Massachusetts Avenue, NW., 20892 (Telephone Conference Call). funding cycle. Washington, DC 20036. Contact Person: Martin L. Padarathsingh, Name of Committee: Center for Scientific Contact Person: Abraham P. Bautista, PhD., Ph.D., Scientific Review Administrator, Review Special Emphasis Panel, ZRG1 IFCN– Scientist Review Administrator, Center for Center for Scientific Review, National 4 (04) Neurosciences-. Scientific Review, National Institutes of Institutes of Health, 6701 Rockledge Drive, Date: July 10, 2002. Health, 6701 Rockledge Drive, Room 5102, Room 4146, MSC 7804, Bethesda, MD 20892, Time: 12 p.m. to 2 p.m. MSC 7852, Bethesda, MD 20892, (301) 435– (301) 435–1717. Agenda: To review and evaluate grant 1506, [email protected]. Name of Committee: Center for Scientific applications. Name of Committee: Center for Scientific Review Special Emphasis Panel, ZRG1 SSS– Place: NIH, Rockledge 2, Bethesda, MD Review Special Emphasis Panel, ZRG1 VACC C (03). 20892 (Telephone Conference Call). (10). Date: July 16, 2002. Contact Person: Daniel R. Kenshalo, Ph.D., Date: July 16, 2002. Time: 2 p.m. to 3:30 p.m. Scientific Review Administrator, Center for Time: 8:30 a.m. to 6 p.m. Agenda: To review and evaluate grant Scientific Review, National Institutes of Agenda: To review and evaluate grant applications. Health, 6701 Rocklege Drive, Room 5176, applications. Place: NIH, Rockledge 2, Bethesda, MD MSC 7844, Bethesda, MD 20892, (301) 435– Place: Pooks Hill Marriott, 5151 Pooks Hill 20892 (Telephone Conference Call). 1255. Road, Bethesda, MD 20814. Contact Person: Mary Sue Krause, MED, This notice is being published less than 15 Contact Person: Mary Clare Walker, PhD., Scientific Review Administrator, Center for days prior to the meeting due to the timing Scientific Review Administrator, Center for Scientific Review, National Institutes of limitations imposed by the review and Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 3182, funding cycle. Health, 6701 Rockledge Drive, Room 5104, MSC 7848, Bethesda, MD 20892, (301) 435– MSC 7852, Bethesda, MD 20892, (301) 435– Name of Committee: Center for Scientific 0902, [email protected]. Review Special Emphasis Panel, ZRG1 ET–2 1165. Name of Committee: Center for Scientific (01) Bioengineering Computational Name of Committee: Center for Scientific Review Special Emphasis Panel, ZRG1 VACC Modeling. Review Special Emphasis Panel, ZRG1 F08 (02). Date: July 11, 2002. (20). Date: July 17, 2002. Time: 1 p.m. to 2 p.m. Date: July 16–17, 2002. Time: 8:30 a.m. to 9:45 a.m. Agenda: To review and evaluate grant Time: 9 a.m. 4 p.m. applications. Agenda: To review and evaluate grant Agenda: To review and evaluate grant Place: NIH, Rockledge 2, Bethesda, MD applications. applications. 20892, (Telephone Conference Call). Place: The American Inn of Bethesda, 8130 Place: Pooks Hill Marriott, 5151 Pooks Hill Contact Person: Marchia Litwack, PhD., Wisconsin Avenue, Bethesda, MD 20814. Road, Bethesda, MD 20814. Scientific Review Administrator, Center for Contact Person: Mary P. McCormick, PhD. Contact Person: Mary Clare Walker, Ph.D., Scientific Review, National Institutes of Scientific Review Administrator, Center for Scientific Review Administrator, Center for Health, 6701 Rockledge Drive, Room 4150, Scientific Review, National Institutes of Scientific Review, National Institutes of MSC 7804, Bethesda, MD 20892, (301) 435– Health, 6701 Rockledge Drive, Room 2208, Health, 6701 Rockledge Drive, Room 5104, 1719. MSC 7890, Bethesda, MD 20892, (301) 435– MSC 7852, Bethesda, MD 20892, (301) 435– 1165. Name of Committee: Center for Scientific 1047, [email protected]. Review Special Emphasis Panel, ELSI–2 (02) Name of Committee: Center for Scientific Name of Committee: Center for Scientific Conflict of Interest SEP. Review Special Emphasis Panel, ZRG1 El Review Special Emphasis Panel, ZRG1 Date: July 11, 2002. (04). AARR–8 (10) HIV/AIDS & Contraceptive Time: 3 p.m. to 4 p.m. Date: July 16, 2002. Development SBIR Proposals. Agenda: To review and evaluate grant Time: 11 a.m. to 12 p.m.. Date: July 17, 2002. applications and/or proposals. Agenda: To review and evaluate grant Time: 8:30 a.m. to 2 p.m. Place: Bethesda Holiday Inn, 8120 applications. Agenda: To review and evaluate grant Wisconsin Avenue, Bethesda, MD 20814. Place: NIH, Rockledge 2, Bethesda, MD applications. Contact Person: Rudy O. Pozzatti, PhD, 20892, (Telephone Conference Call). Place: Holiday Inn Georgetown, 2101 Scientific Review Administrator, Scientific Contact Person: Cathleen L. Cooper, PhD., Wisconsin Avenue, NW., Washington, DC Review Branch, National Human Genome Scientific Review Administrator, Center for 20007. Research Institute, National Institutes of Scientific Review, National Institutes of Contact Person: Angela M. Pattatucci- Health, Building 31, Room B2B37, Bethesda, Health, 6701 Rockledge Drive, Room 4208, Aragon, Ph.D., Scientific Review MD 20892–2032, 301 402–0838, MSC 7812, Bethesda, MD 20892, 301–435– Administrator, Center for Scientific Review, [email protected]. 3566, [email protected]. National Institutes of Health, 6701 Rockledge Name of Committee: Center for Scientific Name of Committee: Center for Scientific Drive, Room 5220, MSC 7852, Bethesda, MD Review Special Emphasis Panel, ZRG1 SSS– Review Special Emphasis Panel, ZRG1 CPA 20892, (301) 435–1775. F (03). (02) Myeloid Diseases. Name of Committee: Center for Scientific Date: July 15, 2002. Date: July 16, 2002. Review Special Emphasis Panel, ZRG1 SSS– Time: 1 p.m. to 2 p.m. Time: 1 p.m. to 3 p.m.. C (29) Minority/Disability Predoctoral Agenda: To review and evaluate grant Agenda: To review and evaluate grant Fellowship Reviews–DCPS, applications. applications. Date: July 17–18, 2002. Place: NIH, Rockledge 2, Bethesda, MD Place: NIH, Rockledge 2, Bethesda, MD Time: 9 a.m. to 5 p.m. 20892, (Telephone Conference Call). 20892, (Telephone Conference Call). Agenda: To review and evaluate grant Contact Person: Calbert A. Laing, PhD., Contact Person: Victor A. Fung, Ph.D., applications. Scientific Review Administrator, Center for Scientific Review Administrator, Center for Place: Melrose Hotel, 2430 Pennsylvania Scientific Review, National Institutes of Scientific Review, National Institutes of Avenue, NW., Washington, DC 20037. Health, 6701 Rockledge Drive, Room 4210, Health, 6701 Rockledge Drive, Room 4120, Contact Person: Mary Sue Krause, MED, MSC 7812, Bethesda, MD 20892, 301–435– MSC 7804, Bethesda, MD 20814–9692, 301– Scientific Review Administrator, Center for 1221, [email protected]. 435–3504, [email protected]. Scientific Review, National Institutes of
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Health, 6701 Rockledge Drive, Room 3182, Administrator, Center for Scientific Review, Contact Person: William C. Benzing, Ph.D., MSC 7848, Bethesda, MD 20892, (301) 435– National Institutes of Health, 6701 Rockledge Scientific Review Administrator, Center for 0902. [email protected]. Drive, Room 5220, MSC 7852, Bethesda, MD Scientific Review, National Institutes of Name of Committee: Center for Scientific 20892, (301) 435–1775. Health, 6701 Rockledge Drive, Room 5190, Review Special Emphasis Panel, ZRG1 VACC Name of Committee: Center for Scientific MSC 7846, Bethesda, MD 20892, (301) 435– (01). Review Special Emphasis Panel, AARR–8 1254, [email protected]. Date: July 17–18, 2002. Member Conflicts. Name of Committee: Center for Scientific Time: 10 a.m. to 6 p.m. Date: July 17, 2002. Review Special Emphasis Panel, SRG1 SSS– Agenda: To review and evaluate grant Time: 3:15 p.m. to 5:30 p.m. N (01). applications. Agenda: To review and evaluate grant Date: July 18–19, 2002. Place: Pooks Hill Marriott, 5151 Pooks Hill applications. Time: 8:30 a.m. to 4 p.m. Road, Bethesda, MD 20814. Place: Holiday Inn Georgetown, 2101 Agenda: To review and evaluate grant Contact Person: Mary Clare Walker, Ph.D., Wisconsin Avenue, NW., Washington, DC applications. Scientific Review Administrator, Center for 20007. Place: Holiday In—Chevy Chase, 5520 Scientific Review, National Institutes of Contact Person: Angela M. Pattatucci- Wisconsin Avenue, Bethesda, MD 20815. Health, 6701 Rockledge Drive, Room 5104, Aragon, Ph.D., Scientific Review Contact Person: Mariela Shirley, PhD, MSC 7852, Bethesda, MD 20892, (301) 435– Administrator, Center for Scientific Review, Scientific Review Administrator, Center for 1165. National Institutes of Health, 6701 Rockledge Scientific Review, National Institutes of Name of Committee: Center for Scientific Drive, Room 5220, MSC 7852, Bethesda, MD Health, 6701 Rockledge Drive, Room 4118, Review Special Emphasis Panel, ZRG1 20892, (301) 435–1775. MSC 7848, Bethesda, MD 20892, (301) 435– RPHB–1 (02). Name of Committee: AIDS and Related 3554, [email protected]. Date: July 17, 2002. Research Integrated Review Group, AIDS and Name of Committee: Cell Development and Time: 11 a.m. to 12:30 p.m. Related Research 2. Function Integrated Review Group, Agenda: To review and evaluate grant Date: July 18–19, 2002. International and Cooperative Projects Study applications. Time: 8 a.m. to 5:30 p.m. Section. Place: NIH, Rockledge 2, Bethesda, MD Agenda: To review and evaluate grant Date: July 18–29, 2002. 20892 (Telephone Conference Call). applications. Time: 8:30 a.m. to 2:30 p.m. Contact Person: Victoria S. Levin, MSW, Place: Hilton Washington Embassy Row, Agenda: To review and evaluate grant Scientific Review Administrator, Center for 2015 Massachusetts Avenue, NW., applications. Scientific Review, National Institutes of Washington, DC 20036. Place: Georgetown Suites, 1000 29th Street, Health, 6701 Rockledge Drive, Room 3172, Contact Person: Abraham P. Bautista, NW., Washington, DC 20007. MSC 7848, Bethesda, MD 20892, (301) 435– Ph.D., Scientific Review Administrator, Contact Person: Sandy Warren, DMD, 0912, [email protected]. Center for Scientific Review, National MPH, Scientific Review Administrator, Name of Committee: Center for Scientific Institutes of Health, 6701 Rockledge Drive, Center for Scientific Review, National Review Special Emphasis Panel, ZRG1 PC Room 5102, MSC 7852, Bethesda, MD 20892, Institutes of Health, 6701 Rockledge Drive, (02). (301) 435–1506. Room 5134, MDC 7840, Bethesda, MD 20892, Date: July 17, 2002. Name of Committee: Center for Scientific (301) 435–1019. Review Special Emphasis Panel, AARR–8 Time: 1 p.m. to 2 p.m. Name of Committee: Center for Scientific (01) HIV/AIDS Intervention Research. Agenda: To review and evaluate grant Review Special Emphasis panel, ZRG1 Date: July 18–19, 2002. applications. BBBP–1 (10) Psychopathology and Adult Time: 8 a.m. to 5 p.m. Place: NIH, Rockledge 2, Bethesda, MD Disorders. 20892 (Telephone Conference Call). Agenda: To review and evaluate grant Date: July 18, 2002. Contact Person: Richard Panniers, Ph.D., applications. Time: 9 a.m. to 6 p.m. Scientific Review Administrator, Center for Place: Holiday Inn Georgetown, 2101 Agenda: To review and evaluate grant Scientific Review, National Institutes of Wisconsin Avenue, NW., Washington, DC applications. Health, 6701 Rockledge Drive, Room 5148, 20007. MSC 7842, Bethesda, MD 20892, (301) 435– Contact Person: Angela M. Pattatucci- Place: Mayflower Renaissance Hotel, 1127 1741. Aragon, Ph.D., Scientific Review Connecticut Ave. NW., Washington, DC Administrator, Center for Scientific Review, 20036. Name of Committee: Center for Scientific Contact Person: Luci Roberts, PhD, Review Special Emphasis Panel, ZRG1 PTHB National Institutes of Health, 6701 Rockledge Drive, Room 5220, MSC 7852, Bethesda, MD Scientific Review Administrator, Center for 01 M (Genetic Instability). the Scientific Review, National Institutes of Date: July 17, 2002. 20892, (301) 435–1775. Health, 6701 Rockledge Drive, Room 3188, Time: 1 p.m. to 3 p.m. Name of Committee: Center for Scientific MSC 7848, Bethesda, MD 20892, (301) 435– Agenda: To review and evaluate grant Review Special Emphasis Panel, ZRG1 0692. applications. MDCN–3 (10) Neuro SBIR. Place: NIH, Rockledge 2, Bethesda, MD Date: July 18, 2002. Name of Committee: Center for Scientific 20892 (Telephone Conference Call). Time: 8:30 a.m. to 5 p.m. Review Special Emphasis panel, ZRG1 SSS– Contact Person: Martin L. Padarathsingh, Agenda: To review and evaluate grant 5 (15) SBIR/STTR Orthopedic Medicine. Ph.D., Scientific Review Administrator, applications. Date: July 18–19, 2002. Center for Scientific Review, National Place: St. Gregory Hotel, 2033 M Street, Time: 10 a.m. to 5 p.m. Institutes of Health, 6701 Rockledge Drive, NW., Washington, DC 20036–3305. Agenda: To review and evaluate grant Room 4146, MSC 7804, Bethesda, MD 20892, Contact Person: Michael A. Lang, Ph.D., applications. (301) 435–1717. Scientific Review Administrator, Center for Place: The Churchill Hotel, 1914 Name of Committee: Center for Scientific Scientific Review, National Institutes of Connecticut Avenue, NW., Washington, DC Review Special Emphasis Panel, ZRG1 Health, 6701 Rockledge Drive, Room 5201, 20009. AARR–8 (03) HIV/AIDS Psychoimmunology MSC 7850, Bethesda, MD 20892, (301) 435– Contact Person: Nancy Shinowara, PhD, Studies. 1265. Scientific Review Administrator, Center for Date: July 17, 2002. Name of Committee: Center for Scientific Scientific Review, National Institutes of Time: 2:30 p.m. to 3:10 p.m. Review Special Emphasis Panel, ZRG1 Health, 6701 Rockledge Drive, Room 4208, Agenda: To review and evaluate grant BDCN–2 (10) SBIR Study Section. MSC 7814, Bethesda, MD 20892–7814, (301) applications. Date: July 18–19, 2002. 435–1173. [email protected]. Place: Holiday Inn Georgetown, 2101 Time: 8:30 a.m. to 5 p.m. Name of Committee: Center for Scientific Wisconsin Avenue, NW., Washington, DC Agenda: To review and evaluate grant Review Special Emphasis Panel, ZRG1 CPA 20007. applications. (03) Tumor Metastasis. Contact Person: Angela M. Pattatucci- Place: Ramada Inn, 1775 Rockville Pike, Date: July 18, 2002. Aragon, Ph.D., Scientific Review Rockville, MD 20852. Time: 1 p.m. to 3 p.m.
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Agenda: To review and evaluate grant DEPARTMENT OF HEALTH AND Date: July 22–23, 2002. applications. HUMAN SERVICES Time: 8 a.m. to 11 a.m. Place: NIH, Rockledge 2, Bethesda, MD Agenda: To review and evaluate grant 20892 (Telephone Conference Call). National Institutes of Health applications and/or proposals. Contact Person: Victor A. Fung, PhD, Place: Hilton Washington Embassy Row, Scientific Review Administrator, Center for Center for Scientific Review; Notice of 2015 Massachusetts Avenue NW., Scientific Review, National Institutes of Closed Meetings Washington, DC 20036. Contact Person: Ranga V. Srinivas, PhD, Health, 6701 Rockledge Drive, Room 4120, Pursuant to section 10(d) of the Scientific Review, Administrator, Center for MSC 7804, Bethesda, MD 20814–9692, 301– Federal Advisory Committee Act, as Scientific Review, National Institutes of 435–3504, [email protected]. amended (5 U.S.C. Appendix 2), notice Health, 6701 Rockledge Drive, Room 5108, Name of Committee: Center for Scientific is hereby given of the following MSC 7852, Bethesda, MD 20892, (301) 435– Review Special Emphasis Panel, ZRG1 meetings. 1167, [email protected]. SNEM–2 (02). The meetings will be closed to the Name of Committee: Center for Scientific Date: July 18, 2002. public in accordance with the Review Special Emphasis Panel AARR–7 (02) Time: 12 p.m. to 2 p.m. provisions set forth in sections Member Conflict Applications Agenda: To review and evaluate grant 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Date: July 22, 2002. applications. as amended. The grant applications and Time: 8:30 a.m. to 9:59 a.m. Place: NIH, Rockledge 2, Bethesda, MD the discussions could disclose Agenda: To review and evaluate grant applications. 20892 (Telephone Conference Call). confidential trade secrets or commercial Contact Person: Yvette M. Davis, VMD, Place: Sheraton Bal Harbour Hotel, 9701 property such as patentable material, Collins Avenue, Bal Harbour, FL 33154. MPH, Scientific Review Administrator, and personal information concerning Contact Person: Angela M. Pattatucci- Center for Scientific Review, National individuals associated with the grant Aragon, PhD, Scientific Review Institutes of Health, 6701 Rockledge Drive, applications, the disclosure of which Administrator, Center for Scientific Review, Room 3152, MSC 7770, Bethesda, MD 20892, would constitute a clearly unwarranted National Institutes of Health, 6701 Rockledge 301–435–0906. invasion of personal privacy. Drive, Room 5220, MSC 7852, Bethesda, MD Name of Committee: Center for Scientific 20892, (301) 435–1775. Name of Committee: Center for Scientific Review Special Emphasis Panel, ZRG1 REB Review Special Emphasis Panel ZRG1 SSS O Name of Committee: Center for Scientific (29). (11). Review Special Emphasis Panel ZRG1 SSS– Date: July 19, 2002. Date: July 22, 2002. 4 (01) Shared Instrumentation Grants-Surface Time: 8 a.m. to 5 p.m. Time: 8 a.m. to 11 a.m. Plasmon Resonance Instruments Agenda: To review and evaluate grant Agenda: to review and evaluate grant Date: July 22, 2002. applications. applications. Time: 8:30 a.m. to 1 p.m. Place: American Inn of Bethesda, 8130 Place: Holiday Inn Georgetown, 2101 Agenda: To review and evaluate grant applications. Wisconsin Ave, Bethesda, MD 20814. Wisconsin Avenue, Washington, D.C., 2007. Contact Person: Chhanda L. Ganguly, PhD, Place: The River Inn, 924 25th St N.W., Contact Person: Dennis Leszczynski, PhD., Scientific Review Administrator, Center for Washington, DC 20037. Scientific Review Administrator, Center for Scientific Review, National Institutes of Contact Person: Stephen M. Nigida, PhD, Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 5156, Scientific Review Administrator, Center for Health, 6701 Rockledge Drive, Room 6170, MSC 7842, Bethesda, MD 20892, (301) 435– Scientific Review, National Institutes of MSC 7892, Bethesda, MD 20892, (301) 435– 1739, [email protected]. Health, 6701 Rockledge Drive, Room 4112, 1044. Name of Committee: Center for Scientific MSC 7812, Bethesda, MD 20892, (301) 435– Name of Committee: Center for Scientific Review Special Emphasis Panel ZRG1 SSS F 3565. Review Special Emphasis Panel, ZRG1 VACC (02) Sensor Development and Validation Name of Committee: Center for Scientific (03). (RFA EB–02–002) Review Special Emphasis Panel ZRG1 Date: July 19, 2002. Date: July 22–23, 2002. AARR–7 (03) Sexual Risk Assessment Time: 8:30 a.m. to 6 p.m. Time: 8 a.m. to 5 p.m. Date: July 22, 2002. Agenda: To review and evaluate grant Time: 10 a.m. to 10:29 a.m. Agenda: To review and evaluate grant applications. applications. Agenda: To review and evaluate grant Place: Monarch Hotel, 2400 M Street, applications. Place: Pooks Hill Marriott, 5151 Pooks Hill N.W., Washington, DC 20037. Place: Sheraton Bal Harbour Hotel, 9701 Road, Bethesda, MD 20814. Contact Person: Marjam G. Behar, PhD, Collins Avenue, Bal Harbour, FL 33514. Contact Person: Mary Clare Walker, PhD., Scientific Review Administrator, Center for Contact Person: Angela M. Pattatucci- Scientific Review Administrator, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, MSC 7812, Aragon, PhD, Scientific Review Scientific Review, National Institutes of Administrator, Center for Scientific Review, Health, 6701 Rockledge Drive, Room 5104, Bethesda, MD 20892, 610–825–0349, [email protected]. National Institutes of Health, 6701 Rockledge MSC 7852, Bethesda, MD 20892, (301) 435– Drive, Room 5220, MSC 7852, Bethesda, MD Name of Committee: Center for Scientific 1165. 20892, (301) 435–1775. Review Special Emphasis Panel ARG1 SSS X (Catalogue of Federal Domestic Assistance (30) Bioengineering Name of Committee: Center for Scientific Program Nos. 93.306, Comparative Medicine, Date: July 22–23, 2002. Review Special Emphasis Panel ZRG! AARR– 93.306; 93.333, Clinical Research, 93.333, Time: 8 a.m. to 4 p.m. & (01) 93.337, 93.393–93.396, 93.837–93.844, Agenda: to review and evaluate grant Date: July 22–24, 2002. 93.846–93.878, 93.892, 93.893, National applications. Time: 10:30 a.m. to 3:30 p.m. Institutes of Health, HHS) Place: Holiday Inn, 8120 Wisconsin Agenda: To review and evaluate grant Avenue, Bethesda, MD 20814. applications. Dated: June 24, 2002. Contact Person: Lee Rosen, PhD, Scientific Place: Sheraton Bal Harbour Hotel, 9701 Anna Snouffer, Review Administrator, Center for Scientific Collins Avenue, Bal Harbour, FL 33154. Review, National Institutes of Health, 6701 Deputy Director, Office of Federal Advisory Contact Person: Angela M Pattatucci- Rockledge Drive, Room 5116, MSC 7854, Aragon, PhD, Scientific Review Committee Policy. Bethesda, MD 20892, (301) 435–1171. Administrator, Center for Scientific Review, [FR Doc. 02–16442 Filed 6–28–02; 8:45 am] Name of Committee: AIDS and Related National Institutes of Health, 6701 Rockledge BILLING CODE 4140–01–M Research Integrated Review Group AIDS and Drive, Room 5220, MSC 7852, Bethesda, MD Related Research 6 20892, (301) 435–1775.
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Name of Committee: Center for Scientific MSC 7842, Bethesda, MD 20892, (301) 435– Contact Person: Cheri Wiggs, PhD, Review Special Emphasis Panel ZRG1 SSS 0 1739, [email protected]. Scientific Review Administrator, Center for (10) Name of Committee: Center for Scientific Scientific Review, National Institutes of Date: July 22, 2002. Review and Special Emphasis Panel BBBP– Health, 6701 Rockledge Drive, Room 3180, Time: 11 a.m. to 4 p.m. 2 SBIR member conflict reviews in MSC 7848, Bethesda, MD 20892, (301) 435– Agenda: To review and evaluate grant Developmental Disabilities 1261. applications. Date: July 23, 2002. Name of Committee: Center for Scientific Place: Holiday Inn Georgetown, 2101 Time: 9 a.m. to 10 a.m. Review Special Emphasis Panel ZRG1 CVA Wisconsin Avenue, Washington, DC 20007. Agenda: To review and evaluate grant (01) BRP: 3D Imaging Contact Persons: Chhanda L. Ganguly, applications. Date: July 24, 2002. PhD, Scientific Review Administrator, Center Place: Embassy Suites, Chevy Chase Time: 11 a.m. to 12:30 p.m. for Scientific Review, National Institutes of Pavilion, 4300 Military Rd., Wisconsin at Agenda: To review and evaluate grant Health, 6701 Rockledge Drive, Room 5156, Western Ave., Washington, DC 20015. applications. MSC 7842, Bethesda, MD 20892, (301) 435– Contact Person: Luci Roberts, PhD, Place: NIH, Rockledge 2, Bethesda, MD 1739, [email protected]. Scientific Review Administrator, Center for 20892, (Telephone Conference Call). Name of Committee: Center for Scientific Scientific Review, National Institutes of Contact Person: Gordon L. Johnson, PhD, Review Special Emphasis Panel ZRG1 PTHB Health, 6701 Rockledge Drive, Room 3188, Scientific Review Administrator, Center for 04 M MSC 7848, Bethesda, MD 20892, (301) 435– Scientific Review, National Institutes of Date: July 22, 2002. 0692. Health, 6701 Rockledge Drive, Room 4136, Time: 1 p.m. to 3 p.m. Name of Committee: Center for Scientific MSC 7802, Bethesda, MD 20892, (301) 435– Agenda: To review and evaluate grant Review Special Emphasis Panel ZRG1 SSS– 1212. applications. 1 (01) M: Member Conflict: Cellular Name of Committee: Center for Scientific Place: NIH, Rockledge 2, Bethesda, MD Proliferation and Repair Review Special Emphasis Panel ZRG1 SSS– 20892, (Telephone Conference Call). Date: July 23, 2002. 6(11) Contact Person: Martin L. Padarathsingh, Time: 1 p.m. to 2 p.m. Date: July 24, 2002. PhD, Scientific Review Administrator, Center Agenda: To review and evaluate grant Time: 11 a.m. to 1 p.m. for Scientific Review, National Institutes of applications. Agenda: To review and evaluate grant Health, 6701 Rockledge Drive, Room 4146, Place: NIH, Rockledge 2, Bethesda, MD applications. MSC 7804, Bethesda, MD 20892, (301) 435– 20892, (Telephone Conference Call). Place: NIH, Rockledge 2, Bethesda, MD 1717. Contact Person: Shen K. Yang, PhD, 20892, (Telephone Conference Call). Scientific Review Administrator, Center for Contact Person: John L. Bowers, PhD, Name of Committee: Center for Scientific Scientific Review, National Institutes of Scientific Review Administrator, Center for Review Special Emphasis Panel ZRG1 CAMP Health, 6701 Rockledge Drive, Room 4138, Scientific Review, National Institutes of (04) Colon and Liver Carcinogenesis MSC 7804, Bethesda, MD 20892, (301) 435– Health, 6701 Rockledge Drive, Room 4168, Date: July 22, 2002. 1213, [email protected]. MSC 7806, Bethesda, MD 20892, (301) 435– Time: 1:30 p.m. to 3 p.m. 1725. Agenda: To review and evaluate grant Name of Committee: Center for Scientific Review Special Emphasis Panel CAMP (03) Name of Committee: Center for Scientific applications. DNA Damage and Repair in Oncogenesis Review Special Emphasis Panel ZRG1–IFCN– Place: NIH, Rockledge 2, Bethesda, MD Date: July 23, 2002. 5–03: Member Conflict Panel: Visual and 20892, (Telephone Conference Call). Time: 2 p.m. to 3:30 p.m. Vestibular Systems Contact Person: Elaine Sierra-Rivera, PhD, Agenda: To review and evaluate grant Date: July 24, 2002. Scientific Review Administrator, Center for applications. Time: 1 p.m. to 3 p.m. Scientific Review, National Institutes of Place: NIH, Rockledge 2, Bethesda, MD Agenda: To review and evaluate grant Health, 6701 Rockledge Drive, Room 4136, 20892, (Telephone Conference Call). applications. MSC 7804, Bethesda, MD 20892, 301–435– Contact Person: Elaine Sierra-Rivera, PhD, Place: NIH, Rockledge 2, Bethesda, MD 1779, [email protected]. Scientific Review Administrator, Center for 20892, (Telephone Conference Call). Name of Committee: Center for Scientific Scientific Review, National Institutes of Contact Person: John Bishop, PhD, Review Special Emphasis Panel ZRG1 BBBP– Health, 6701 Rockledge Drive, Room 4136, Scientific Review Administrator, Center for 2, (10) Developmental Disabilities, MSC 7804, Bethesda, MD 20892, (301) 435– Scientific Review, National Institutes of Communications, and Science Education 1779, [email protected]. Health, 6701 Rockledge Drive, Room 5180, Date: July 22–23, 2002. Name of Committee: Center for Scientific MSC 7844, Bethesda, MD 20892, (301) 435– Time: 9 p.m. to 5 p.m. Review Special Emphasis Panel ZRG1 1250. Agenda: To review and evaluate grant AARR–6 (51) SEP to review RFA DK–02–006 Name of Committee: Center for Scientific applications. Date: July 23–24, 2002. Review Special Emphasis Panel ZRG1 IFCN1 Place: Embassy Suites, Chevy Chase Time: 12:30 p.m. to 3:30 p.m. (04) Behavioral Neuroendocrinology Pavilion, 4300 Military Rd., Wisconsin at Agenda: To review and evaluate grant Date: July 24, 2002. Western Ave., Washington, DC 20015. applications. Time: 2 p.m. to 5 p.m. Contact Person: Thomas A. Tatham, PhD, Place: Hilton Washington Embassy Row, Agenda: To review and evaluate grant Scientific review Administrator, Center for 2015 Massachusetts Avenue NW., applications. Scientific Review, National Institutes of Washington, DC 20036. Place: NIH, Rockledge 2, Bethesda, MD Health, 6701 Rockledge Drive, Room 3114, Contact Person: Ranga V. Srinivas, PhD, 20892, (Telephone Conference Call). MSC 7848, Bethesda, MD 20892, (301) 594– Scientific Review Administrator, Center for Contact Person: Gamil C. Debbas, PhD, 6836, [email protected]. Scientific Review, National Institutes of Scientific Review Administrator, Center for Name of Committee: Center for Scientific Health, 6701 Rockledge Drive, Room 5108, Scientific Review, National Institutes of Review Special Emphasis Panel ZRG1 SSS O MSC 7852, Bethesda, MD 20892, (301) 435– Health, 6701 Rockledge Drive, Room 5170, (12) 1167, [email protected]. MSC 7844, Bethesda, MD 20892, (301) 435– Date: July 23, 2002. Name of Committee: Center for Scientific 1247, [email protected]. Time: 8 a.m. to 4 p.m. Review Special Emphasis Panel ZRG1 BBBP– Name of Committee: Center for Scientific Agenda: To review and evaluate grant 4 (03) Member Conflict: Attention Deficit Review Special Emphasis Panel ZRG1–CDF– applications. Hyperactivity Disorder 5–01: Nitric Oxide/apoptosis Place: Holiday Inn Georgetown, 2101 Date: July 24, 2002. Date: July 24, 2002. Wisconsin Avenue, Washington, DC, 20007. Time: 10:30 a.m. to 11:30 a.m. Time: 3:30 p.m. to 5 p.m. Contact Person: Chhanda L. Ganguly, PhD, Agenda: To review and evaluate grant Agenda: To review and evaluate grant Scientific Review Administrator, Center for applications. applications. Scientific Review, National Institutes of Place: NIH, Rockledge 2, Bethesda, MD Place: NIH, Rockledge 2, Bethesda, MD Health, 6701 Rockledge Drive, Room 5156, 20892, (Telephone Conference Call). 20892, (Telephone Conference Call).
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Contact Person: Sherry L. Dupere, PhD, This Notice is soliciting comments DEPARTMENT OF HOUSING AND Scientific Review Administrator, Center for from members of the public and affected URBAN DEVELOPMENT Scientific Review, National Institutes of agencies concerning the proposed Health, 6701 Rockledge Drive, Room 5136, collection of information to: (1) Evaluate [Docket No. FR–4739–N–20] MSC 7840, Bethesda, MD 20892, (301) 435– whether the proposed collection is 1021, [email protected]. Notice of Proposed Information necessary for the proper performance of (Catalogue of Federal Domestic Assistance Collection: Comment Request; the functions of the agency, including Program Nos. 93.306, Comparative Medicine, Multifamily Financial Management whether the information will have 93.306; 93.333, Clinical Research, 93.333, Template 93.337, 93.393–93.396, 93.837–93.844, practical utility; (2) evaluate the 93.846–93.878, 93.892, 93.893, National accuracy of the agency’s estimate of the AGENCY: Office of the Assistant Institutes of Health, HHS) burden of the proposed collection of Secretary for Housing-Federal Housing Dated: June 24, 2002. information; (3) enhance the quality, Commission, HUD. Anna Snouffer, utility, and clarity of the information to ACTION: Notice. Deputy Director, Office of Federal Advisory be collected; and (4) minimize the Committee Policy. burden of the collection of information SUMMARY: The proposed information [FR Doc. 02–16443 Filed 6–28–02; 8:45 am] on those who are to respond; including collection requirement described below BILLING CODE 4140–01–M the use of appropriate automated will be submitted to the Office of collection techniques or other forms of Management and Budget (OMB) for information technology, e.g., permitting review, as required by the Paperwork DEPARTMENT OF HOUSING AND electronic submission of responses. Reduction Act. The Department is soliciting public comments on the URBAN DEVELOPMENT This Notice also lists the following subject proposal. information: [Docket No. FR4739N19] DATES: Comments Due Date: August 30, Title of Proposal: Master Appraisal 2002. Notice of Proposed Information Reports. Collection: Comment Request; Master ADDRESSES: Interested persons are OMB Control Number, if applicable: Appraisal Reports invited to submit comments regarding 2502–0493. this proposal. Comments should refer to AGENCY: Office of the Assistant Description of the need for the the proposal by name and/or OMB Secretary for Housing-Federal Housing information and proposed use: HUD’s Control Number and should be sent to: Commissioner, HUD. collection of this information permits Wayne Eddins, Reports Management ACTION: Notice. the listing of models covering types of Officer, Department of Housing and individual homes proposed for Urban Development, 451 7th Street, SUMMARY: The proposed information construction. It also sets forth the SW., L’Enfant Plaza Building, Room collection requirement described below general and specific conditions, which 8003, Washington, DC 20410. will be submitted to the Office of must be met before a property can be FOR FURTHER INFORMATION CONTACT: Management and Budget (OMB) for endorsed. This information collection is Beverly J. Miller, Director, Office of review, as required by the Paperwork prepared by participating lenders Asset Management, Department of Reduction Act. The Department is working with developers. Housing and Urban Development, 451 soliciting public comments on the 7th Street SW., Washington, DC 20410, subject proposal. Agency form numbers, if applicable: HUD–91322, HUD–91322.1, HUD– telephone (202) 708–3730 (this is not a DATES: Comments Due Date: August 30, 91322.2, & HUD–91322.3. toll free number) for copies of the 2002. proposed forms and other available ADDRESSES: Interested persons are Estimation of the total numbers of information. invited to submit comments regarding hours needed to prepare the information collection including number of SUPPLEMENTARY INFORMATION: The this proposal. Comments should refer to Department is submitting the proposed the proposal by name and/or OMB respondents, frequency of response, and hours of response: The estimated information collection to OMB for Control Number and should be sent to: review, as required by the Paperwork Wayne Eddins, Reports Management number of respondents is 3,500 generating 14,000 annual responses, Reduction Act of 1995 (44 U.S.C. Officer, Department of Housing and Chapter 35, as amended). Urban Development, 451 7th Street, frequency of responses is on occasion, the estimated time per response varies This Notice is soliciting comments SW., L’Enfant Plaza Building, Room from members of the public and affected 8001, Washington, DC 20410. from 30 minutes to 45 minutes, and the estimated annual burden hours agencies concerning the proposed FOR FURTHER INFORMATION CONTACT: requested is 7,875. collection of information to: (1) Evaluate Vance Morris, Director, Office of Single whether the proposed collection is Family Program Development, Status of the proposed information necessary for the proper performance of Department of Housing and Urban collection: Reinstatement, with change, the functions of the agency, including Development, 451 7th Street, SW., of a previously approved collection for whether the information will have Washington, DC 20410, telephone (202) which approval has expired. practical utility; (2) Evaluate the 708–2121 (this is not a toll free number) Authority: The Paperwork Reduction Act accuracy of the agency’s estimate of the for copies of the proposed forms and of 1995, 44 U.S.C. Chapter 35, as amended. burden of the proposed collection of other available information. information; (3) Enhance the quality, Dated: June 25, 2002. SUPPLEMENTARY INFORMATION: The utility, and clarity of the information to Department is submitting the proposed John C. Weicher, be collected; and (4) Minimize the information collection to OMB for Assistant Secretary for Housing-Federal burden of the collection of information review, as required by the Paperwork Housing Commissioner. on those who are to respond; including Reduction Act of 1995 (44 U.S.C. [FR Doc. 02–16517 Filed 6–28–02; 8:45 am] the use of appropriate automated Chapter 35, as amended). BILLING CODE 4210–27–M collection techniques or other forms of
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information technology, e.g., permitting DEPARTMENT OF HOUSING AND collection techniques or other forms of electronic submission of responses. URBAN DEVELOPMENT information technology, e.g., permitting electronic submission of responses. This Notice also lists the following [Docket No. FR–4739–N–21] information: This Notice also lists the following information: Title of Proposal: Multifamily Notice of Proposed Information Collection: Comment Request; Title of Proposal: Subterranean Financial Management Template. Subterranean Termite Treatment Termite Treatment Builder’s OMB Control Number, if applicable: Builder’s Certification and Guarantee, Certification and Guarantee, and the 2502-New (formerly 2535–0107). and the New Construction New Construction Subterranean Termite Soil Treatment Record. Description of the need for the Subterranean Termite Soil Treatment OMB Control Number, if applicable: information and proposed use: The Record 2502–02525. Uniform Financial Reporting Standards AGENCY: Office of the Assistant Description of the need for the (UFRS) for HUD Housing Programs Secretary for Housing-Federal Housing information and proposed use: HUD’s requires HUD multifamily housing Commissioner, HUD. collection of this information permits program participants to submit financial ACTION: Notice. the NPCA–99a to establish the builder’s data electronically, using General warranty against termites for a period of Accepted Accounting Principles SUMMARY: The proposed information one year bringing it into conformance (GAAP), in a prescribed format. collection requirement described below with other builder warranties HUD Electronic submission of this data will be submitted to the Office of requires for newly constructed housing. requires the use of a template. The Management and Budget (OMB) for The NPCA–99b is submitted to the Multifamily Financial Management review, as required by the Paperwork builder of new homes when the soil template includes updates that increase Reduction Act. The Department is treatment method is used for termite the efficiency of the data collection and soliciting public comments on the prevention. reduces the burden hours for the subject proposal. Agencies form numbers, if applicable: respondents. HUD will continue to use DATES: Comments Due: August 30, 2002. NPCA–99a and NPCA–99b. the financial information collected from ADDRESSES: Interested persons are Estimation of the total number of multifamily property owners to evaluate invited to submit comments regarding hours needed to prepare the information their financial condition. Requiring this proposal. Comments should refer to collection including number of multifamily property owners to report the proposal by name and/or OMB respondents, frequency of response, and electronically has enabled HUD to Control Number and should be sent to: hours of response: The estimated provide a more comprehensive financial Wayne Eddins, Reports Management number of respondents is 54,000 assessment of the multifamily property Officer, Department of Housing and generating 54,000 annual response, frequency of response is on occasion, owners receiving Federal funds. Urban Development, 451 7th Street, SW., L’Enfant Plaza Building, Room the estimated time per response varies Agency form numbers, if applicable: 8001, Washington, DC 20410. from approximately 5 minutes to 15 None. FOR FURTHER INFORMATION CONTACT: minutes, and the estimated annual Estimated of the total number of Vance Morris, Director, Office of Single burden hours requested is 8,964. hours needed to prepare the information Family Program Development, Status of the proposed information collection including number of Department of Housing and Urban collection: Extension of a currently respondents, frequency of response, and Development, 451 7th Street SW, approved collection. hours off response: The estimated total Washington, DC 20410, telephone (202) Authority: The Paperwork Reduction Act number of annual hours needed to 708–2121 (this is not a toll free number) of 1995, 44 U.S.C., Chapter 35, as amended. prepare the information collection is for copies of the proposed forms and Dated: June 25, 2002. 53,784; the number of respondents is other available information. John C. Weicher, 20,774 generating 20,774 annual SUPPLEMENTARY INFORMATION: The Assistant Secretary for Housing-Federal responses; the frequency of response is Department is submitting the proposed Housing Commissioner. annually; and the number of hours per information collection to OMB for [FR Doc. 02–16519 Filed 6–28–02; 8:45 am] review, as required by the Paperwork response is approximately 2.50 hours. BILLING CODE 4210–27–M Reduction Act of 1995 (44 U.S.C. Status of the proposed information Chapter 35, as amended). collection: Revision of a currently This Notice is soliciting comments approved collection. (This collection DEPARTMENT OF HOUSING AND from members of the public and affected URBAN DEVELOPMENT was transferred from the Real Estate agencies concerning the proposed Assessment Center to the Assistant collection of information to: (1) Evaluate [Docket No. FR–4734–N–28] Secretary for Housing-Federal Housing whether the proposed collection is Notice of Submission of Proposed Commission.) necessary for the proper performance of Information Collection to OMB Section the functions of the agency, including Authority: The Paperwork Reduction Act 8 Fair Market Rent Random Digit whether the information will have of 1995, 44 U.S.C., Chapter 35, as amended. Dialing Surveys practical utility; (2) Evaluate the Dated: June 25, 2002. accuracy of the agency’s estimate of the AGENCY: Office of the Chief Information John C. Weicher, burden of the proposed collection of Officer, HUD. Assistant Secretary for Housing-Federal information; (3) Enhance the quality, ACTION: Notice. Housing Commissioner. utility, and clarity of the information to [FR Doc. 02–16518 Filed 6–28–02; 8:45 am] be collected; and (4) Minimize the SUMMARY: The proposed information BILLING CODE 4210–27–M burden of the collection of information collection requirement described below on those who are to respond; including has been submitted to the Office of the use of appropriate automated Management and Budget (OMB) for
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review, as required by the Paperwork forms and other available documents extension, reinstatement, or revision of Reduction Act. The Department is submitted to OMB may be obtained an information collection requirement; soliciting public comments on the from Mr. Eddins. and (10) the name and telephone subject proposal. number of an agency official familiar SUPPLEMENTARY INFORMATION: The DATES: Comments Due Date: July 31, with the proposal and of the OMB Desk Department has submitted the proposal 2002. Office for the Department. for the collection of information, as This Notice also lists the following ADDRESSES: Interested persons are described below, to OMB for review, as information: invited to submit comments regarding required by the Paperwork Reduction this proposal. Comments should refer to Act (44 U.S.C. Chapter 35). The Notice Title of Proposal: Section 8 Random the proposal by name and/or OMB lists the following information: (1) The Digit Dialing Fair Market Rent Surveys. approval number (2528–0142) and title of the information collection OMB Approval Number: 2528–0142. should be sent to: Lauren Wittenberg, proposal; (2) the office of the agency to Form Numbers: None. OMB Desk Officer, Office of collect the information; (3) the OMB Description of the Need for the Management and Budget, Room 10235, approval number, if applicable; (4) the Information and Its Proposed Use: New Executive Office Building, description of the need for the Information collected through the Washington, DC 20503; Fax number information and its proposed use; (5) survey will augment the Consumer Price (202) 395–6974; E-mail the agency form number, if applicable; Index (CPI) data and the American _ Lauren [email protected]. (6) what members of the public will be Housing Survey (AHS) data in FOR FURTHER INFORMATION CONTACT: affected by the proposal; (7) how determining Section 8 Fair Market Rents Wayne Eddins, Reports Management frequently information submissions will (FMRs) for the Certificate and Voucher Officer, QDAM, Department of Housing be required; (8) an estimate of the total programs. and Urban Development, 451 Seventh number of hours needed to prepare the Respondents: Individuals or Street, Southwest, Washington, DC information submission including households. 20410; e-mail [email protected]; number of respondents, frequency of Frequency of Submission: On telephone (202) 708–2374. This is not a response, and hours of response; (9) occasion. toll-free number. Copies of the proposed whether the proposal is new, an Reporting Burden:
Number of Annual re- × Hours per re- respondents sponses sponse = Burden hours
46,000 ...... 1 0.249 11,454
Total Estimated Burden Hours: SUMMARY: In compliance with section against a HUD-approved mortgagee by 11,454. 202(c) of the National Housing Act, this the Department’s Mortgagee Review Status: Extension of currently document provides notice of the cause Board. In compliance with the approved collection. and description of administrative requirements of section 202(c)(5), this Authority: Section 3507 of the Paperwork actions taken by HUD’s Mortgagee document gives notice of administrative Reduction Act of 1995, 44 U.S.C. 35, as Review Board against HUD-approved actions that have been taken by the amended. mortgagees. Mortgagee Review Board from October 1, 2001 through March 31, 2002, for Dated: June 25, 2002. FOR FURTHER INFORMATION CONTACT: failure to submit the required annual Wayne Eddins, Phillip A. Murray, Director, Office of audit statement, an acceptable annual Departmental Reports Management Officer, Lender Activities and Program audited financial statement, and/or the Office of the Chief Information Officer. Compliance, Room B–133–3214 required annual recertification fee. [FR Doc. 02–16520 Filed 6–28–02; 8:45 am] L’Enfant Plaza, 451 Seventh Street, SW, BILLING CODE 4210–72–M Washington, DC 20410, telephone: (202) Title I Lenders and Title II Mortgagees 708–1515. (This is not a toll-free That Failed To Comply With HUD/FHA number.) A Telecommunications Device Requirements for the Submission of an DEPARTMENT OF HOUSING AND for Hearing and Speech-Impaired Audited Annual Financial Statement URBAN DEVELOPMENT Individuals (TTY) is available at 1–800– and/or Payment of the Annual 877–8339 (Federal Information Relay Recertification Fee Service). [Docket No. FR–4558–N–10] Action: Withdrawal of HUD/FHA SUPPLEMENTARY INFORMATION: Section Title I lender approval and Title II Mortgagee Review Board; 202(c)(5) of the National Housing Act mortgagee approval. Administrative Actions (added by section 142 of the Department Cause: Failure to submit to the AGENCY: Office of the Assistant of Housing and Urban Development Department the required annual audited Secretary for Housing-Federal Housing Reform Act of 1989, Pub. L. 101–235, financial statement, an acceptable Commissioner, HUD. approved December 15, 1989) requires annual audited financial statement, and/ that HUD publish a description of and or remit the required annual ACTION: Notice. the cause for administrative actions recertification fee.
66 TITLE I LENDERS AND LOAN CORRESPONDENTS TERMINATED BETWEEN OCTOBER 1, 2001 AND MARCH 31, 2002
Lender name City State
A S H ELITE FUNDING CORP ...... LOS ANGELES ...... CA AEGIS SECURITIZED ASSETS INC ...... MARIETTA ...... GA
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66 TITLE I LENDERS AND LOAN CORRESPONDENTS TERMINATED BETWEEN OCTOBER 1, 2001 AND MARCH 31, 2002— Continued
Lender name City State
ALAMOGORDO FEDERAL SÐL ASSN ...... ALAMOGORDO ...... NM ALL PACIFIC FINANCIAL INC ...... ENCINO ...... CA ALLIED LENDING CORPORATION ...... TUSTIN ...... CA ANCHORBANC MORTGAGE CORPORATION WEST ...... CONVINA ...... CA APEX MORTGAGE CORPORATION ...... STANTON ...... CA ARBOR LENDING CORP ...... MIAMI ...... FL BANKERS MORTGAGE GROUP ...... WOODLAND HILLS ...... CA CALIF CHARTERED GROUP FINANCIAL CORP ...... DIAMOND BAR ...... CA CAPITAL ACCEPTANCE CORPORATION ...... INDIANAPOLIS ...... IN CITYWIDE BANKS ...... AURORA ...... CO CONSORCIO LENDING INC ...... FONTANA ...... CA COOP AHY CR EMPL PUEBLO INC ...... CAROLINA ...... PR CRUSADER BANK ...... PHILADELPHIA ...... PA DARWAL CORPORATION ...... OXNARD ...... CA EAGLE FUNDING CORPORATION RANCHO ...... CORDOVA ...... CA EAST WEST FINANCIAL CORP ...... MARGATE ...... FL EXPRESS FINANCIAL CORP BOCA ...... RATON ...... FL F AND M BANK ...... WATERTOWN ...... SD FIRST CALIFORNIA LENDING SERV ...... COVINA ...... CA FIRST CHOICE LOANS INC ...... COVINA ...... CA FIRST FREEDOM FINANCIAL INC RANCHO ...... CUCAMONGA ...... CA FIRST NATIONAL BANK ...... TONKAWA ...... OK FIRST SECURITY STATE BANK ...... DETROIT LAKES ...... MN FIRST SUBURBAN CORP MTG BANKERS ...... SANTA ANA HEIGHTS ... CA FUNDING CENTRE INC ...... FAIR OAKS ...... CA GIBRALTAR SAVINGS BANK SLA ...... NEWARK ...... NJ HEARTLAND COMMUNITY BANK ...... CAMDEN ...... AR HERITAGE PLAZA MORTGAGE INC ...... STOCKTON ...... CA HILTON FINANCIAL GROUP ...... VICTORVILLE ...... CA INTERBANK FUNDING GROUP ...... SAN DIEGO ...... CA INTERSTATE MORTGAGE ALLIANCE CORP ...... RANCHO CUCAMONGA CA LAMAS LOANS INC ...... PLEASANTON ...... CA LEGEND FINANCIAL GROUP INC ...... POWAY ...... CA LENDERS SPECTRUM MORTGAGE CORP ...... LAKE ELSINORE ...... CA M AND I LAKEVIEW BANK ...... SHEBOYGAN ...... WI MAINSTREET MORTGAGE MAKERS INC ...... ROSWELL ...... GA MERIT MORTGAGE INC ...... PLANO ...... TX MORTGAGE MAX INC ...... POWAY ...... CA MORTGAGE ONE CORPORATION ...... HESPERIA ...... CA N I PACIFICA INC ...... COSTA MESA ...... CA NATIONAL EXPRESS MORTGAGE CORP ...... LA PALMA ...... CA NATIONS MORTGAGE CORPORATION ...... WINTER SPRINGS ...... FL NEWWEST MORTGAGE CO ...... DOWNEY ...... CA NTM INC ...... TURLOCK ...... CA OLYMPIAN MORTGAGE CORP ...... TAMPA ...... FL PAVON FINANCIAL CORPORATION ...... DOWNEY ...... CA PENINSULA COMMUNITY FED CU ...... SHELTON ...... WA PEOPLES BANK ...... MARION ...... KY POWER FUNDING GROUP INC ...... WILLIAMSVILLE ...... NY QUEST HOME LOANS INC ...... OXNARD ...... CA RAVENNA SAVINGS BANK ...... RAVENNA ...... OH SALIDA BUILDING AND LOAN ASSOCIATION ...... SALIDA ...... CO SEASONS MORTGAGE GROUP INC ...... RICHMOND ...... VA SECURITY SAVINGS ASSN ...... HAZELTON ...... PA SMC LENDING INC ...... TEMECULA ...... CA SOUTHERN CAPITAL RESOURCES ...... BIRMINGHAM ...... AL SOUTHERN MORTGAGE INVESTMENT CORP ...... MARIETTA ...... GA SUPERIOR BANK FSB OAKBROOK ...... TERRACE ...... IL TUCKER FEDERAL BANK ...... AUGUSTA ...... GA U S MORTGAGE AND ACCEPTANCE CORP ...... TUSTIN ...... CA ULTIMATE FUNDING CORP ...... TUSTIN ...... CA VPM FUNDING COMPANY ...... DENVER ...... CO WESTLEND FINANCING INC ...... LOS ANGELES ...... CA
94 TITLE II MORTGAGEES AND LOAN CORRESPONDENTS TERMINATED BETWEEN OCTOBER 1, 2001 AND MARCH 31, 2002
Mortgagee name City State
ACCESS FINANCIAL GROUP ...... FOUNTAIN VALLEY ...... CA ALAMOGORDO FEDERAL SAVINGS AND LN ASSN ...... ALAMOGORDO ...... NM
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94 TITLE II MORTGAGEES AND LOAN CORRESPONDENTS TERMINATED BETWEEN OCTOBER 1, 2001 AND MARCH 31, 2002—Continued
Mortgagee name City State
AMERICAN CHARTER MORTGAGE ...... DOWNEY ...... CA AMERICAN HOMEBUYING CENTER INC ...... LA PALMA ...... CA AMERIPRIDE MORTGAGE INC ...... CORAL SPRINGS ...... FL ARBOR LENDING CORP ...... MIAMI ...... FL BAYPORT MORTGAGE LP ...... LAKEWOOD ...... WA BELL MORTGAGE CORP ...... CHINO ...... CA BINH DINH TRAN ...... HUNTINGTON BEACH .... CA BLAIR MORTGAGE COMPANY INCORP ...... DANVILLE ...... CA BUILDERS MORTGAGE SERVICES LP ...... ALTAMONTE SPRINGS .. FL CALIFORNIA CHARTERED GROUP FIN ...... DIAMOND BAR ...... CA CALIFORNIA WHOLESALE LENDERS INC ...... NEW HALL ...... CA COMMERCE BANK OF AURORA ...... AURORA ...... CO COMMUNITY MORTGAGE CORP ...... HAGATNA ...... GU COUNTY BANK ...... FOREST LAKE ...... MN CRB TRUST MORTGAGE LTD ...... MIAMI ...... FL DACKO FINANCIAL INC ...... PAHRUMP ...... NV DICKINSON LOGAN TODD BARBER ...... RALEIGH ...... NC EAGLE FUNDING CORPORATION ...... RANCHO CORDOVA ...... CA EDGR FINANCIAL INC ...... OFALLON ...... MO FAMILY HOME MORTGAGE CO INC ...... DANBURY ...... CT FEDERAL MORTGAGE FUNDING INC ...... LEMON GROVE ...... CA FIDELITY FINANCIAL MORTGAGE CORP ...... NORCROSS ...... GA FINANCE PLUS REAL ESTATE ...... CHULA VISTA ...... CA FIRESIDE MORTGAGE CO ...... ENGLEWOOD ...... CO FIRST AMERICANS MORTGAGE CORP ...... OVERLAND PARK ...... KS FIRST CHOICE LOANS INC ...... COVINA ...... CA FIRST FEDERAL SAVINGS AND LOAN ...... GALION ...... OH FIRSTLINE MORTGAGE INC ...... LONG BEACH ...... CA FREESTATE MORTGAGE COMPANY INC ...... TOWSON ...... MD GENESIS MORTGAGE CORPORATION ...... EVANSTON ...... IL GLOBAL HOLDINGS II LLC ...... KIRKLAND ...... WA GRAFTON SUBURBAN CREDIT UNION ...... NORTH GRAFTON ...... MA GUARDIAN SAVINGS AND LOAN ASSOCIATION ...... HOUSTON ...... TX HARRIS-CHAMBERLAIN COMPANY ...... FORT WORTH ...... TX HILTON FINANCIAL GROUP ...... VICTORVILLE ...... CA HOME FUNDING GROUP INC ...... WALNUT ...... CA HOMEQUEST MORTGAGE CORPORATION ...... NEWPORT BEACH ...... CA HOMESTEAD SAVINGS BANK FSB ...... ALBION ...... MI HUDSON RIVER MORTGAGE CORPORATION ...... ALBANY ...... NY IAG MORTGAGE SERVICES ...... TEMPLE ...... TX INDEPENDENT ADVISORS MTG CORP ...... BLOOMINGDALE ...... IL INTERBANK FUNDING GROUP ...... SAN DIEGO ...... CA INTERNATIONAL BROTHERHOOD WKRS ...... WASHINGTON ...... DC IROQUOIS FEDERAL SAVINGS AND LOAN ASSN ...... WATSEKA ...... IL K AND R FINANCIAL INC ...... LARGO ...... FL KATY FINANCIAL SERVICES LP ...... KATY ...... TX KINGWAY CAPITAL INC ...... WESTLAKE VILLAGE ..... CA LAMAS LOANS INC ...... PLEASANTON ...... CA LAUREL SAVINGS BANK ...... ALLISON PARK ...... PA LENDERS SPECTRUM MORTGAGE ...... LAKE ELSINORE ...... CA LIBERTY FEDERAL BANK S B ...... EUGENE ...... OR LILAC CITY MORTGAGE INC ...... SPOKANE ...... WA LOANCOR INC ...... CARLSBAD ...... CA LOANGENIE-COM INC ...... IRVINE ...... CA MCA MORTGAGE CORPORATION ...... SOUTHFIELD ...... MI MEMBERS LOAN SERVICES ...... SAN DIEGO ...... CA MERIT FINANCIAL CORPORATION ...... PARSIPPANY ...... NJ MIDWEST MORTGAGE CONNECTION INC ...... LAKE IN THE HILLS ...... IL MILE HIGH MORTGAGE SERVICES LLLP ...... DENVER ...... CO MORNING STAR REAL EST AND MTG FIN CORP ...... MASSAPEQUA ...... NY MORTGAGE CLIK INC ...... ALBUQUERQUE ...... NM OLYMPIAN MORTGAGE CORPORATION ...... TAMPA ...... FL PAVON FINANCIAL CORPORATION ...... DOWNEY ...... CA PEOPLES MORTGAGE COMPANY LP ...... LAREDO ...... TX PERMANENT FEDERAL SAVINGS BANK ...... EVANSVILLE ...... IN PLUM CREEK FINANCIAL CORP ...... CASTLE ROCK ...... CO PONCE DE LEON FEDERAL SAVINGS AND LOAN ...... CORAL GABLES ...... FL PRESTAR FINANCIAL CORPORATION ...... SANTA ANA ...... CA PRIME TIME LENDING INC ...... CARLSBAD ...... CA PROGRESSIVE MORTGAGE CORP ...... ELK GROVE ...... CA ROYAL MORTGAGE PARTNERS LP ...... ORANGE ...... CA
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94 TITLE II MORTGAGEES AND LOAN CORRESPONDENTS TERMINATED BETWEEN OCTOBER 1, 2001 AND MARCH 31, 2002—Continued
Mortgagee name City State
SALCORP MORTGAGAE ...... LAGUNA HILLS ...... CA SALIDA BUILDING AND LOAN ASSOCIATION ...... SALIDA ...... CO SAMMELMAN MORTGAGE INC ...... WES COVINA ...... CA SIMPLIFIED MORTGAGE GROUP INC ...... TROY ...... MI SMC LENDING INC ...... TEMECULA ...... CA SOMMERS FINANCIAL INC ...... LONG BEACH ...... CA SOUTHERN FIRST MORTGAGE CORP ...... DURHAM ...... NC STARNET MORTGAGE ...... DALLAS ...... TX SUGAR BEACH LLC ...... MEMPHIS ...... TN SUPERIOR BANK FSB ...... OAKBROOK TERRACE .. IL TAYLOR COUNTY BANK ...... CAMPBELLSVILLE ...... KY TDC MORTGAGE CORP ...... LAS VEGAS ...... NV TRINITY MORTGAGE CO OF DALLAS ...... LAFAYETTE ...... IN ULTIMATE FUNDING CORP ...... TUSTIN ...... CA UNI-STATE FUNDING INC ...... BIG BEAR LAKE ...... CA US MORTGAGE CAPITAL INC ...... ROCKVILLE ...... MD WALDOBORO BANK FSB ...... WALDOBORO ...... ME WASHINGTON MORTGAGE INVESTMENT CORP ...... ROCKVILLE ...... MD WASHINGTON SAVINGS ASSOCIATION ...... PHILADELPHIA ...... PA WENTWORTH ENTERPRISES INC ...... FREMONT ...... CA WESTERN HILLS MORTGAGE CORP ...... GARDEN GROVE ...... CA
Dated: June 26, 2002. SUPPLEMENTARY INFORMATION: On March (Petitions for Review) to the Associate John C. Weicher, 30, 1989, the Secretary of Housing and General Counsel for Fair Housing who Assistant Secretary for Housing-Federal Urban Development delegated his retains this authority and further Housing Commissioner, Chairman, Mortgagee authority to enforce the Fair Housing redelegates it to the Assistant General Review Board. Act to the General Counsel and the Counsel for Fair Housing Enforcement. [FR Doc. 02–16515 Filed 6–28–02; 8:45 am] Deputy General Counsel (54 FR 13121). Section B. Further Redelegation of BILLING CODE 4210–27–P The General Counsel redelegated his Authority authority to his field and headquarters staff on January 12, 1990 (55 FR 1286) The Regional Counsel, the Associate DEPARTMENT OF HOUSING AND and to the Assistant Secretary for Fair General Counsel for Fair Housing, the URBAN DEVELOPMENT Housing and Equal Opportunity on Assistant General Counsel for Fair Housing Enforcement and the Assistant [Docket No. FR–4752–D–01] October 24, 1994 (59 FR 53552). In 1994, HUD amended its Fair Housing General Counsel for Fair Housing Redelegation of Fair Housing Act Act case processing regulations, 24 CFR Compliance may not redelegate the Authority from the General Counsel of 103.400, and, in 1996, promulgated authority set forth in Section A. Housing and Urban Development Consolidated HUD Hearing Procedures Section C. Delegations of Authority for Civil Rights matters, 24 CFR part Superseded and Revoked AGENCY: Office of the General Counsel, 180. The General Counsel hereby HUD. revokes the January 12, 1990, the This Delegation of Authority ACTION: Notice of redelegation of Fair October 24, 1994, and any other supersedes and revokes all redelegations Housing Act Authority. redelegations of his authority under the of the General Counsel’s authority for Fair Housing Act. Accordingly, the Fair Housing Act case processing. SUMMARY: The General Counsel of the General Counsel redelegates his Authority: Section 7(d), Department of Department of Housing and Urban authority as set forth in this notice. Housing and Urban Development Act (42 Development revokes all redelegations U.S.C. 3535(d)). of his authority from the Secretary Section A. Authority Redelegated Dated: June 3, 2002. under the Fair Housing Act and The General Counsel redelegates the Richard A. Hauser, redelegates his authority for Fair authority under the Fair Housing Act for General Counsel. Housing Act case processing to his field case processing as set forth in 24 CFR [FR Doc. 02–16516 Filed 6–28–02; 8:45 am] and headquarters staff. part 103 and 24 CFR part 180, with the BILLING CODE 4210–67–P EFFECTIVE DATE: June 3, 2002. exception of 24 CFR 180.675 (Petitions FOR FURTHER INFORMATION CONTACT: for Review), to the Associate General Harry L. Carey, Associate General Counsel for Fair Housing and to the DEPARTMENT OF THE INTERIOR Counsel for Fair Housing, Office of Regional Counsel. The Associate General Counsel, Department of General Counsel for Fair Housing Bureau of Indian Affairs Housing and Urban Development, 451 retains this authority and further 7th Street, SW., Washington, DC 20410, redelegates it to the Assistant General Final Determination To Acknowledge telephone (202) 708–0570. This is not a Counsel for Fair Housing Enforcement the Historical Eastern Pequot Tribe and the Assistant General Counsel for toll-free number. This number may be AGENCY: Bureau of Indian Affairs, Fair Housing Compliance. accessed via TTY by calling the Federal Interior. Information Relay Service at (800) 877– The General Counsel redelegates his ACTION: Notice. 8339. authority under 24 CFR 180.675
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SUMMARY: Notice is hereby given that petitioners and third parties had not strongest evidence in much of the 20th the Assistant Secretary acknowledges provided sufficient information and century that the group as a whole that the historical Eastern Pequot tribe, analysis to enable the Department to continued to have significant political represented by two petitioners, the determine whether there was only one processes which concerned issues of Eastern Pequot Indians of Connecticut tribe with political factions or two tribes great importance to the entire body of and the Paucatuck Eastern Pequot and provided that this question would Eastern Pequots. Indians of Connecticut, satisfies all be resolved after receipt of comment on This determination acknowledges the seven criteria for acknowledgment as a the proposed findings. The proposed Eastern Pequot tribe, which has existed tribe in 25 CFR 83.7. This notice covers finding stated that a specific finding continuously since first sustained the final determination concerning both concerning whether one tribe or two contact with non-Indians. The petitioners. tribes, as successors to the historical Department takes this action of DATES: This determination is final and Eastern Pequot tribe, have occupied the acknowledging two petitioners as a is effective 90 days from the date of reservation since 1973 would be made single tribe because that is what the publication of this notice, pursuant to as part of the final determination, after evidence demonstrates concerning the 25 CFR 83.10(l)(4), unless a request for receipt of comment on the proposed circumstances of these petitioners. This reconsideration is filed pursuant to 25 findings. determination does not merge two CFR 83.11. This determination is made following tribes, but determines that only a single a review of the responses to the tribe exists which is represented by two FOR FURTHER INFORMATION CONTACT: R. proposed findings on both petitioners, petitioners. Lee Fleming, Chief, Branch of the public comments on the proposed The petitioners are two organizations Acknowledgment and Research, (202) findings and the EP and PEP responses which were established in recent times 208–3592. to the public comments. This final from the membership of a single SUPPLEMENTARY INFORMATION: This determination has reviewed the historically and continuously existing notice is published in the exercise of evidence considered for the proposed state recognized tribe resident on a state authority delegated by the Secretary of findings, and evaluated that evidence in reservation which it has occupied since the Interior to the Assistant Secretary— the light of the new documentation and 1683. Although the regulations call for Indian Affairs by 209 DM 8. argument received from third parties the presentation of petitions from This notice is based on a and the petitioners. groups seeking acknowledgment as a determination that the historical Eastern This final determination concludes tribe, and for the Department to evaluate Pequot tribe, represented by two that the evidence shows the existence of those petitions, the fundamental petitioners, the Eastern Pequot Indians only a single tribe, the historical Eastern purpose of the regulations is to of Connecticut and the Paucatuck Pequot tribe, including the ancestors of acknowledge the existence of tribes. The Eastern Pequot Indians of Connecticut, both petitioners. This tribe was Secretary does not have the authority to satisfies the seven criteria for continuously recognized as a single acknowledge portions of tribes, where acknowledgment in 25 CFR 83.7. tribe by the State of Connecticut since that portion does not substantially A notice of the proposed finding to early colonial times and occupied a encompass the body of the tribe. The acknowledge the Eastern Pequot Indians single state reservation. Although there Secretary does have the authority to of Connecticut (EP) was published in are internal conflicts, and divisions recognize a single tribe in the the Federal Register on March 31, 2000, which date from as early as the circumstance where the tribe is simultaneously with a notice of the beginning of the 20th century, there is represented by more than one proposed finding to acknowledge the only one tribe within the meaning of the petitioner. Paucatuck Eastern Pequot of regulations. This final determination The State of Connecticut has since Connecticut (PEP) (65 FR 17294–17304). rejects the arguments presented by the early colonial times continuously The original 180 day comment period PEP petitioner that it was not and had recognized the Eastern Pequot as a on these proposed findings, which never historically been part of the same distinct tribe with a separate land base would have ended September 27, 2000, tribe as the families included in the provided by and maintained by the was extended at the request of the State present EP petitioner. State. The continuous State relationship of Connecticut to March 26, 2001, and The evidence in the record for the manifested itself in the distinct, non- a second extension was made at the final determinations demonstrates that citizen status of the tribe’s members request of the State until June 1, 2001. the two petitioners comprise a single until 1973. There is implicit in the The actual closing of the comment tribe and together meet the requirements relationship between the State and the period, August 2, 2001, was established for Federal acknowledgment as the historical Eastern Pequot a recognition as part of a scheduling order entered by historical Eastern Pequot tribe from first of a distinct political body, in part the Federal District Court for sustained contact with Europeans until because the relationship originates with Connecticut in Connecticut v. Dept. of the present. This final determination and derives from the Colony’s the Interior, (D. Conn. 2001) (No. 3:01– therefore acknowledges that the relationship with a distinct political CV–88–AVC). historical Eastern Pequot tribe body at the time the relationship was The proposed findings to comprising the membership of the two first established. Colony and State laws acknowledge both petitioners concluded petitioners, the EP (petitioner #35) and and policies directly reflected this that both of the petitioners before the the PEP (petitioner #113), exists as a political relationship until the early Department, the EP (petitioner #35) and tribe entitled to a government-to- 1800’s. The distinct political the PEP (petitioner #113), had derived government relationship with the underpinning of the laws is less explicit in recent times from the historical United States. from the early 1800’s until the 1970’s, Eastern Pequot tribe which had existed Although the two petitioners but the Eastern Pequot remained non- continuously since first sustained represent portions of the historical tribe citizens of the State until 1973. The contact with Europeans. However, for which have grown somewhat separate State continued the main elements of the period from 1973 to the present, socially in recent decades, this partial the earlier relationship (legislation that with regard to criteria 83.7(b) and separation resulted from political determined oversight, established and 83.7(c), the Department found that the conflicts which provided some of the protected land holdings, and exempted
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tribal lands from taxation) essentially part of that single historical community interactions which supported and was without change or substantial in the 19th century. The proposed consistent with data from interviews. questioning throughout this time period. finding for this period is affirmed. The evidence submitted in response to The historically continuous State From the assignment of Harmon the proposed findings confirmed that relationship provides additional Garrett in 1654 as governor of the the social alignment of the various evidence which exists throughout the Pequots who were removed from families antecedent to the formation of time span but is most important during Ninigret’s responsibility to the present, the current petitioners was not strictly specific periods where the other the Eastern Pequot tribe as a whole has divided in the pattern that the current evidence in the record concerning maintained a named, collective Indian petitions indicate. community and political influence identity continuously over periods of In the following period, from 1920 to would be insufficient by itself. The more than 50 years, notwithstanding 1940, there continued to be strong continuous State relationship, although changes in name (83.7(b)(1)(viii)). This evidence of community, with additional its nature varied from time to time, form of evidence is used throughout the evidence submitted. The high degree of provides additional evidence in part evaluation under criterion 83.7(b) in marriage among the Eastern Pequot and because of its continuity throughout the combination with the evidence of in culturally patterned marriages entire history of the Eastern Pequot community analyzed for each period between other Indians in the region tribe. The continuous State relationship from colonial times until the present. provided strong evidence of community with a reservation is not evidence The proposed findings concluded that in this period. Additional evidence was sufficient in itself to meet the criteria evidence demonstrated that the Eastern submitted to demonstrate visiting and is not a substitute for direct Pequot existed as a tribe for the period patterns among the Sebastians during evidence at a given point in time or over between 1873 and 1920 and had this time period, which confirms the a period of time. Instead this demonstrated community for that existence of social cohesion among that longstanding State relationship and period. Significant new evidence was portion of the Eastern Pequot tribe. A reservation are additional evidence submitted for the final determination to review of documentary and interview which, when added to the existing affirm this conclusion. The new data evidence also clearly indicates social evidence, demonstrates that the criteria included a better copy of a June 26, ties between the Sebastians and other are met at specific periods in time. 1873, petition in which the ‘‘members of major family lines, the Jacksons and the Criterion 83.7(a): External the Pequot tribe of Indians of North Fagins/Randall lines, during this period. identifications by the State of Stonington’’ remonstrated against sale of Substantial additional evidence Connecticut and others have identified lands and requested removal of Leonard concerning Fourth Sunday meetings, a single Eastern Pequot tribe from 1900 C. Williams as overseer. The list of prayer and social gatherings, was until the present. There are no signers shows a connection between submitted in response to the proposed identifications of a separate EP or PEP Tamar (Brushell) Sebastian and her findings. This evidence demonstrated entity until the creation of the now- children and other members of the that the meetings occurred regularly and existing organizations during the 1970’s. historical Eastern Pequot tribe. involved a cross section of the Eastern Before 1973, the antecedents of the Additional overseers’ reports were Pequot tribe. The Fourth Sunday current petitioners were mentioned, if submitted which further filled in the meetings were held from the mid 1910’s they were distinguished at all, as time span from the 1880’s through the through at least the later 1930’s. They subgroups, with conflicts, within the early 20th century with evidence that are probably a continuance of religious Eastern Pequot tribe. Since the 1973– there was a distinct Eastern Pequot meetings of a similar character which 1976 period, the majority of external community and that this included the had been held for some time previously, identifications, particularly by the State antecedent families of both petitioners. organized by leader Calvin Williams of Connecticut, have continued to be This final determination affirms the who died in 1913. Although these identifications of a single Eastern conclusions of the proposed finding that meetings were not strictly limited to Pequot tribe, with internal conflicts. there was a high degree of marriage Eastern Pequot tribal members, they Therefore the historical Eastern Pequot among the Eastern Pequot and in were essentially meetings of Eastern tribe, comprising both petitioners, meets culturally patterned marriages of Pequot, and Western Pequot and the requirements of criterion 83.7(a). Eastern Pequots with Narragansetts, Narragansett to whom they were related Criterion 83.7(b): The proposed Western Pequots, and other local or otherwise socially affiliated. The finding concluded that the historical Indians during this time period, which Eastern Pequots who attended included Eastern Pequot tribe met criterion provided substantial evidence of Sebastians, Randalls, and to some extent 83.7(b) from the colonial period through community. The resulting kinship ties Jacksons, though by all evidence not the 1873. No significant new evidence or linked all of the component family lines other major family line, the Gardners. arguments were submitted in regard to which are represented in the current Thus, the proposed finding’s conclusion the nature of the historical Eastern membership today. Additional data that Fourth Sunday meetings were Pequot community in the colonial submitted in response to the proposed evidence of community is affirmed. period or from the era of the American finding confirmed the conclusion that Community from 1940 to 1973 is revolution into the third quarter of the the geographical concentration of the demonstrated more strongly than for the 19th century. Throughout this time membership during this time period proposed findings because of the period there remained a reservation was close enough to facilitate social submission of new evidence. There was community with a majority of the tribal interaction. a strong demonstration of social members resident in it, if not Substantial evidence showing cohesion among the families antecedent continuously, at least regularly, with the patterns of social association within the to the EP petitioner because substantial remainder of the group maintaining Eastern Pequot was presented in new new data was presented which contact. Such evidence is sufficient analyses submitted in response to the demonstrates visiting patterns and small under § 83.7(b)(2)(i). There is additional proposed finding. New evidence in the scale gatherings which crossed family evidence, specifically petitions and form of data from personal journals was sublines. Interview and documentary overseers’ reports, that the direct submitted which provided data demonstrate that social interaction antecedents of both petitioners were a contemporary data concerning social occurred between the 1920’s and on into
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the 1960’s which drew in and occurred evidence of more direct evidence of maintained a distinct social community between residents of the reservation and social connections. This determination within which significant social ties those within the orbit defined by New also concludes that the evidence of existed historically since first sustained London, Norwich, Mystic and Westerly control and allocation of the Lantern contact with non-Indians and which has around the Lantern Hill reservation, Hill reservation resources by the EP and continued through the present. These with substantial long term connections the PEP organizations among their ties within the membership encompass with Hartford and Providence. respective memberships is evidence for the members of both petitioning groups, The main antecedent family of the the existence of political processes and even after the development of their PEP petitioner, the Gardners, was a very therefore strong supporting evidence for separate formal organizations. The small social unit during this time the existence of community. The PEP historical Eastern Pequot tribe, period, and closely related enough to membership is small and fairly closely comprising both current petitioners, assume social cohesion among them, In related, with 90 percent drawn from the meets the requirements of criterion addition, gatherings among the two Gardner family sublines. There is 83.7(b). Gardners, organized by Atwood I. direct evidence that kinship relations Criterion 83.7(c): The proposed Williams, Sr., and Helen LeGault, were are recognized within and between its findings’ conclusion that the historical also shown for this small kinship group. two main subdivisions, the Gardner/ Eastern Pequot tribe, which included In the 1970’s, because there was still Edwards and the Gardner/Williams. The the antecedents of both current a body of adult Jacksons in the tribe, present geographic pattern of residence petitioners, met criterion 83.7(c) from there was not the same separation of the PEP portion of the Eastern Pequot, the colonial period through 1873 is within the Eastern Pequot tribe that the the Gardner family lines, is close affirmed. No significant new evidence present division into two petitioners enough that significant social or arguments in regard to this early suggests. The Jackson line, as it had interaction is feasible but is not so period was presented for the final since at least the early 1900’s, played concentrated as to provide supporting determination by either petitioner or by the role of bridge or connector between evidence of community in itself. The the third parties. the two lines that today are numerically interview evidence for the proposed Political influence from 1873 to 1920 predominant in the two petitioners, the finding indicated that there were social was shown in part by a sequence of Sebastians (for EP) and Gardners (for contacts maintained between the most Eastern Pequot petitions from June 1873 PEP). The evidence reviewed for this socially connected portion of the PEP through 1883 which were presented to final determination demonstrated membership and those living at a the Superior Court by the ‘‘members of substantial social links between the distance. PEP also presented an analysis the Pequot tribe of Indians of North Sebastians and the Jacksons, and for the of relationships within the overall Stonington.’’ In petitions in 1874 and Jacksons with the Gardners continuing Gardner line, based on defining a core 1883, the Gardner and Jackson families from the beginning of the 20th century social group with which approximately (antecedent to PEP) appear in common into the 1970’s, indicating one 90 percent had demonstrable close with Calvin Williams and the members community. kinship ties and/or social contacts. This of the Fagins/Randall and Fagins/ Better and more detailed geographical analysis was generally consistent with Watson families (antecedent to EP), data on residence patterns confirmed available interview information about signing the same document for the same the patterns identified in the proposed social contacts. purpose. The Sebastians appear in finding as providing supporting Because the political processes of the another petition in this decade, together evidence for community among the EP entire Eastern Pequot bridge the two with the Jacksons and Fagins/Randalls and PEP memberships individually and petitioning groups in that their crucial and Fagins/Watsons. thus for the Eastern Pequot as a whole. focus is on controlling and maintaining The proposed finding noted that there Additional evidence for community access rights to a single historical was no clear evidence of political before 1973 is found in the political reservation established for a single processes or leadership between 1880 events of the subsequent decade. These historical tribe, this final determination and 1920, although the evidence of events, in reaction to the formation of concludes that there is one group community was strong enough to be the Connecticut Indian Affairs encompassing both current petitioners. good supporting evidence. New Commission (CIAC) and changes in The evidence presented is sufficient to evidence submitted for the final Connecticut policies beginning in 1973, meet the requirements for determination shows that during the provide substantial evidence that demonstrating social community from first decade of the 20th century Calvin community existed before that time. The 1973 to the present, even though, from Williams functioned as a leader who social connections, social distinctions, 1973 to the present, the petitioners have was dealt with by the overseer, and political issues, shown by events developed into increasingly separate represented the Eastern Pequots to the from 1973 through 1983, are of a social segments. Each of the major overseer, and consulted with the strength and character that indicate they segments, EP and PEP, has significant membership on decisions. Supporting were already in existence before that internal social cohesion. The segments evidence of his leadership came from an time. are united by the overall political analysis of kinship patterns which From 1973 to the present, the processes, even when these are showed that Williams was related by evidence as presented to the Department illustrated primarily by political marriage and through collateral links to by the two petitioners reflects increasing disagreements over the Lantern Hill many of the Eastern Pequot families. polarization of social ties. However, the reservation. There is no requirement in The strong character of the overall picture demonstrated by the the regulations that social relationships community, especially based on evidence is that there continues to be be distributed uniformly throughout a intermarriage ties, provides strong one tribe, albeit now with two community nor that they be amicable. supporting evidence for the existence of demarcated subgroups. Rather, community is to be interpreted significant political processes during the The geographic pattern of residence in accord with the history and culture period from 1913 to 1940. past and present among the EP of a particular group (25 CFR 83.1). Atwood I. Williams, Sr. was the state- petitioner’s portion of the tribe is The evidence demonstrates that the recognized leader for all of the Eastern sufficiently close to be supporting historical Eastern Pequot tribe Pequots from 1933 until his death in
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1955. There is limited evidence, from ‘‘detribalize’’ Connecticut’s Indians. them, provides some evidence to documents and interviews, that he was This group was led by Catherine demonstrate political influence. The elected, by a portion of the membership (Sebastian) Carpenter Harris and activities of Helen LeGault provide part at least, and that the State took notice included Jacksons as well as Sebastians. of the thread connecting the 1970’s and of this election. Even though Williams The evidence is not entirely clear the immediately preceding period. took a stance against the membership of whether the frequent actions by Helen There is no question that social the Brushell/Sebastian portion of the LeGault (a Gardner) in complaining to community, in part defined by Eastern Pequots, he was recognized by the State authorities about the presence significant social divisions based on and dealt with by the State as leader of and activities of the Sebastians on the family lines and disputes with the entire group. He continued to be reservation during the 1950’s and considerable historical depth, existed consulted by State representatives of the 1960’s, and her appearance as a witness throughout the period from 1940 to Park and Forest Commission, which at in 1961 State legislative hearings to seek 1973. that point had responsibility for dealing amendments which would have limited The continuous state relationship with the Connecticut tribes, on matters their residence, represented only her with the Eastern Pequot as an Indian concerning the tribe and its reservation opinions or also those of a body of tribe and continuing existence of the through the late 1930’s. public opinion among a portion of the Lantern Hill reservation with tribal For the time period between 1913 and Eastern Pequots. There is good evidence members resident on it under state 1940, particularly from 1913 to 1929, that she had the support of the Gardner/ supervision is additional evidence between the death of Calvin Williams Edwards portion of the Gardners and which, in combination with the other and the appearance of Atwood I. there is some interview evidence to evidence, demonstrates continuity of Williams, Sr., as an influential leader, indicate that her opinions exerted political processes throughout the the continuous State relationship with influence on the other portion of the period, from 1940 to 1973, in which the Eastern Pequot as an Indian tribe Gardners, among the children of the late there is not otherwise sufficient positive provides additional evidence which, in Atwood I. Williams (the Gardner/ evidence, but in which positive combination with the limited direct Jackson subline). There is also some evidence does exist. evidence, demonstrates continuity of evidence of opposition to her by both The political events of the 1970’s political processes throughout periods Jacksons and Sebastians, evidence clearly demonstrate that a single Eastern in which there is not sufficient positive which shows political processes. Pequot tribe with political processes evidence by itself, but in which positive This final determination does not find existed. In the conflict from 1973 evidence exists. That evidence includes sufficient evidence to support the EP onward, three different subgroups the role of Tamar Emeline (Sebastian) and PEP proposed findings’ conclusion sought to obtain official approval as Swan Williams, the widow of Calvin that Alden Wilson, Roy Sebastian, Sr., representing the Eastern Pequot tribe, or Williams. Although this final Arthur Sebastian, Jr., Catherine Harris, as being the Eastern Pequot tribe. determination does not affirm the and Atwood Williams, Jr., taken singly, However, the alignments were not proposed finding’s conclusion that she were informal leaders of various strictly along family lines, since the was an informal political leader for the portions of the Eastern Pequot tribe Jacksons had the support of Alton EP antecedent families, the evidence between 1940 and 1973. Neither is there Smith, a leading Sebastian. At the same supports a conclusion that she was a clear indication that during this period time, the conflicts of this period were a social leader whose religious activities Paul Spellman of the Hoxie/Jackson line continuation of the distinctions and were well-known and that these served as an informal leader as asserted political issues that structured the tribe activities, especially hosting the Fourth by PEP, although he was well known to before 1973. Sunday meetings, provided a focal point outsiders and there is documentation of Because there was still a body of adult for the tribe’s members to interact with some limited communication between Jacksons in the tribe in the 1970’s, there one another (see criterion 83.7(b)). The him and the State in regard to the was not then the same separation that few pieces of evidence that might management of the Lantern Hill appears today. Instead, since this line directly indicate the exercise of political reservation. played a bridge or connecting role influence on her part are not present in The political events of the subsequent between the two lines that today are sufficient numbers to show that this was era, from 1973 through the early 1980’s, numerically predominant in the two the case. provide substantial evidence that petitioners (Sebastian for EP and The evidence for political influence political processes and community Gardner for PEP), and had done so since between 1940 and 1973 includes the existed before that time. The form the at least the early 1900’s, their presence continuance of Atwood Williams, Sr., as political processes took in response to demonstrates that there was a single the state-recognized leader for all of the the State’s legal and policy changes and political field in the 1970’s within Eastern Pequots until his death in 1955, the intensity of actions in response to which the conflict was played out, although there was no documentation of these changes indicate preexisting rather than a conflict between two his activity between 1941 and 1947. political issues and opinions as well as completely separate groups. It was not Even though Williams took a position preexisting social connections, until 1989 that PEP asked the Jacksons against a portion of the Eastern Pequots, distinctions, and alignments. Rather to join them. The recentness of this he was recognized by and dealt with by than being newly created, they indicate request indicates that the alignments the State as leader of the entire tribe. preexisting community and political among the Eastern Pequot subgroups Although State implementation of his processes. were still being adjusted in 1989. At the status was inconsistent and varied, it For this time period, and particularly same time, the Sebastians initially existed throughout the time span from from 1955 to the early 1970’s, compiled presented themselves as representing 1933 to 1955. together, the whole complex of the interests of part of a tribe, the Additional evidence of political individual leaders’ activities, sometimes descendants of Tamar (Brushell) processes in this period is provided by formal, sometimes informal, coming Sebastian, which was being threatened a 1953 expedition of Eastern Pequots, from the antecedent family lines of both by the activities of Helen LeGault’s mainly Lantern Hill reservation petitioners, with fluctuating alliances of Authentic Eastern Pequots organization residents, to Hartford to oppose a bill to the different family lines supporting in regard to CIAC representation, rather
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than as a separate tribe. In the late membership. Each petitioner has shown The Eastern Pequot tribe, comprising 1970’s, the antecedents of the two political involvement, beyond mere both petitioners, demonstrates political current organizations were in fact attendance at meetings, by a substantial processes in which the same political organizations of two of the family lines portion of its adult membership, both by issues and conflicts that occurred earlier of the Eastern Pequot tribe (Gardner and percentage and by distribution across continue today. In this context, the Sebastian)—neither the Hoxie/Jacksons family sublines, throughout the entire evidence for each petitioner, in who were not also Gardner descendants time period from 1973 to the present. combination, demonstrates that only a nor the Fagins descendants were The importance of reservation access single tribe, a tribe with significant initially included in either one. The and residency rights to the membership political processes, exists today, Sebastians in particular viewed the of both EP and PEP is supported by the notwithstanding the present initial conflict as one in which they history of visiting with reservation organization of those processes into two needed to have their own family’s residents and association with the distinct segments. One petitioner, the interests represented—demonstrating reservation which was widespread EP, has supported the creation of a that the conflict was one of interest among the non-resident Eastern Pequots single tribal organization encompassing groups within a particular political (both EP and PEP) past and present and the membership of both. The PEP from system. is not limited to a small group of time to time has negotiated with the EP The events of the 1970’s which led to reservation residents. These are issues on this issue, manifesting an internal the formation of the two organizations of importance because they involve the division of political opinion within its demonstrate a high level of political loss or potential loss of significant own membership as to whether PEP processes within the tribe which resources, membership, and access to should organize together with the EP as involved the main kinship segments, the the reservation, which are current for a single tribe. Sebastians, Jacksons and Gardner/ the membership. There is more than The continuous historical State Edwards. The events reflect the on- sufficient evidence of visiting the recognition and relationship are based going political issues of access to and reservation, residence there by close on the existence of a single Eastern control of the reservation lands and the relatives, hunting, and social gatherings Pequot tribe, resident on a single land internal dispute over the legitimacy of on the reservation in the lifetimes of the base which the tribe has occupied since the Sebastians as members. The present membership to conclude these colonial times and continues to occupy formation of the CIAC and the are political issues of importance. jointly. These facts provide added beginnings of transfer of power over the In addition, the EP council has evidence that the petitioners meet the reservation to the Eastern Pequot tribe exercised effective control over much of regulations as a single political body, triggered this high level of political the reservation, regulating residence and notwithstanding current divisions and conflict because it provided an land use, from the early 1980’s to the organization. opportunity, not previously existent, for present. This function was exercised The Eastern Pequot have existed as a one of the contending Eastern Pequot regularly and consistently, and was distinct community within which subgroups to seek to obtain designation followed by the membership. There was political influence has been exercised as the Eastern Pequot tribe or status as evidence of political communication since first sustained contact with the Eastern Pequot tribe’s sole because of regular membership meetings Europeans. The historical Eastern representative. These events mobilized which voted on key issues, rather such Pequot tribe, comprising both current large portions of the relatively small issues being simply voted on by the petitioners, meets the requirements of number of adult individuals then alive. council group itself, although there was criterion 83.7(c). The events were clearly a contest for not strong evidence about Criterion 83.7(d): Each petitioner met power, resting on the preexisting social communication from membership to the the requirements for criterion 83.7(d) context and conflicts, and by definition leadership except for the past several separately by submitting a governing show political process. years. This is supporting evidence for document which described its Both EP and PEP, in the modern political influence. membership eligibility provisions. period since 1973, demonstrate In the PEP, political processes were Given the present division into two substantial political processes within shown by dealing with the issues of organizations, the historical Eastern their own membership. Each deals with importance to the membership—the Pequot tribe does not presently have an the same issues—control over portions same issues as in EP to a considerable overarching governing document, of the reservation and whether the extent, and also the issue of whether the although all members are covered by the Sebastians are part of the tribe. These two organizations should merge. There two documents presented. The issues have existed as an unbroken were also internal conflicts over other presentation of two governing continuity from at least as early as the issues, specifically the method of documents is sufficient to meet the 1920’s, a point in time for which there governance, which mobilized political requirements of this section of the is strong evidence for the existence of a support and opposition along the lines regulations to submit copies of the single community. The division into of family subdivisions. The PEP governing documents of the group. The two political organizations is a recent organization also controls and allocates historical Eastern Pequot tribe meets the development, and the evidence a portion of the reservation land, on a requirements of criterion 83.7(d). demonstrates a single political entity more limited basis than EP, among its Criterion 83.7(e): The proposed with strong internal divisions. The membership. findings examined the evidence and alignment in its present form, which did Each petitioner has controlled concluded, on the basis of evidence not exist in the 1970’s, represents the allocation of reservation resources, acceptable to the Secretary, that the results of a historical political process among their respective memberships. Brushell/Sebastian, Fagins/Watson, which is not now complete. This allocation is not sufficient Hoxie/Jackson, and Gardner lines The EP as a separate organization and evidence of political processes in itself descend from the historical Eastern PEP as a separate organization each under § 83.7(c)(2)(i), because the Pequot tribe within the meaning of the demonstrates substantial political processes are parallel rather than a regulations. The EP proposed finding processes through dealing with political single process, but is strong evidence of did not examine the evidence in regard issues of importance to its own political processes. to the Fagins/Randall line. The EP
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identified such descendants on its Assistant Secretary’s determination in Description Date revised membership list submitted for the Federal Register (83.11(a)(2)). the final determination. Examination of Dated: June 24, 2002. NI10Ð09 Santa Rosa Is- 01ÐJUNÐ2001 land. the evidence in regard to Abby (Fagins) Neal A. McCaleb, Randall and her sons leads to the NI10Ð10 (Unnamed) ...... 13ÐMARÐ1997 Assistant Secretary—Indian Affairs. conclusion that on the basis of evidence NI10Ð11 (Unnamed) ...... 13ÐMARÐ1997 NI10Ð12 Patton Ridge ... 13ÐMARÐ1997 acceptable to the Secretary, the [FR Doc. 02–16625 Filed 6–28–02; 8:45 am] BILLING CODE 4310–02–P NI11Ð04 Los Angeles .... 01ÐJUNÐ2001 members of this family line descend NI11Ð07 Long Beach ..... 01ÐJUNÐ2001 from the historical Eastern Pequot tribe NI11Ð08 Santa Ana ...... 01ÐJUNÐ2001 within the meaning of the regulations. DEPARTMENT OF THE INTERIOR NI11Ð10 San Clemente 01ÐJUNÐ2001 Therefore, this final determination Island. concludes that all the current members Minerals Management Service (MMS) NI11Ð11 San Diego ...... 01ÐJUNÐ2001 of both petitioners descend from the NJ09Ð02 (Unnamed) ...... 13ÐMARÐ1997 historical Eastern Pequot tribe. The Outer Continental Shelf Official NJ09Ð03 Delgada Fan ... 13ÐMARÐ1997 historical Eastern Pequot tribe, NJ09Ð05 Pioneer Es- 13ÐMARÐ1997 Protraction Diagrams carpment. comprising the membership of both AGENCY: Minerals Management Service, NJ09Ð06 Pioneer Ridge 13ÐMARÐ1997 petitioners, meets criterion 83.7(e). NJ09Ð09 (Unnamed) ...... 13ÐMARÐ1997 Criterion 83.7(f): The final Interior. NJ09Ð12 (Unnamed) ...... 13ÐAUGÐ1997 determination affirms the proposed ACTION: Status of Outer Continental NJ10Ð01 Noyo Canyon .. 01ÐJUNÐ2001 findings’ conclusions that a Shelf Official Protraction Diagrams NJ10Ð02 Ukiah ...... 01ÐJUNÐ2001 predominant portion of neither (OPDs). NJ10Ð04 Arena Canyon 13ÐMARÐ1997 petitioner’s members were enrolled with NJ10Ð05 Santa Rosa ..... 01ÐJUNÐ2001 any federally acknowledged tribe. The SUMMARY: Notice is hereby given that NJ10Ð07 Bodega Can- 13ÐMARÐ1997 same conclusion is applicable to the effective with this publication, the yon. following North American Datum of NJ10Ð08 San Francisco 01ÐJUNÐ2001 Eastern Pequot tribe as a whole. NJ10Ð10 Taney Sea- 13ÐMARÐ1997 Therefore, the historical Eastern Pequot 1983 (NAD 83)-based Outer Continental Shelf OPDs last revised on the date mount. tribe meets criterion 83.7(f). NJ10Ð11 Santa Cruz ..... 01ÐJUNÐ2001 Criterion 83.7(g): This final indicated, are on file and available for NJ10Ð12 Monterey ...... 01ÐJUNÐ2001 determination affirms the proposed information only in the Pacific OCS NK09Ð02 Cascadia Gap 13ÐMARÐ1997 findings’ conclusion that neither Regional Office, Camarillo, California. NK09Ð03 Heceta Bank .. 13ÐMARÐ1997 petitioner had been the subject of In accordance with Title 43, Code of NK09Ð05 President 13ÐMARÐ1997 legislation terminating a Federal Federal Regulations, these diagrams are Jackson Seamount. relationship. The same conclusion is the basic record for the description of NK09Ð06 Blanco Saddle 13ÐMARÐ1997 NK09Ð08 Klamath Ridge 13ÐMARÐ1997 applicable to the Eastern Pequot tribe as mineral and oil and gas leases in the geographic areas they represent. NK09Ð09 Escanaba 13ÐMARÐ1997 a whole. Therefore, the historical Ridge. Eastern Pequot tribe meets criterion FOR FURTHER INFORMATION CONTACT: NK09Ð11 Steel Vendor 13ÐMARÐ1997 83.7(g). Copies of these OPDs may be purchased Seamount. The historical Eastern Pequot tribe, for $2.00 each from the Public NK09Ð12 Escanaba 13ÐMARÐ1997 represented by two petitioners, EP and Information Unit, Information Services Trough. PEP, meets all of the criteria for Federal Section, Pacific OCS Region, Minerals NK10Ð01 Coos Bay ...... 31ÐJULÐ1998 acknowledgment as a tribe stated in 25 Management Service, 770 Paseo NK10Ð02 Roseburg ...... 31ÐJULÐ1998 NK10Ð04 Cape Blanco .. 01ÐJUNÐ2001 CFR § 83.7 and therefore meets the Camarillo, Camarillo, California 93010, NK10Ð07 Crescent City 01ÐJUNÐ2001 requirements to be acknowledged as Telephone (800) 672–2627. NK10Ð08 Weed ...... 01ÐJUNÐ2001 tribe with a government-to-government SUPPLEMENTARY INFORMATION: In NK10Ð10 Eureka ...... 01ÐJUNÐ2001 relationship with the United States. addition, OPDs may be obtained in two NK10Ð11 Redding ...... 01ÐJUNÐ2001 Because this final determination digital formats: .gra files for use in ARC/ NL09Ð02 Nitinat Fan ...... 31ÐJULÐ1998 recognizes a single historical tribe INFO and .pdf files for viewing and NL09Ð03 Cascadia 31ÐJULÐ1998 represented by two petitioners, the printing in Acrobat. Copies are also Basin. NL09Ð05 Thompson 31ÐJULÐ1998 Assistant Secretary will deal with both available for download at: http:// petitioners in the process of developing Seamount. www.mms.gov/ld/leasing.htm. NL09Ð06 Astoria Canyon 13ÐMARÐ1997 a governing document for the historical NL09Ð08 Vance Sea- 13ÐMARÐ1997 Eastern Pequot tribe. Pursuant to 25 CFR Description Date mount. 83.12(b), the base roll for determining NL09Ð09 Astoria Fan ..... 13ÐMARÐ1997 future membership of the tribe shall NH10Ð02 (Unnamed) ..... 13ÐMARÐ1997 NL09Ð11 Parks Sea- 13ÐMARÐ1997 consist of the combined membership NH10Ð03 Velero Basin .. 13ÐMARÐ1997 mount. NH10Ð05 Jasper Sea- 31ÐJULÐ1998 NL09Ð12 Daisy Bank ..... 13ÐMARÐ1997 lists of the two petitioners submitted for mount. these final determinations. NL10Ð01 Copalis Beach 31ÐJULÐ1998 NH10Ð06 Westfall Sea- 31ÐJULÐ1998 West. This determination is final and will mount. become effective 90 days from the date NL10Ð02 Seattle ...... 31ÐJULÐ1998 NH11Ð01 Bushnell Knoll 01ÐJUNÐ2001 NL10Ð04 Cape Dis- 31ÐJULÐ1998 of publication, unless a request for NH11Ð04 The Rampart .. 01ÐJUNÐ2001 appointment West. reconsideration is filed pursuant to 25 NI09Ð03 (Unnamed) ...... 13ÐMARÐ1997 NL10Ð05 Hoquiam ...... 31ÐJULÐ1998 CFR 83.11. The petitioners or any NI10Ð01 Monterey Fan .. 13ÐMARÐ1997 NL10Ð07 Tillamook 13ÐMARÐ1997 interested party may file a request for NI10Ð02 Sur Canyon ..... 13ÐMARÐ1997 Seachannel. reconsideration of this determination NI10Ð03 San Luis 01ÐJUNÐ2001 NL10Ð08 Vancouver ...... 31ÐJULÐ1998 Obispo. with the Interior Board of Indian NL10Ð10 Newport Valley 31ÐJULÐ1998 NI10Ð04 (Unnamed) ...... 13ÐMARÐ1997 NL10Ð11 Salem ...... 31ÐJULÐ1998 Appeals (83.11(a)(1)). A petitioner’s or NI10Ð05 Arguello Fan .... 13ÐMARÐ1997 interested party’s request must be NM09Ð08 Barkley Can- 31ÐJULÐ1998 NI10Ð06 Santa Maria ..... 01ÐJUNÐ2001 yon. received no later than 90 days after NI10Ð07 (Unnamed) ...... 13ÐMARÐ1997 NM10Ð07 Cape Flattery 31ÐJULÐ1998 publication of this notice of the NI10Ð08 (Unnamed) ...... 13ÐMARÐ1997
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Dated: June 11, 2002. SUPPLEMENTARY INFORMATION: The maintaining, and disclosing inspection Thomas A. Readinger, Commission instituted this investigation records for cranes and ropes, as well as Associate Director for Offshore Minerals on July 19, 2001, based on a complaint disclosing written reports of rated load Management. filed by the Chamberlain Group, Inc. of tests. The purpose of each of these [FR Doc. 02–16448 Filed 6–28–02; 8:45 am] Elmhurst, Illinois (‘‘Chamberlain’’) requirements is to prevent employees BILLING CODE 4310–MR–P against six respondents, 66 FR 37704 from using unsafe cranes and ropes, (July 19, 2001). Two respondents and an thereby reducing their risk of death or intervenor were subsequently added to serious injury caused by a crane or rope INTERNATIONAL TRADE the investigation. The complaint alleged failure during material handling. COMMISSION violations of section 337 of the Tariff DATES: Submit written comments on or Act of 1930 in the importation into the before August 30, 2002. [Inv. No. 337–TA–459] United States, the sale for importation, ADDRESSES: Submit written comments and the sale within the United States In the Matter of Certain Garage Door to the Docket Office, Docket No. ICR– after importation of certain garage door Operators Including Components 1218–0221 (2002), OSHA, U.S. operators including components thereof Thereof; Notice of Commission Department of Labor, Room N–2625, by reason of infringement of claims 1– Determination not to Review an Initial 200 Constitution Avenue, NW., 8 of U.S. Letters Patent Re. 35,364 and Determination Terminating the Washington, DC 20210; telephone (202) claims 5–30 of U.S. Letters Patent Re. Investigation as to the Last Three 693–2350. Commenters may transmit 36,703. On February 6, 2002, Respondents on the Basis of written comments on 10 pages or less by complainant Chamberlain filed a motion Withdrawal of the Complaint; facsimile to (202) 693–1648. to terminate the investigation as to Termination of the Investigation FOR FURTHER INFORMATION CONTACT: respondents Lynx Industries, Inc., Theda Kenney, Directorate of Safety AGENCY: International Trade Napoleon Spring Works, Inc., and Standards Programs, OSHA, U.S. Commission. Guardian Access Corp. on the basis of Department of Labor, Room N–3609, ACTION: Notice. withdrawal of the complaint. The 200 Constitution Avenue, NW., Commission investigative attorney Washington, DC 20210; telephone (202) SUMMARY: Notice is hereby given that supported the joint motion and the three 693–2044. A copy of the Agency’s the U.S. International Trade respondents opposed it. On June 5, Information-Collection Request (ICR) Commission has determined not to 2002, the ALJ issued an ID (Order No. supporting the need for the information review an initial determination (‘‘ID’’) 18) granting the motion. collections specified by the Crawler, (Order No. 18) issued by the presiding No petitions for review of the ID were Locomotive, and Truck Cranes Standard administrative law judge (‘‘ALJ’’) filed. This action is taken under the is available for inspection and copying terminating the above-captioned authority of section 337 of the Tariff Act in the Docket Office, or by requesting a investigation as to respondents Lynx of 1930, 19 U.S.C. 1337, and section copy from Todd Owens at (202) 693– Industries, Inc., Napoleon Spring 210.42 of the Commission’s Rules of 2444. For electronic copies of the ICR Works, Inc., and Guardian Access Corp. Practice and Procedure, 19 CFR 210.42. contact OSHA on the Internet at http:/ on the basis of withdrawal of the By order of the Commission. /www.osha.gov/comp-links.html, and complaint. Since these three Issued: June 25, 2002. select ‘‘Information Collection respondents are the only respondents Requests.’’ remaining in the investigation, their Marilyn R. Abbott, termination terminates the Secretary to the Commission. SUPPLEMENTARY INFORMATION: investigation. [FR Doc. 02–16475 Filed 6–28–02; 8:45 am] I. Background BILLING CODE 7020–02–P FOR FURTHER INFORMATION CONTACT: Tim The Department of Labor, as part of its Yaworski, Esq., Office of the General continuing effort to reduce paperwork Counsel, U.S. International Trade DEPARTMENT OF LABOR and respondent (i.e., employer) burden, Commission, 500 E Street, SW., conducts a preclearance consultation Washington, DC 20436, telephone 202– Occupational Safety and Health program to provide the public with an 205–3096. Copies of all nonconfidential Administration opportunity to comment on proposed documents filed in connection with this and continuing information-collection investigation are or will be available for [Docket No. ICR–1218–0221 (2002)] requirements in accordance with the inspection during official business Paperwork Reduction Act of 1995 Crawler, Locomotive, and Truck hours (8:45 a.m. to 5:15 p.m.) In the (PRA–95) (44 U.S.C. 3506(c)(2)(A)). This Cranes Standard; Extension of the Office of the Secretary, U.S. program ensures that information is in Office of Management and Budget’s International Trade Commission, 500 E the desired format, reporting burden (OMB) Approval of Information- Street, SW., Washington, DC 20436, (time and cost) is minimal, collection Collection (Paperwork) Requirements telephone 202–205–2000. General instruments are understandable, and information concerning the Commission AGENCY: Occupational Safety and Health OSHA’s estimate of the information- may also be obtained by accessing its Administration (OSHA), Labor. collection burden is correct. Internet server (http://www.usitc.gov). ACTION: Request for comment. The Crawler, Locomotive, and Truck The public record for this investigation Cranes Standard (i.e., ‘‘the Standard’’) may be viewed on the Commission’s SUMMARY: OSHA solicits comment specifies several paperwork electronic docket (EDIS–ON–LINE) at concerning its proposal to extend OMB requirements. The following sections http://dockets.usitc.gov/eol.public. approval of the information-collection describe who uses the information Hearing-impaired persons are advised requirements specified by its Crawler, collected under each requirement, as that information on this matter can be Locomotive, and Truck Cranes Standard well as how they use it. obtained by contacting the (29 CFR 1910.180). The paperwork • Inspection Records (paragraph Commission’s TDD terminal on 202– provisions of this Standard specify (d)(6)). This paragraph specifies that 205–1810. requirements for developing, employers must prepare a written
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record to certify that the monthly II. Special Issues for Comment (44 U.S.C. 3506), and Secretary of inspection of critical items in use on OSHA has a particular interest in Labor’s Order No. 3–2000 (65 FR cranes (such as brakes, crane hooks, and comments on the following issues: 50017). ropes) was performed. The certification • Whether the proposed information- Signed at Washington, DC on June 25, record must include the inspection date, collection requirements are necessary 2002. the signature of the person who for the proper performance of the John L. Henshaw, conducted the inspection, and the serial Agency’s functions, including whether Assistant Secretary of Labor. number (or other identifier) of the the information is useful; [FR Doc. 02–16469 Filed 6–28–02; 8:45 am] inspected crane. Employers must keep • The accuracy of OSHA’s estimate of BILLING CODE 4510–26–M the certificate readily available. The the burden (time and cost) of the certification record provides employers, information-collection requirements, employees, and OSHA compliance including the validity of the NUCLEAR REGULATORY officers with assurance that critical methodology and assumptions used; COMMISSION items on cranes regulated by the • The quality, utility, and clarity of Standard have been inspected, given [Docket No. 070–7001, Certificates of the information collected; and Compliance, Paducah—GDP–1, EA–02–108] some assurance that the equipment is in • Ways to minimize the burden on good operating condition, thereby employers who must comply; for In the Matter of United States preventing crane or rope failure during example, by using automated or other material handling. These records also Enrichment Corp., Paducah Gaseous technological information-collection Diffusion Plant, Paducah, KY, Order provide the most efficient means for the and -transmission techniques. compliance officers to determine that an Modifying Certificate of Compliance employer is complying with the III. Proposed Actions (Effective Immediately) Standard. OSHA proposes to extend the Office I • Rated Load Tests (paragraph (e)(2)). of Management and Budget’s (OMB) United States Enrichment Corporation This provision requires employers to approval of the collection-of- (USEC) holds Certificate of Compliance make available written reports of load- information requirements specified by GDP–1, issued by the U.S. Nuclear rating tests showing test procedures and its Crawler, Locomotive, and Truck Regulatory Commission (NRC or confirming the adequacy of repairs or Cranes Standard (29 CFR 1910.180). The Commission) authorizing USEC to alterations, and to make readily Agency will summarize the comments receive, possess and transfer byproduct, available any rerating-test reports. These submitted in response to this notice, source material, and special nuclear reports inform the employer, employees, and will include this summary in its material in accordance with the Atomic and OSHA compliance officers of a request to OMB to extend the approval Energy Act of 1954, as amended, and 10 crane’s lifting limitations, and provide of these information-collection CFR part 76. information to crane operators to requirements. prevent them from exceeding these Type of Review: Extension of a II limits and causing crane failure. currently approved information- On September 11, 2001, terrorists • Rope Inspections (paragraph (g)). collection requirement. simultaneously attacked targets in New Paragraph (g)(1) requires employers to Title: Crawler, Locomotive, and Truck York, N.Y., and Washington, DC, thoroughly inspect any rope in use, and Cranes Standard (29 CFR 1910.180). utilizing large commercial aircraft as do so at least once a month. The OMB Number: 1218–0221. weapons. In response to the attacks and authorized person conducting the Affected Public: Business or other for- intelligence information subsequently inspection must observe any profit; not-for-profit institutions; Federal obtained, the Commission issued a deterioration resulting in appreciable government; State, local, or tribal number of Safeguards and Threat loss of original strength and determine governments. Advisories to its certificate and license whether or not the condition is Number of Respondents: 20,000 holders in order to strengthen certificate hazardous. Before reusing a rope not in cranes. and license holders’ capabilities and use for at least a month because the Frequency of Recordkeeping: On readiness to respond to a potential crane housing the rope is shutdown or occasion; monthly; annually. attack on a nuclear facility. The in storage, paragraph (g)(2)(ii) specifies Average Time per Response: Varies Commission has also communicated that employers must have an appointed from 15 minutes (.25 hour) to perform with other Federal, State and local or authorized person inspect the rope a crane inspection and to prepare, government agencies and industry for all types of deterioration. Employers maintain, and disclose a written representatives to discuss and evaluate are to prepare a certification record for certificate for the inspection, to 30 the current threat environment in order the inspections required by paragraph minutes (.50 hour) to inspect a rope and to assess the adequacy of security (g)(1) and (g)(2)(ii). These certification to develop, maintain, and disclose a measures at regulated facilities. In records are to include the inspection written certificate for the inspection to addition, the Commission has date, the signature of the person 1 hour to rate the capacity of a crane commenced a comprehensive review of conducting the inspection, and the and make the appropriate record. its safeguards and security programs identifier for the inspected rope; Total Annual Hours Requested: and requirements. paragraph (g)(1) states that employers 174,040. As a result of its consideration of must keep the certificates ‘‘on file where Total Annual Costs (O&M): $0. current safeguards and security plan readily available,’’ while paragraph requirements, as well as a review of (g)(2)(ii) requires that certificates ‘‘be IV. Authority and Signature information provided by the intelligence * * * kept readily available.’’ The John L. Henshaw, Assistant Secretary community, the Commission has certification records provide employers, of Labor for Occupational Safety and determined that certain compensatory employees, and OSHA compliance Health, directed the preparation of this measures are required to be officers with assurance that the notice. The authority for this notice is implemented by USEC as prudent, inspected ropes are in good condition. the Paperwork Reduction Act of 1995 interim measures to address the current
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threat environment. Therefore, the III D. Notwithstanding any provision of Commission is imposing interim the Commission’s regulations to the Accordingly, pursuant to sections 63, requirements, set forth in Attachment 11 contrary, all measures implemented or 81, 161b, 161i, 161o, 182 and 186 of the actions taken in response to this Order of this Order, which supplement Atomic Energy Act of 1954, as amended, existing regulatory requirements, to shall be maintained pending and the Commission’s regulations in 10 notification from the Commission that a provide the Commission with CFR 2.202 and 10 CFR part 76, it is reasonable assurance that the public significant change in the threat hereby ordered, effective immediately, environment has occurred, or until the health and safety and common defense that Certificate of Compliance GDP–1 is and security continue to be adequately Commission determines that other modified as follows: changes are needed following a protected in the current threat A. USEC shall, notwithstanding the comprehensive re-evaluation of current environment. These requirements will provisions of any Commission safeguards and security programs. remain in effect pending notification regulation or certificate to the contrary, USEC’s responses to Conditions B.1, from the Commission that a significant comply with the requirements described B.2, C.1, and C.2, above shall be change in the threat environment has in Attachment 1 to this Order. USEC submitted in accordance with 10 CFR occurred, or until the Commission shall immediately start implementation 76.5. In addition, USEC’s submittals that determines that other changes are of the requirements in Attachment 1 to contain classified information shall be needed following a comprehensive re- the Order and shall complete properly marked and handled in evaluation of current safeguards and implementation, unless otherwise accordance with 10 CFR 95.39. security programs. specified in Attachment 1 to this order, The Director, Office of Nuclear The Commission recognizes that some no later than November 29, 2002. Material Safety and Safeguards, may, in of the requirements set forth in B. 1. USEC shall, within twenty (20) writing, modify, relax or rescind any of the above conditions upon Attachment 12 to this Order may already days of the date of this Order, notify the demonstration by USEC of good cause. have been initiated by USEC in response Commission, (1) if it is unable to to previously issued advisories, or on its comply with any of the requirements IV own. It is also recognized that some described in Attachment 1, (2) if compliance with any of the In accordance with 10 CFR 2.202 and measures may need to be tailored requirements is unnecessary in its 76.70, USEC must, and any other person specifically to accommodate the specific specific circumstances, or (3) if adversely affected by this Order may, circumstances and characteristics implementation of any of the submit an answer to this Order, and existing at USEC’s facilities to achieve requirements would cause USEC to be may request a hearing on this Order, the intended objectives and avoid any in violation of the provisions of any within 20 days of the date of this Order. unforeseen effect on safe operation. Commission regulation or its facility Where good cause is shown, consideration will be given to extending Although USEC’s response to the certificates. The notification shall the time to request a hearing. A request Safeguards and Threat Advisories has provide USEC’s justification for seeking for extension of time in which to submit relief from or variation of any specific been adequate to provide reasonable an answer or request a hearing must be requirement. assurance of adequate protection of made in writing to the Director, Office public health and safety, the 2. If USEC considers that of Nuclear Material Safety and Commission believes that the response implementation of any of the Safeguards, U.S. Nuclear Regulatory must be supplemented because of the requirements described in Attachment 1 Commission, Washington, DC 20555, current threat environment. As a result, to this Order would adversely impact and include a statement of good cause it is appropriate to require certain safe operation of its facilities, USEC for the extension. The answer may security measures so that they are must notify the Commission, within consent to this Order. Unless the answer maintained within the established twenty (20) days of this Order, of the consents to this Order, the answer shall, regulatory framework. In order to adverse safety impact, the basis for its in writing and under oath or provide assurance that USEC is determination that the requirement has affirmation, specifically set forth the implementing prudent measures to an adverse safety impact, and either a matters of fact and law on which USEC achieve an adequate level of protection proposal for achieving the same or other person adversely affected relies to address the current threat objectives specified in the Attachment 1 and the reasons as to why the Order environment, Certificates of Compliance requirement in question, or a schedule should not have been issued. Any GDP–1 shall be modified to include the for modifying the facilities to address answer or request for a hearing shall be the adverse safety condition. If neither requirements identified in Attachment 1 submitted to the Secretary, U.S. Nuclear approach is appropriate, USEC must to this Order. In addition, pursuant to Regulatory Commission, ATTN: supplement its response to Condition 10 CFR 2.202 and 76.70, I find that, in Rulemakings and Adjudications Staff, B1 of this Order to identify the the circumstances described above, the Washington, DC 20555. Copies also condition as a requirement with which shall be sent to the Director, Office of public health, safety and interest and it cannot comply, with attendant the common defense and security Nuclear Material Safety and Safeguards, justifications as required in Condition and the Director, Office of Enforcement, require that this Order be immediately B1. effective. U.S. Nuclear Regulatory Commission, C. 1. USEC shall, within twenty (20) Washington, DC 20555, to the Assistant days of the date of this Order, submit to General Counsel for Materials Litigation 1 Attachment 1 contains classified information the Commission, a schedule for and will not be released to the public. and Enforcement, at the same address, 2 To the extent that specific measures identified achieving compliance with each to the Regional Administrator, NRC in Attachment 1 to this Order require actions requirement described in Attachment 1. Region III, 801 Warrenville Road, Lisle, pertaining to the USEC’s possession and use of 2. USEC shall report to the Illinois 60532, and to USEC if the chemicals, such actions are being directed on the basis of the potential impact of such chemicals on Commission when it has achieved full answer or hearing request is by a person radioactive materials and activities subject to NRC compliance with the requirements other than USEC. If a person other than regulation. described in Attachment 1. USEC requests a hearing, that person
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shall set forth with particularity the material in accordance with the Atomic have been initiated by USEC in response manner in which his interest is Energy Act of 1954, as amended, and 10 to previously issued advisories, or on its adversely affected by this Order and CFR part 76. own. It is also recognized that some shall address the criteria set forth in 10 measures may need to be tailored to II CFR 2.714(d). specifically accommodate the specific If a hearing is requested by USEC or On September 11, 2001, terrorists circumstances and characteristics a person whose interest is adversely simultaneously attacked targets in New existing at USEC’s facilities to achieve affected, the Commission will issue an York, N.Y., and Washington, DC, the intended objectives and avoid any Order designating the time and place of utilizing large commercial aircraft as unforeseen effect on safe operation. any hearing. If a hearing is held, the weapons. In response to the attacks and Although USEC’s response to the issue to be considered at such hearing intelligence information subsequently Safeguards and Threat Advisories has shall be whether this Order should be obtained, the Commission issued a been adequate to provide reasonable sustained. number of Safeguards and Threat assurance of adequate protection of Pursuant to 10 CFR 2.202(c)(2)(i) and Advisories to its certificate and license public health and safety, the 76.70(c)(3), USEC, may, in addition to holders in order to strengthen certificate Commission believes that the response demanding a hearing, at the time the and license holders’ capabilities and must be supplemented because of the answer is filed or sooner, move to set readiness to respond to a potential current threat environment. As a result, aside the immediate effectiveness of the attack on a nuclear facility. The it is appropriate to require certain Order on the ground that the Order, Commission has also communicated security measures so that they are including the need for immediate with other Federal, State and local maintained within the established effectiveness, is not based on adequate government agencies and industry regulatory framework. In order to evidence but on mere suspicion, representatives to discuss and evaluate provide assurance that USEC is unfounded allegations, or error. the current threat environment in order implementing prudent measures to In the absence of any request for to assess the adequacy of security achieve an adequate level of protection hearing, or written approval of an measures at regulated facilities. In to address the current threat extension of time in which to request a addition, the Commission has environment, Certificates of Compliance hearing, the provisions specified in commenced a comprehensive review of GDP–2 shall be modified to include the Section III above shall be final 20 days its safeguards and security programs requirements identified in Attachment 1 from the date of this Order without and requirements. to this Order. In addition, pursuant to further order or proceedings. If an As a result of its consideration of 10 CFR 2.202 and 76.70, I find that, in extension of time for requesting a current safeguards and security plan the circumstances described above, the hearing has been approved, the requirements, as well as a review of public health, safety and interest and provisions specified in Section III shall information provided by the intelligence the common defense and security be final when the extension expires if a community, the Commission has require that this Order be immediately hearing request has not been received. determined that certain compensatory effective. An answer or a request for hearing shall measures are required to be III not stay the immediate effectiveness of implemented by USEC as prudent, this order. interim measures to address the current Accordingly, pursuant to sections 63, threat environment. Therefore, the 81, 161b, 161i, 161o, 182 and 186 of the For the Nuclear Regulatory Commission. Atomic Energy Act of 1954, as amended, Dated this 17th day of June, 2002. Commission is imposing interim requirements, set forth in Attachment and the Commission’s regulations in 10 Martin J. Virgilio, 1 1 of this Order, which supplement CFR 2.202 and 10 CFR part 76, it is Director, Office of Nuclear Material Safety existing regulatory requirements, to hereby ordered, effective immediately, and Safeguards. provide the Commission with that Certificate of Compliance GDP 2 is [FR Doc. 02–16452 Filed 6–28–02; 8:45 am] reasonable assurance that the public modified as follows: A. USEC shall, notwithstanding the BILLING CODE 7590–01–P health and safety and common defense provisions of any Commission and security continue to be adequately regulation or certificate to the contrary, protected in the current threat NUCLEAR REGULATORY comply with the requirements described environment. These requirements will COMMISSION in Attachment 1 to this Order. USEC remain in effect pending notification shall immediately start implementation [Docket No. 070–7002, Certificates of from the Commission that a significant of the requirements in Attachment 1 to Compliance, Portsmouth—GDP–2, EA–02– change in the threat environment has the Order and shall complete 108] occurred, or until the Commission implementation, no later than determines that other changes are Order Modifying Certificate of November 29, 2002. Compliance (Effective Immediately) needed following a comprehensive re- B. 1. USEC shall, within twenty (20) evaluation of current safeguards and days of the date of this Order, notify the security programs. In the Matter of United States Enrichment Commission, (1) if it is unable to Corp., Portsmouth Gaseous Diffusion Plant, The Commission recognizes that some comply with any of the requirements Portsmouth Ohio. of the requirements set forth in 2 described in Attachment 1, (2) if Attachment 1 to this Order may already compliance with any of the I requirements is unnecessary in its 1 Attachment 1 contains classified information United States Enrichment Corporation and will not be released to the public. specific circumstances, or (3) if (USEC) holds Certificate of Compliance 2 To the extent that specific measures identified implementation of any of the GDP–2, issued by the U.S. Nuclear in Attachment 1 to this Order require actions requirements would cause USEC to be Regulatory Commission (NRC or pertaining to the USEC’s possession and use of in violation of the provisions of any chemicals, such actions are being directed on the Commission) authorizing USEC to basis of the potential impact of such chemicals on Commission regulation or its facility receive, possess and transfer byproduct, radioactive materials and activities subject to NRC certificates. The notification shall source material, and special nuclear regulation. provide USEC’s justification for seeking
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relief from or variation of any specific an answer or request a hearing must be not stay the immediate effectiveness of requirement. made in writing to the Director, Office this order. 2. If USEC considers that of Nuclear Material Safety and For the Nuclear Regulatory Commission. implementation of any of the Safeguards, U.S. Nuclear Regulatory Dated this 17th day of June, 2002. requirements described in Attachment 1 Commission, Washington, DC 20555, to this Order would adversely impact and include a statement of good cause Martin J. Virgilio, safe operation of its facilities, USEC for the extension. The answer may Director, Office of Nuclear Material Safety must notify the Commission, within consent to this Order. Unless the answer and Safeguards. twenty (20) days of this Order, of the consents to this Order, the answer shall, [FR Doc. 02–16453 Filed 6–28–02; 8:45 am] adverse safety impact, the basis for its in writing and under oath or BILLING CODE 7590–01–P determination that the requirement has affirmation, specifically set forth the an adverse safety impact, and either a matters of fact and law on which USEC proposal for achieving the same or other person adversely affected relies NUCLEAR REGULATORY objectives specified in the Attachment 1 and the reasons as to why the Order COMMISSION requirement in question, or a schedule should not have been issued. Any [Docket Nos. 50–277 AND 50–278] for modifying the facilities to address answer or request for a hearing shall be the adverse safety condition. If neither submitted to the Secretary, U.S. Nuclear Exelon Generation Company, LLC; approach is appropriate, USEC must Regulatory Commission, ATTN: PSEG Nuclear, LLC; Notice of supplement its response to Condition Rulemakings and Adjudications Staff, Availability of the Draft Supplement 10 B1 of this Order to identify the Washington, DC 20555. Copies also to the Generic Environmental Impact condition as a requirement with which shall be sent to the Director, Office of Statement and Public Meeting for the it cannot comply, with attendant Nuclear Material Safety and Safeguards, License Renewal of Peach Bottom justifications as required in Condition and the Director, Office of Enforcement, Atomic Power Station, Units 2 and 3 B1. U.S. Nuclear Regulatory Commission, C. 1. USEC shall, within twenty (20) Washington, DC 20555, to the Assistant Notice is hereby given that the U. S. days of the date of this Order, submit to General Counsel for Materials Litigation Nuclear Regulatory Commission (the the Commission, a schedule for and Enforcement, at the same address, Commission) has published a draft achieving compliance with each to the Regional Administrator, NRC plant-specific supplement to the requirement described in Attachment 1. Region III, 801 Warrenville Road, Lisle, Generic Environmental Impact 2. USEC shall report to the Illinois 60532, and to USEC if the Statement (GEIS), NUREG–1437, Commission when it has achieved full answer or hearing request is by a person regarding the renewal of operating compliance with the requirements other than USEC. If a person other than licenses DRP–44 and DRP–56 for an described in Attachment 1. USEC requests a hearing, that person additional 20 years of operation at D. Notwithstanding any provision of shall set forth with particularity the Peach Bottom Atomic Power Station, the Commission’s regulations to the manner in which his interest is Units 2 and 3. Peach Bottom Atomic contrary, all measures implemented or adversely affected by this Order and Power Station is located primarily in actions taken in response to this Order shall address the criteria set forth in 10 Peach Bottom Township, York County, shall be maintained pending CFR 2.714(d). Pennsylvania. Possible alternatives to notification from the Commission that a If a hearing is requested by USEC or the proposed action (license renewal) significant change in the threat a person whose interest is adversely include no action and reasonable environment has occurred, or until the affected, the Commission will issue an alternative energy sources. Commission determines that other Order designating the time and place of The draft supplement to the GEIS is changes are needed following a any hearing. If a hearing is held, the available electronically for public comprehensive re-evaluation of current issue to be considered at such hearing inspection in the NRC Public Document safeguards and security programs. shall be whether this Order should be Room located at One White Flint North, USEC’s responses to Conditions B.1, sustained. 11555 Rockville Pike (first floor), B.2, C.1, and C.2, above shall be Pursuant to 10 CFR 2.202(c)(2)(i) and Rockville, Maryland, or from the submitted in accordance with 10 CFR 76.70(c)(3), USEC, may, in addition to Publicly Available Records (PARS) 76.5. In addition, USEC’s submittals that demanding a hearing, at the time the component of NRC’s document system contain classified information shall be answer is filed or sooner, move to set (ADAMS). ADAMS is accessible from properly marked and handled in aside the immediate effectiveness of the the NRC Web site at http:// accordance with 10 CFR 95.39. Order on the ground that the Order, www.nrc.gov/reading-rm.html (the The Director, Office of Nuclear including the need for immediate Public Electronic Reading Room). If you Material Safety and Safeguards, may, in effectiveness, is not based on adequate do not have access to ADAMS or if there writing, modify, relax or rescind any of evidence but on mere suspicion, are problems in accessing the the above conditions upon unfounded allegations, or error. documents located in ADAMS, contact demonstration by USEC of good cause. In the absence of any request for the NRC Public Document Room (PDR) hearing, or written approval of an Reference staff at 1–800–397–4209, or IV extension of time in which to request a 301–415–4737, or by e-mail to In accordance with 10 CFR 2.202 and hearing, the provisions specified in [email protected]. In addition, the 76.70, USEC must, and any other person Section III above shall be final 20 days Collinsville Community Library in adversely affected by this Order may, from the date of this Order without Brogue, Pennsylvania, the Quarryville submit an answer to this Order, and further order or proceedings. If an Library in Quarryville, Pennsylvania may request a hearing on this Order, extension of time for requesting a and the Whiteford Branch Library in within 20 days of the date of this Order. hearing has been approved, the Whiteford, Maryland, have agreed to Where good cause is shown, provisions specified in Section III shall make the draft supplement to the GEIS consideration will be given to extending be final when the extension expires if a available for public inspection. the time to request a hearing. A request hearing request has not been received. Any interested party may submit for extension of time in which to submit An answer or a request for hearing shall comments on the draft supplement to
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the GEIS for consideration by the NRC [email protected] no later http://www.nrc.gov staff. To be certain of consideration, than July 24, 2002. Members of the 2:00 p.m. Meeting with Advisory comments on the draft supplement to public may also register to provide oral the GEIS and the proposed action must comments within 15 minutes of the start Committee on Reactor Safeguards be received by September 18, 2002. of each session. Individual oral (ACRS) (Public Meeting) (Contact: Comments received after the due date comments may be limited by the time John Larkins, 301–415–7360) will be considered if it is practical to do available, depending on the number of This meeting will be webcast live at so, but the NRC staff is able to assure persons who register. If special the Web address– consideration only for comments equipment or accommodations are http://www.nrc.gov received on or before this date. Written needed to attend or present information comments on the draft supplement to at the public meeting, the need should Week of July 15, 2002—Tentative the GEIS should be sent to: Chief, Rules be brought to Mr. Wheeler’s attention no and Directives Branch, Division of later than July 24, 2002, to provide the Thursday, July 18, 2002 Administrative Services, Office of NRC staff adequate notice to determine 1:55 p.m. Affirmation Session (Public Administration, Mail Stop T–6D 59, whether the request can be Meeting) (If needed) U.S. Nuclear Regulatory Commission, accommodated. Washington, DC 20555–0001. Week of July 22, 2002—Tentative FOR FURTHER INFORMATION, CONTACT: Mr. Comments may be hand-delivered to Duke Wheeler, License Renewal and the NRC at 11545 Rockville Pike, Week of July 29, 2002—Tentative Environmental Impacts Program, Rockville, Maryland, between 7:45 a.m. Week of August 5, 2002—Tentative and 4:15 p.m. on Federal workdays. Division of Regulatory Improvement Electronic comments may be submitted Programs, U.S. Nuclear Regulatory There are no meetings scheduled for to the NRC by the Internet at Commission, Washington, DC 20555. the Week of August 5, 2002. Mr. Wheeler may also be contacted at [email protected]. All *The schedule for Commission meetings is the aforementioned telephone number comments received by the Commission, subject to change on short notice. To verify including those made by Federal, State, or e-mail address. the status of meetings call (recording)—(301) and local agencies, Indian tribes, or Dated at Rockville, Maryland, this 24th day 415–1292. Contact person for more other interested persons, will be made of June 2002. information: David Louis Gamberoni (301) available electronically at the For the Nuclear Regulatory Commission. 415–1651. Commission’s Public Document Room Pao-Tsin Kuo, in Rockville, Maryland and from the Program Director, License Renewal and * * * * * Environmental Impacts, Division of Publicly Available Records (PARS) Additional Information component of NRC’s document system Regulatory Improvement Programs, Office of (ADAMS). Nuclear Reactor Regulation. By a vote of 5–0 on June 20 and 21, The NRC staff will hold a public [FR Doc. 02–16451 Filed 6–28–02; 8:45 am] the Commission determined pursuant to meeting to present an overview of the BILLING CODE 7590–01–P U.S.C. 552b(e) and § 9.107(a) of the draft plant-specific supplement to the Commission’s rules that ‘‘Affirmation of GEIS and to accept public comments on Pacific Gas and Electric Co. (Diablo NUCLEAR REGULATORY the document. The public meeting will Canyon Power Plant, Units 1 and 2) COMMISSION be held at the Peach Bottom Inn, 6085 Multiple Petitions to Intervene’’ be held Delta Road, Delta, Pennsylvania, on July Sunshine Act Meeting on June 25, and on less than one week’s 31, 2002. There will be two sessions to notice to the public. accommodate interested parties. The DATE: Weeks of July 1, 8, 15, 22, 29, and * * * * * first session will commence at 1:30 p.m. August 5, 2002. The NRC Commission Meeting and will continue until 4:30 p.m. The PLACE: Commissioners’ Conference Schedule can be found on the Internet second session will commence at 7 p.m. Room, 11555 Rockville Pike, Rockville, at: and will continue until 10 p.m. Both Maryland. meetings will be transcribed and will STATUS: Public and Closed. http://www.nrc.gov/what-we-do/policy- include (1) a presentation of the making/schedule.html contents of the draft plant-specific MATTERS TO BE CONSIDERED: Week of * * * * * supplement to the GEIS, and (2) the July 1, 2002 opportunity for interested government Monday, July 1, 2002 This notice is distributed by mail to 2:00 p.m. Discussion of International agencies, organizations, and individuals several hundred subscribers; if you no Safeguards Issues (Closed—Ex. 9) to provide comments on the draft report. longer wish to receive it, or would like Additionally, the NRC staff will host Week of July 8, 2002—Tentative to be added to the distribution, please informal discussions one hour prior to contact the Office of the Secretary, Wednesday, July 10, 2002 the start of each session at the Peach Washington, DC 20555 (301–415–1969). Bottom Inn. No comments on the 9:25 a.m. Affirmation Session (Public In addition, distribution of this meeting proposed draft supplement to the GEIS Meeting) (If needed) notice over the Internet system is will be accepted during the informal 9:30 a.m. Briefing on License Renewal available. If you are interested in discussions. To be considered, Program and Power Uprate Review receiving this Commission meeting comments must be provided either at Activities (Public Meeting) schedule electronically, please send an the transcribed public meetings, or in (Contacts: Noel Dudley, 301–415– electronic message to [email protected]. 1154, for license renewal program; writing as discussed above. Persons may Dated: June 27, 2002. pre-register to attend or present oral Mohammed Shuaibi, 301–415– comments at the meeting by contacting 2859, for power uprate review Sandra M. Joosten, Mr. Duke Wheeler by telephone at 1– activities) Executive Assistant, Office of the Secretary. 800–368–5642, extension 1444, or by This meeting will be webcast live at [FR Doc. 02–16626 Filed 6–27–02; 12:45 pm] Internet to the NRC at the Web address— BILLING CODE 7590–01–M
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NUCLEAR REGULATORY 10 CFR parts 71 and 73 (effective July reactor fuel not covered under the final COMMISSION 6, 1982), that require advance amendment to 10 CFR part 73). notification to Governors or their The following list updates the names, Governors’ Designees Receiving designees by NRC licensees prior to addresses, and telephone numbers of Advance Notification of Transportation transportation of certain shipments of those individuals in each State who are of Nuclear Waste nuclear waste and spent fuel. The responsible for receiving information on advance notification covered in Part 73 On January 6, 1982 (47 FR 596 and 47 is for spent nuclear reactor fuel nuclear waste shipments. The list will FR 600), the Nuclear Regulatory shipments and the notification for Part be published annually in the Federal Commission (NRC) published in the 71 is for large quantity shipments of Register on or about June 30 to reflect Federal Register final amendments to radioactive waste (and of spent nuclear any changes in information.
INDIVIDUALS RECEIVING ADVANCE NOTIFICATION OF NUCLEAR WASTE SHIPMENTS
State Part 71 Part 73
Alabama ...... Col. James H. Alexander, Director, Alabama Depart- Same. ment of Public Safety, P.O. Box 1511, Montgomery, AL 36102Ð1511, (334) 242Ð4394. Alaska ...... Douglas Dasher, Alaska Department of Environmental Same. Conservation, Northern Regional Office, 610 Univer- sity Avenue, Fairbanks, AK 99709Ð3643, (907) 451Ð 2172. Arizona ...... Aubrey V. Godwin, Director, Arizona Radiation Regu- Same. latory Agency, 4814 South 40th Street, Phoenix, AZ 85040, (602) 255Ð4845, ext. 222, 24 hours: (602) 223Ð2212. Arkansas ...... Bernard Bevill, Division of Radiation Control and Emer- Same. gency Management, Arkansas Department of Health, 4815 West Markham Street, Mail Slot #30, Little Rock, AR 72205Ð3867, (501) 661Ð2301, 24 hours: (501) 661Ð2136. California ...... Captain Andrew R. Jones, California Highway Patrol, Same. Enforcement Services Division, P.O. Box 942898, Sacramento, CA 94298Ð0001, (916) 445Ð1865, 24 hours: 1Ð(916) 861Ð1300. Colorado ...... Captain Tommy Wilcoxen, Hazardous Materials Sec- Same. tion, Colorado State Patrol, 700 Kipling Street, Suite 1000, Denver, CO 80215Ð5865, (303) 239Ð4546, 24 hours: (303) 239Ð4501. Connecticut ...... Dr. Edward L. Wilds, Jr., Director, Division of Radiation, Same. Department of Environmental Protection, 79 Elm Street, Hartford, CT 06106Ð5127, (860) 424Ð3029, 24 hours: (860) 424Ð3333. Delaware ...... James L. Ford, Jr., Department of Public Safety, P.O. Same. Box 818, Dover, DE 19903, (302) 744Ð2680, 24 hours: pager (302) 474Ð1030. Florida ...... Harlan W. Keaton, Administrator, Bureau of Radiation Same. Control, Environmental Radiation Program, Depart- ment of Health, P.O. Box 680069, Orlando, FL 32868Ð0069, (407) 297Ð2095. Georgia ...... Captain Bruce Bugg, Special Projects Coordinator, Law Same. Enforcement Division, Georgia Department of Motor Vehicle Safety, P.O. Box 80447, 2206 East View Parkway, Conyers, Georgia 30013, (678) 413Ð8825. Hawaii ...... Mr. Gary Gill, Deputy Director for Environmental Health, Same. State of Hawaii Department of Health, P.O. Box 3378, Honolulu, HI 96813, (808) 586Ð4424. Idaho ...... Lieutenant Duane Sammons, Deputy Commander, Same. Commercial Vehicle Safety, Idaho State Police, P.O. Box 700, Meridian, ID 83680Ð0700, (208) 884Ð7220, 24 hours: (208) 846Ð7500. Illinois ...... Thomas W. Ortciger, Director, Illinois Department of Same. Nuclear Safety, 1035 Outer Park Drive, 5th Floor, Springfield, IL 62704, (217) 785Ð9868, 24 Hours: (217) 785Ð9900. Indiana ...... Melvin J. Carraway, Superintendent, Indiana State Po- Same. lice, Indiana Government Center North, 100 North Senate Avenue, Indianapolis, IN 46204, (317) 232Ð 8248. Iowa ...... Ellen M. Gordon, Administrator, Homeland Security Ad- Same. visor, Iowa Emergency Management Division, Des Moines, IA 50319, (515) 281Ð3231.
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INDIVIDUALS RECEIVING ADVANCE NOTIFICATION OF NUCLEAR WASTE SHIPMENTS—Continued
State Part 71 Part 73
Kansas ...... Frank H. Moussa, M.S.A., Technological Hazards Ad- Same. ministrator, Department of the Adjutant General, Divi- sion of Emergency Management, 2800 SW. Topeka Boulevard, Topeka, KS 66611Ð1287, (785) 274Ð 1409, 24 hours: (785) 296Ð3176. Kentucky ...... John A. Volpe, Ph.D., Manager, Radiation Health and Same. Toxic Agents Branch, Cabinet for Health Services, 275 East Main Street, Frankfort, KY 40621Ð0001, (502) 564Ð7818 ext. 3692. Louisiana ...... Major Joseph T. Booth, Louisiana State Police, 7901 Same. Independence Boulevard, P.O. Box 66614 (#21), Baton Rouge, LA 70896Ð6614, (225) 925Ð6113 ext. 270, 24 hours: (877) 925Ð6252. Maine ...... Colonel Michael R. Sperry, Chief of the State Police, Same. Maine Department of Public Safety, 42 State House Station, Augusta, ME 04333, (207) 624Ð7000. Maryland ...... First Sgt. Sylvia L. Wright, Maryland State Police, Elec- Same. tronic Systems Division, 1201 Reisterstown Road, Pikesville, MD 21208, (410) 653Ð4208, 24 hours: (410) 653Ð4200. Massachusetts ...... Robert M. Hallisey, Director, Radiation Control Pro- Same. gram, Massachusetts Department of Public Health, 174 Portland Street, 5th Floor, Boston, MA 02114, (617) 727Ð6214. Michigan ...... Captain Dan Smith, Commander, Special Operations Same. Division, Michigan State Police ,714 South Harrison Road, East Lansing, MI 48823, (517) 336Ð6187, 24 hours: (517) 336Ð6100. Minnesota ...... John R. Kerr, Assistant Director, Administration and Same. Preparedness Branch, Department of Public Safety, Division of Emergency Management, 444 Cedar St., Suite 223, St. Paul, MN 55101Ð6223, (651) 296Ð 0481, 24 hours: (651) 649Ð5451. Mississippi ...... Robert R. Latham, Jr. Emergency Management Agen- Same. cy, P.O. Box 4501, Fondren Station, Jackson, MS 39296Ð4501, (601) 960Ð9020. Missouri ...... Jerry B. Uhlmann, Director, Emergency Management Same. Agency, P.O. Box 116, Jefferson City, MO 65102, (573) 526Ð9101, 24 hours: (573) 751Ð2748. Montana ...... Jim Greene, Administrator, Disaster & Emergency Same. Service, P.O. Box 4789, Helena, MT 59604, (406) 841Ð3911. Nebraska ...... Major Bryan J. Tuma, Nebraska State Patrol, P.O. Box Same. 94907, Lincoln, NE 68509Ð4907, (402) 479Ð4950, 24 hours: (402) 471Ð4545. Nevada ...... Stanley R. Marshall, Supervisor, Radiological Health Same. Section, Health Division, Department of Human Re- sources, 1179 Fairview Drive, Suite 102, Carson City, NV 89701Ð5405, (775) 687Ð5394 x276, 24 hours: (775) 688Ð2830. New Hampshire ...... Richard M. Flynn, Commissioner, New Hampshire De- Same. partment of Safety, James H. Hayes Building, 10 Hazen Drive, Concord, NH 03305, (603) 271Ð2791, (603) 271Ð3636 (24 hours). New Jersey ...... Kent Tosch, Chief, Bureau of Nuclear Engineering, De- Same. partment of Environmental Protection, P.O. Box 415, Trenton, NJ 08625Ð0415, (609) 984Ð7701. New Mexico ...... Ernesto Rodriguez, Section Chief, Emergency Manage- Same. ment Section, DPS/OESS, P.O. Box 1628, Santa Fe, NM 87504Ð1628, (505) 479Ð9606, 24 hours: (505) 476Ð9680. New York ...... Edward F. Jacoby, Jr., Director, State Emergency Man- Same. agement Office, 1220 Washington Avenue, Building 22—Suite 101, Albany, NY 12226Ð2251, (518) 457Ð 2222. North Carolina ...... Line Sgt. Mark Dalton, Hazardous Materials Coordi- Same. nator, North Carolina Highway Patrol Headquarters, 4702 Mail Service Center, Raleigh, NC 27699Ð4702, (919) 733Ð5282, After hours: (919) 733Ð3861.
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INDIVIDUALS RECEIVING ADVANCE NOTIFICATION OF NUCLEAR WASTE SHIPMENTS—Continued
State Part 71 Part 73
North Dakota ...... Terry O’Clair, Director, Division of Air Quality, North Same. Dakota Department of Health, 1200 Missouri Avenue, Box 5520, Bismarck, ND 58506Ð5520, (701) 328Ð 5188, After hours: (701) 328Ð9921. Ohio ...... Carol A. O’Claire, Supervisor, Ohio Emergency Man- Same. agement Agency, 2855 West Dublin Granville Road, Columbus, OH 43235Ð2206, (614) 799Ð3915, 24 hours: (614) 889Ð7150. Oklahoma ...... Bob A. Ricks, Commissioner, Oklahoma Department of Same. Public Safety, P.O. Box 11415, Oklahoma City, OK 73136Ð0145, (405) 425Ð2001, 24 hours: (405) 425Ð 2424. Oregon ...... David Stewart-Smith, Energy Resources Division, Or- Same. egon Office of Energy, 625 Marion Street, NE, Suite 1, Salem, OR 97301Ð3742, (503) 378Ð6469. Pennsylvania ...... John Bahnweg, Director of Operations and Training, Same. Pennsylvania Emergency Management Agency, 2605 Interstate Drive, Harrisburg, PA 17110Ð9364, (717) 651Ð2001. Rhode Island...... William A. Maloney, Associate Administrator, Motor Same. Carriers Section, Division of Public Utilities and Car- riers, 89 Jefferson Blvd., Warwick, RI 02888, (401) 941Ð4500; ext. 150. South Carolina ...... Henry J. Porter, Assistant Director, Division of Waste Same. Management, Bureau of Land and Waste Manage- ment, Department of Health & Environmental Control, 2600 Bull Street, Columbia, SC 29201, (803) 896Ð 4245, Emergency: (803) 253Ð6488. South Dakota ...... John A. Berheim, Director, Division of Emergency Man- Same. agement, 500 E. Capitol Avenue, Pierre, SD 57501Ð 5070, (605) 773Ð3231. Tennessee ...... John D. White, Jr., Director, Emergency Management Same. Agency, 3041 Sidco Drive, Nashville,TN 37204Ð 1504, (615) 741Ð0001, After hours: (Inside TN) 1Ð 800Ð262Ð3400, (Outside TN) 1Ð800Ð258Ð3300. Texas ...... Richard A. Ratliff, Chief, Bureau of Radiation Control, Col. Thomas A. Davis, Director, Texas Department of Texas Department of Health, 1100 West 49th Street, Public Safety. Attn: EMS Preparedness Sec., P.O. Austin, TX 78756, (512) 834Ð6679. Box 4087, Austin, TX 78773Ð0223, (512) 424Ð2589, (512) 424Ð2277 (24 hrs). Utah ...... William J. Sinclair, Director, Division of Radiation Con- Same. trol, Department of Environmental Quality, 168 North 1950 West, P.O. Box 144850, Salt Lake City, UT 84114Ð4850, (801) 536Ð4250, After hours: (801) 536Ð4123. Vermont ...... Lieutenant Col. Thomas A. Powlovich, Director, Division Same. of State Police, Department of Public Safety, 103 South Main Street, Waterbury, VT 05671Ð2101, (802) 244Ð7345. Virginia ...... Brett A. Burdick, Director, Technological Hazards Divi- Same. sion, Department of Emergency Management, Com- monwealth of Virginia, 10501 Trade Court, Rich- mond, VA 23236, (804) 897Ð6500, ext. 6569, 24 hrs. (804) 674Ð2400. Washington ...... Lieutenant Steven L. Kalmbach, Washington State Pa- Same. trol, P.O. Box 42600, Olympia,WA 98504Ð2600, (360) 753Ð0565. West Virginia ...... Colonel H. E. Hill, Jr., Superintendent, West Virginia Same. State Police, 725 Jefferson Road, South Charleston, WV 25309, (304) 746Ð2111. Wisconsin ...... Edward J. Gleason, Administrator, Wisconsin Division Same. of Emergency Management, P.O. Box 7865, Madi- son, WI 53707Ð7865, (608) 242Ð3232. Wyoming ...... Captain L. S. Gerard, Support Services Officer, Com- Same. mercial Carrier, Wyoming Highway Patrol, 5300 Bishop Boulevard, Cheyenne, WY 82009Ð3340, (307) 777Ð4317, 24 hours: (307) 777Ð4321. District of Columbia ...... Gregory B. Talley, Program Manager, Radiation Protec- Same. tion Division, Bureau of Food, Drug and Radiation Protection, Department of Health, 51 N Street, NE., Room 6006, Washington, DC 20002, (202) 535Ð 2320, 24 hours: (202) 666Ð8001.
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INDIVIDUALS RECEIVING ADVANCE NOTIFICATION OF NUCLEAR WASTE SHIPMENTS—Continued
State Part 71 Part 73
Puerto Rico...... Esteban Mujica, Chairman, Environmental Quality Same. Board, P.O. Box 11488, San Juan, PR 00910, (787) 767Ð8056 or (787) 767Ð8181. Guam ...... Jesus T. Salas, Administrator, Guam Environmental Same. Protection Agency, P.O. Box 22439 GMF, Barrigada, Guam 96921, (671) 475Ð1658. Virgin Islands ...... Dean C. Plaskett, Esq., Commissioner, Department of Same. Planning and Natural Resources, Cyril E. King Air- port, Terminal Building—Second Floor, St. Thomas, Virgin Islands 00802, (340) 774Ð3320. American Samoa ...... Pati Faiai, Government Ecologist, Environmental Pro- Same. tection Agency, Office of the Governor, Pago Pago, American Samoa 96799, (684) 633Ð2304. Commonwealth of the North- Thomas B. Pangelinan, Secretary, Department of Same. ern Mariana Islands. Lands and Natural Resources, Commonwealth of Northern Mariana Islands Government, Caller Box 10007, Saipan, MP 96950, (670) 322Ð9830 or (670) 322Ð9834.
Questions regarding this matter (Pub. L. 105–85)). This notice amends after initial implementation. A second should be directed to Spiros Droggitis, the project plan for this demonstration amendment was published in the April Office of State and Tribal Programs, U.S. to list as eligible to participate (1) all 24, 2002, Federal Register, Volume 67, Nuclear Regulatory Commission, organizations composed of civilian Number 79 to (1) make employees in the Washington, DC 20555, (Internet acquisition workforce members, that is, top broadband level of their career path Address: [email protected]) or at (301) 415– personnel in acquisition positions eligible to receive a ‘‘very high’’ overall 2367. designated pursuant to 10 U.S.C. 1721 contribution score (OCS) and (2) reduce Dated at Rockville, Maryland, this 21st day and (2) all organizations with teams of the minimum rating period under the of June, 2002. personnel in which more than half the Contribution-based Compensation and For the Nuclear Regulatory Commission. team consists of members of the Appraisal System (CCAS) to 90 Paul H. Lohaus, Director, acquisition workforce and the consecutive calendar days. This remainder consists of supporting Office of State and Tribal Programs. demonstration project involves hiring personnel assigned to work directly and appointment authorities; [FR Doc. 02–16450 Filed 6–28–02; 8:45 am] with the acquisition workforce. The broadbanding; simplified classification; BILLING CODE 7590–01–P notice also makes the resulting a contribution-based compensation and adjustments to the table that describes appraisal system; revised reduction-in- the project’s demographics and union force procedures; academic degree and OFFICE OF PERSONNEL representation. certificate training; and sabbaticals. MANAGEMENT DATES: This amendment is effective July 2. Overview Civilian Acquisition Workforce 1, 2002. Personnel Demonstration Project; FOR FURTHER INFORMATION CONTACT: This amendment will reduce the need Department of Defense DoD: Anthony D. Echols, Civilian for future Federal Register amendments regarding project coverage by listing all AGENCY: Acquisition Workforce Personnel Office of Personnel organizations that are eligible to Management. Demonstration Project, 2001 North Beauregard Street, Suite 750, participate in this demonstration. ACTION: Notice of amendment to this Alexandria, VA 22311, 703–681–3553. Further, this amendment makes the demonstration in order to list all OPM: Mary Lamary, U.S. Office of resulting adjustments to the project’s organizations that are eligible to Personnel Management, 1900 E Street demographics and union representation. participate in the project and make the NW., Room 7460, Washington, DC resulting adjustments to the table that Dated: June 26, 2002. 20415, 202–606–2820. describes the project’s workforce Office of Personnel Management. demographics and union representation. SUPPLEMENTARY INFORMATION: Kay Coles James, 1. Background SUMMARY: The Department of Defense Director. (DoD), with the approval of the Office of OPM approved and published the I. Executive Summary Personnel Management (OPM), may project plan for the Civilian Acquisition conduct a personnel demonstration Workforce Personnel Demonstration The project was designed by a Process project within DoD’s civilian acquisition Project in the Federal Register on Action Team (PAT) under the authority workforce and those supporting January 8, 1999 (Volume 64, Number 5, of the Under Secretary of Defense for personnel assigned to work directly part VII). An amendment was published Acquisition and Technology, with the with it. (See Section 4308 of the in the May 21, 2001, Federal Register, participation of and review by DoD and National Defense Authorization Act for Volume 66, Number 98, to (1) correct OPM. The purpose of the project is to Fiscal Year 1996 (Pub. L. 104–106; 10 discrepancies in the list of occupational enhance the quality, professionalism, U.S.C.A. § 1701 note), as amended by series included in the project and (2) and management of the DoD acquisition section 845 of the National Defense authorize managers to offer a buy-in to workforce through improvements in the Authorization Act for Fiscal Year 1998 Federal employees entering the project human resources management system.
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II. Introduction Pursuant to 5 CFR 470.315, changes are exclusive representative and the agency hereby made to the Federal Register, have entered into a written agreement This demonstration project provides Civilian Acquisition Workforce covering participation in and managers, at the lowest practical level, Personnel Demonstration Project; implementation of the project’’ (Ibid., p. the authority, control, and flexibility Department of Defense; Notice, Friday, 1432, section II. D., first paragraph). they need to achieve quality acquisition January 8, 1999, Volume 64, Number 5, processes and quality products. This Part VII, pages 1432–7 and 1447. III. Personnel System Changes project not only provides a system that retains, recognizes, and rewards B. Employee Notification and Collective 1. Section II. E. Delete all of Section employees for their contribution, but Bargaining Requirements II. E. and replace it with the following: also supports their personal and The demonstration project program E. Eligible Organizations professional growth. office shall notify employees of this The DoD Civilian Acquisition A. Purpose amendment by posting it on demonstration’s web site (http:// Workforce Personnel Demonstration The purpose of this notice is to list all www.acq.osd.mil/acqdemo/new_site). Project may include various organizations that are eligible to As stated in the existing demonstration organizational elements of the participate in the Civilian Acquisition project plan, ‘‘Employees within a unit Departments of the Army, Navy, and Air Workforce Personnel Demonstration to which a labor organization is Force, and the Office of the Secretary of Project. A comprehensive table will accorded exclusive recognition under Defense (Office of the Under Secretary reduce the need for future Federal Chapter 71 of title 5, United States of Defense for Acquisition, Technology, Register amendments. Other provisions Code, shall not be included as part of and Logistics). Eligible organizations are of the approved plan are unchanged. the demonstration project unless the shown in Table 1.
TABLE 1.—ELIGIBLE ORGANIZATIONS
DoD component/DoD component major organi- zational subdivision Organization/office symbol Locations
DEPARTMENT OF THE AIR FORCE
Air Force Materiel Command (AFMC) ...... Aeronautical System Center (ASC) ...... Wright-Patterson AFB, OH and all other loca- tions. AFMC ...... Air Armament Center (AAC)(except compari- Eglin AFB, FL and all other locations. son group at Eglin AFB, FL). AFMC ...... Air Force Flight Test Center (AFFTC) ...... Edwards AFB, CA and all other locations. AFMC ...... Arnold Engineering Development Center Arnold AFB, TN and all other locations. (AEDC). AFMC ...... Electronic Systems Center (ESC) ...... Hanscom AFB, MA and all other locations. AFMC ...... HQ AFMC ...... Wright-Patterson AFB, OH and all other loca- tions. AFMC ...... Ogden Air Logistics Center (OOÐALC) ...... Hill AFB, UT and all other locations. AFMC ...... Oklahoma City Air Logistics Center (OCÐALC) Tinker AFB, OK and all other locations. AFMC ...... Warner Robins Air Logistics Center (WRÐ Warner Robins AFB, GA and all other loca- ALC). tions. Air Force Space Command (AFSPC) ...... HQ AFSPC ...... Peterson AFB, CO and all other locations. AFSPC ...... Space and Missile Center (SMC) ...... Los Angeles, CA and all other locations. Miscellaneous Air Force ...... Contracting Organizations ...... All locations in the National Capital Region. Secretary of the Air Force ...... Assistant Secretary of the Air Force (Acquisi- Pentagon, Arlington, VA and all other loca- tion) (SAF/AQ) and Space Acquisition Orga- tions. nization.
DEPARTMENT OF THE ARMY
Army Acquisition Executive Support Agency Headquarters, Research, Development, and Orlando, FL; Alexandria, VA; Ft. Belvoir, VA; (AAESA). Acquisition Information Systems Activity Falls Church, VA; Pentagon, Arlington, VA; (RDAISA); Army Digitization Office (ADO); Radford, VA; and all other locations. Acquisition Career Management Office; Contract Support Agency (CSA); Joint Sim- ulations (JSIMS); Leavenworth Support; Management Support Pentagon Support; Training Group. AAESA ...... Program Executive Office (PEO) Air and Mis- Huntsville, AL; Pentagon, Arlington, VA; and sile Defense (See Note 1). all other locations. AAESA ...... Program Executive Office Ammo (See Note 1) All locations. AAESA ...... Program Executive Office Aviation (AVN) (See Huntsville, AL; Pentagon, Arlington, VA; and Note 1). all other locations. AAESA ...... Program Executive Office Chemical/Biological All locations. Defense (See Note 1).
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TABLE 1.—ELIGIBLE ORGANIZATIONS—Continued
DoD component/DoD component major organi- zational subdivision Organization/office symbol Locations
AAESA ...... Program Executive Office Command, Control, Huntsville, AL; El Segundo, CA; Tallahassee, and Communication Systems (C3S). FL; Ft. Wayne, IN; Ft. Leavenworth, KS; Seoul, Korea; Yong San, Korea; Ft. Mon- mouth, NJ; White Sands Missile Range, NM; Ft. Sill, OK; Ft. Hood, TX; Ft. Bliss, TX: Ft. Belvoir, VA; McLean, VA; Pentagon, Ar- lington, VA; and all other locations. AAESA ...... Program Executive Office CS/CSS (See Note All locations. 1). AAESA ...... Program Executive Office Ground Combat Picatinny Arsenal, NJ; Warren, MI; Pentagon, Support Systems (GCSS) (See Note 1). Arlington, VA; Washington, DC; and all other locations. AAESA ...... Program Executive Officer Intelligence, Elec- Ft. Monmouth, NJ; Ft. Belvoir, VA; and all tronic Warfare, and Sensors (IEW&S) (See other locations. Notes 1 and 2). AAESA ...... Program Executive Office/Program Manage- Orlando, FL; and all other locations. ment (PM) Joint Simulation System (See Note 1). AAESA ...... Program Executive Office National Missile De- All locations. fense Joint Program Office (See Note 1). AAESA ...... Program Executive Office Soldier (See Note All locations. 1). AAESA ...... Program Executive Office Standard Army Ft. Knox, KY; Ft. Monmouth, NJ; Ft. Belvoir, Management Information Systems VA; Ft. Lee, VA; Ft. Monroe, VA; and all (STAMIS) (See Note 1). other locations. AAESA ...... Program Executive Officer Tactical Missiles Huntsville, AL; Pentagon, Arlington, VA; (See Note 1). Washington, DC; and all other locations. AAESA ...... Program Management (PM) Chemical Demili- Aberdeen Proving Ground, MD; Pentagon, Ar- tarization. lington, VA; Washington, DC; and all loca- tions. AAESA ...... Program Management (PM) Joint Program for Aberdeen Proving Ground, MD; Ft. Detrick, Biological Defense. MD; Ft. Ritchie, MD; Falls Church, VA; and all locations. Army Materiel Command (AMC) ...... Headquarters—Acquisition ...... Alexandra, VA and all locations. AMC ...... AMC Headquarters Staff Support Activities ..... Nahbohnch, Germany; Rock Island, IL; Yong San, Korea; Aberdeen Proving Ground, MD; Alexandria, VA; and all other locations. AMC ...... Installations and Services Activity; Intelligence All locations. and Technology Security Activity; Inter- national Cooperative Program Activity; Lo- gistics Support Activity; Schools of Engi- neering and Logistics; Separate Reporting Activities: Field Assistance in Science and Technology; Surety Field Activity; Systems Analysis Activity (See Note 2). AMC ...... Aviation and Missile Command (AMCOM) All locations. (See Note 3). AMC ...... Communications-Electronics Command All locations. (CECOM) (See Note 3). AMC ...... Operations Support Command (See Note 3) .. All locations. AMC ...... Security Assistance Command (See Note 2) .. All locations AMC ...... Simulation, Training, and Instrumentation All locations. Command (STRICOM) (See Note 3). AMC ...... Soldier and Biological Chemical Command (SBCCOM) (See Note 3) All locations.. AMC ...... Tank-Automotive and Armaments Command All locations. (TACOM) (See Note 3). Headquarters, Department of the Army (HQDA) Office of the Auditor General; Office Surgeon Pentagon, Arlington, VA. General; G1; G2; G3; G4; G6; G8. HQDA ...... Army Contracting Agency ...... All locations. Office of the Assistant Secretary of the Army Cost and Economic Analysis Center; SAFMÐ Falls Church, VA; Pentagon, Arlington, VA; (Financial Management and Comptroller). BUI. and all other locations.
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TABLE 1.—ELIGIBLE ORGANIZATIONS—Continued
DoD component/DoD component major organi- zational subdivision Organization/office symbol Locations
Office of the Assistant Secretary of the Army Director of Assessment and Evaluation Ft. Belvoir, VA; Falls Church, VA; Pentagon, (Acquisition, Logistics, and Technology). (SARDÐZD); Deputy Assistant Secretary of Arlington, VA; Radford, VA; and all other lo- the Army for Logistics (SARDÐZL); Deputy cations. Assistant Secretary for Plans/Programs/Pol- icy (SARDÐZR); Deputy Assistant Secretary of the Army for Procurement (SARDÐZP); Deputy Assistant Secretary for Research and Technology (SARDÐZT); Deputy for Systems Management (SARDÐZS); Man- agement Support; SACO and associated of- fices. Medical Command (MEDCOM) ...... Healthcare Acquisition Activity, MEDCOM Ac- Augusta, GA; Honolulu, HI; El Paso, TX; San quisition Activity. Antonio, TX; Seattle, WA; Walter Reed Army Medical Center, Washington, DC; Landstuhl, Germany. MEDCOM ...... Medical Research and Materiel Command Ft. Rucker, AL; Natick, MA; Aberdeen Proving (MRMC) (See Note 3). Ground, MD; Ft. Detrick, MD; Washington, DC. MEDCOM ...... Medical Department Activity ...... Ft. Greeley, AK; Ft. Richardson, AK; Ft. Wain- wright, AK; Ft. Huachuca, AZ; Ft. Carson, CO; Heidelberg, Germany; Ft. Campbell, KY; West Point, NY; Ft. Jackson, SC; Ft. Hood, TX. MEDCOM ...... Army Medical Centers ...... Honolulu, HI; Ft. Bragg, NC; San Antonio, TX; Tacoma, WA; Washington, DC. MEDCOM ...... Center for Health Promotion and Preventive Aberdeen Proving Ground, MD. Medicine. US Army Eighth Army (EUSA) ...... Contracting Command Korea/EAKC ...... Seoul, Korea and all other locations. EUSA ...... Troop Command ...... Seoul, Korea and all other locations. US Army Test and Evaluation Command HQ, ATEC ...... Alexandria, VA. (ATEC). ATEC ...... Operational Test Command (OTC) ...... Ft. Hood, TX and all other locations. ATEC ...... Army Evaluation Center (AEC) ...... Alexandria, VA and all other locations. ATEC ...... Developmental Test Command (DTC) ...... Aberdeen Proving Ground, MD and all other locations. Headquarters, Department of the Army (HQDA) Defense Supply Services Washington Alexandria, VA; Ft. Belvoir, VA; Falls Church, (DSSW)/Joint-DSSW. VA; Washington, DC. National Guard Bureau (NGB) (See Note 4)..... Program Executive Office/Program Manage- Arlington, VA. ment RCAS, NGBÐRCSÐRA. Joint Activities ...... Information Management Support Center ...... Pentagon, Arlington, VA and all other loca- tions. Military Traffic Management Command (MTMC) HQ, MTMC ...... Alexandria, VA. MTMC ...... MTAQ ...... Falls Church, VA and all other locations. MTMC ...... PM Global Freight Management System ...... Alexandria, VA. MTMC ...... 598th Transportation Terminal Group; 599th Yokohama, Japan; Rotterdam, Netherlands; Transportation Terminal Group; 836th Oahu, HI; Fort Eustis, VA; and all other lo- Transportation Terminal Group Deployment cations. Support Command. Space and Missile Defense Command (SMDC) SMDC (See Note 1) ...... Huntsville, AL; Kwajalein Atoll, Marshall Is- lands; Colorado Springs, CO; White Sands Missile Range, NM; Arlington, VA; Fairfax, VA; all other locations. Training and Doctrine Command (TRADOC) .... Headquarters, TRADOC Acquisition Direc- Ft. Monroe, VA. torate and Small and Disadvantaged Busi- ness Utilization Office. TRADOC ...... Directorate of Contracting and TRADOC Con- Ft. Eustis, VA. tracting Activity. TRADOC ...... Directorate of Contracting and Mission Con- Ft. Leavenworth, KS. tracting Activity. TRADOC ...... Directorate of Contracting and Mission Con- Ft. Lee, VA. tracting Activity. TRADOC ...... Directorates of Contracting ...... McClellan, AL; Rucker, AL; Ft. Huachuca, AZ; Presidio at Monterey, CA; Ft. Benning, GA; Ft. Gordon, GA; Ft. Knox, KY; Ft. Leonard Wood, MO; Ft. Sill, OK; Carlisle Barracks, PA; Ft. Jackson, SC; Ft. Bliss, TX; Ft. Lee, VA. Corps of Engineers (COE) ...... Headquarters ...... Washington, DC. COE ...... Regional Headquarters ...... All locations. COE ...... Division, Directorates of Contracting ...... All locations. COE ...... District Contracting Offices ...... All locations.
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TABLE 1.—ELIGIBLE ORGANIZATIONS—Continued
DoD component/DoD component major organi- zational subdivision Organization/office symbol Locations
COE ...... Transatlantic Programs Center, Directorate of All locations. Contracting. COE ...... Humphreys Engineering Center Support Activ- All locations. ity, Contracting Office. COE ...... Marine Design Center ...... All locations. Intelligence and Security Command ...... 704 Military Brigade, Headquarters and Head- All locations. quarters Company; 718th Military Group; HQ, U.S. Army (USA) Intelligence Security Command; USA Element National Security Agency (NSA); USA Foreign Counter Intel- ligence (CI) Activity; USA Land Information Warfare; USA National Ground Intelligence Center (See Note 2). Criminal Investigation Command ...... Headquarters ...... Ft. Belvoir, VA and all other locations. U.S. Army Europe and 7th Army (USAREUR) .. Wiesbaden Contracting Center ...... Wiesbaden, Germany. USAREUR ...... USA Contracting Command Europe ...... Brussels, Belgium; Bad Kreuznach, Germany; Grafenwohr, Germany; Seckenheim, Ger- many; Wiesbaden, Germany; Wuerzburg, Germany; Vicenza, Italy; and all other loca- tions. USAREUR ...... USA Transportation Management Center ...... Grafenwoehr, Germany. USAREUR ...... Southern European Task Force ...... Vicenza, Italy. USAREUR ...... 21st Theater Army Area Command ...... Kaiserslautern, Germany. USAREUR ...... V Corps ...... Heidelberg, Germany. USAREUR ...... 7th Army Training Command ...... Grafenwoehr, Germany. USAREUR ...... 26th Support Group ...... Heidelberg, Germany. Forces Command (FORSCOM) ...... U.S. Army Garrisons (USAGs) ...... Ft. Carson, CO; Ft. McPherson, GA; Ft. Stew- art, GA; Ft. Riley, KS; Ft. Campbell, KY; Ft. Polk, LA; Ft. Bragg, NC; Ft. Hood, TX; Ft. Dix, NJ; Ft. Drum, NY; Ft. Lewis, WA; Ft. McCoy, WI. FORSCOM ...... Reserve Command ...... All locations. FORSCOM ...... Signal Command ...... Ft. Huachuca, Arizona and all other locations. FORSCOM ...... First Army; Third Army; Fifth Army ...... All locations. US Military Academy ...... West Point (See Note 5) ...... West Point, NY. Military District of Washington...... 3rd U.S. Infantry; 12th Aviation Battalion; All locations. Army Signal Activity; Arlington National Cemetery; Joint Personal Property Shipping Office; U.S. Army Band; White House Transportation Agency. U.S. Army National Guard Bureau (ANGB) ...... USPFO Activity (See Note 3) ...... All locations. ANGB ...... State Area Command (See Note 3) ...... All locations. Southern Command ...... U.S. Army Element, Headquarters Southern Miami, FL and all other locations. Command. Recruiting Command ...... USA Recruiting Support Battalions ...... Fort Knox, KY and all other locations. Military Entrance Processing Command Headquarters, USA, MEPCOM ...... North Chicago, IL. (MEPCOM). Total Army Personnel Command ...... Information System Agency, Army Reserve St. Louis, MO. Personnel Center. U.S. Army Pacific (USARPAC) ...... HQ, USARPAC; and subordinate command/ All locations. installations. Office of the Secretary of the Army ...... Immediate Office of the Secretary of the Army Pentagon, Arlington, VA and all other loca- tions. Office of the Secretary of the Army ...... Office of the Administrative Assistant to the Pentagon, Arlington, VA and all other loca- Secretary of the Army. tions. Office of the Secretary of the Army ...... Office of the Chief of Legislative Liaison ...... Pentagon, Arlington, VA and all other loca- tions. Office of the Secretary of the Army ...... Office of Small and Disadvantaged Business Pentagon, Arlington, VA and all other loca- Utilization. tions. Office of the Secretary of the Army ...... Office of Director, Information Systems for Pentagon, Arlington, VA and all other loca- Command Control, Communications, and tions. Computers. Field Operating Offices of the Office of the Army Broadcasting Service ...... Alexandria, VA. Secretary of the Army. Field Operating Offices, Office of the Secretary Cost and Economic Analysis Agency ...... Arlington, VA and all other locations. of the Army. Field Operating Offices, Office of the Secretary Army Safety Center ...... Ft. Rucker, AL and all other locations. of the Army. Field Operating Offices, Office of the Secretary USA War College (See Note 5) ...... Carlisle Barracks, PA and all other locations. of the Army.
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TABLE 1.—ELIGIBLE ORGANIZATIONS—Continued
DoD component/DoD component major organi- zational subdivision Organization/office symbol Locations
Field Operating Offices, Office of the Secretary Communication Electronic Service Office ...... Alexandria, VA and all other locations. of the Army. Special Operations Command ...... Office of the Acquisition Executive and all as- All locations. sociated PEOs and PMs. Joint Activities ...... Army Visual Information Center ...... Pentagon, Arlington, VA and all other loca- tions. Joint Activities ...... Defense Acquisition University (DUA) (See Ft. Belvoir, VA. Note 5).
DEPARTMENT OF THE NAVY
Navy
Assistant Secretary of the Navy (Research, De- (ASN(RD&A)) ...... Arlington, VA. velopment, and Acquisition). Navy International Program Office (NIPO) ...... NIPO ...... Arlington, VA. Naval Supply Systems Command (NAVSUP)... Fleet and Industrial Supply Center, Puget Bremerton, WA. Sound. NAVSUP ...... Fleet and Industrial Supply Center ...... San Diego, CA. Naval Seal Systems Command (NAVSEA)...... TEAM CX (Surface Ship Directorate (SEA Arlington, VA. 91), Program Executive Office Aircraft Car- riers, and Program Executive Office Expedi- tionary Warfare).
Marine Corps
Marine Corps Systems Command Amphibious Vehicle Test Bed (AVTB); Marine Camp Pendleton, CA. (MARCORSYSCOM). Corps Tactical Systems Support Activity (MCTSSA). MARCORSYSCOM ...... Headquarters, Marine Corps Systems Com- Albany, GA; Rock Island, IL; Picatinny Arse- mand (MARCORSYSCOM); CSLE; Pro- nal, NJ; Warren, MI; Quantico, VA. gram Support Section.
DEPARTMENT OF DEFENSE
Office of the Secretary of Defense Office of the ATSD (NCB); DIR, Admin; DIR, API; DDR&E; Pentagon, Arlington, VA. Under Secretary of Defense for Acquisition, DIR, DP; DSB; DUSD (ES); DUSD (AR); Logistics, and Technology (USD(AT&L)). DUSD (AT); DUSD (IA&I); DUSD (I&CP); DUSD (L); DIR, S&TS; DIR, TSE&E; Spec Prog; SADBU. Defense Advanced Research Projects Agency All (See Note 5) ...... Arlington, VA. (DARPA). Defense Logistics Agency ...... All ...... All locations. Missile Defense Agency ...... All ...... Arlington, VA. Defense Contract Management Agency All ...... All locations. (DCMA). Defense Threat Reduction Agency (DTRA) ...... All ...... Arlington, VA; Ft. Belvoir, VA. Defense Information Systems Agency ...... PM DISN System Integration Project ...... Falls Church, VA.
Note 1: Includes all associated PMs and liaison representatives. Note 2: Excludes Defense Civilian Intelligence Personnel System positions. Note 3: Excludes positions covered by another demonstration project that is operating or under development within DoD. Note 4: Only title 5 National Guard Bureau positions are eligible to be included in this demonstration. Note 5: Excludes Administratively Determined pay plan employees.
2. Section II F.: Delete the entire first assigned to work directly with the and production; business, cost paragraph of Section II. F. and replace acquisition workforce. This can include estimating, financial management, and it with the following two paragraphs: positions in the following fields, as well auditing; education, training, and career In determining the scope of the as any other position or group of development; construction; and joint demonstration project, primary positions in acquisition-related fields or development and production with other consideration was given to the number that perform acquisition-related duties: Government agencies and foreign and diversity of occupations within (1) program management; systems governments. the DoD acquisition workforce and (2) planning, research, development, Additionally, in determining the the teams of personnel, more than half engineering, and testing; procurement, scope of the demonstration project, of which consist of members of the including contracting; industrial current DoD human resources acquisition workforce and the property management; logistics; quality management design goals and priorities remainder of supporting personnel control and assurance; manufacturing for the entire civilian workforce were
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considered. While the intent of this SECURITIES AND EXCHANGE For the Commission, by the Division of project is to provide DoD activities with COMMISSION Market Regulation, pursuant to delegated 4 increased control and accountability for authority. their covered workforce, the decision Issuer Delisting; Notice of Application Jonathan G. Katz, was made to restrict development efforts To Withdraw From Listing and Secretary. initially to covered General Schedule Registration on the American Stock [FR Doc. 02–16457 Filed 6–28–02; 8:45 am] (GS) positions. Employees covered Exchange LLC (Magnum Hunter BILLING CODE 8010–01–P under the Performance Management and Resources, Inc.) File No. 1–12508 Recognition System Termination Act June 25, 2002. SECURITIES AND EXCHANGE (pay plan code GM) are General Magnum Hunter Resources, Inc., an COMMISSION Schedule employees and are covered Nevada corporation (‘‘Issuer’’), has filed under the demonstration project. an application with the Securities and Issuer Delisting; Notice of Application 3. Replace current Table 3 and the Exchange Commission (‘‘Commission’’), To Withdraw From Listing and first sentence of the final paragraph of pursuant to section 12(d) of the Registration on the Pacific Exchange, Section II. F. with the following: Securities Exchange Act of 1934 Inc. (Computer Sciences Corporation, (‘‘Act’’) 1 and Rule 12d2–2(d) Common Stock, $1.00 Par Value, and 2 TABLE 3.—DOD ACQUISITION WORK- thereunder, to withdraw its Common Attached Preferred Stock Purchase Stock, $.002 par value (‘‘Security’’), Rights) File No. 1–4850 FORCE DEMOGRAPHICS AND UNION from listing and registration on the REPRESENTATION June 25, 2002. American Stock Exchange LLC (‘‘Amex’’ or ‘‘Exchange’’). Computer Sciences Corporation, a Career Paths: The Issuer stated in its application Nevada corporation, (‘‘Issuer’’), has filed Business Management & Tech- that it has met the requirements of an application with the Securities and nical Management Profes- Amex Rule 18 by complying with all Exchange Commission (‘‘Commission’’), sional ...... 95,821 pursuant to section 12(d) of the applicable laws in effect in the State of Technical Management Support 1,084 Securities Exchange Act of 1934 Nevada, in which it is incorporated, and Administrative Support ...... 3,389 (‘‘Act’’) 1 and Rule 12d2–2(d) with the Amex’s rules governing an thereunder,2 to withdraw its Common issuer’s voluntary withdrawal of a Total ...... *100,294 Stock, $1.00 par value, and Attached security from listing and registration. Preferred Stock Purchase Rights On June 7, 2002, the Board of Trustees DoD Components: (expiring February 18, 2008) (‘‘Board’’) of the Issuer approved a DoD Agencies ...... 23,574 (‘‘Securities’’), from listing and resolution to withdraw the Issuer’s Air Force ...... 16,969 registration on the Pacific Exchange, Security from listing on the Amex. In Army ...... 33,180 Inc. (‘‘PCX’’ or ‘‘Exchange’’). Navy ...... 25,823 making the decision to withdraw its The Board of Directors (‘‘Board’’) of Marine Corps ...... 748 Security from the Amex, the Board the Issuer approved a resolution on considered the direct and indirect costs April 16, 2002 to withdraw its Total ...... *100,294 and the division of the market resulting Securities from listing on the Exchange. from dual listing on AMEX and New Occupational Families 22. In making the decision to withdraw the York Stock Exchange, Inc. (‘‘NYSE’’). Security from listing and registration on Percentage of Veterans 26.9%. The Issuer stated in its application that Union Affiliation 54,944. the PCX, the Issuer states that it does trading in the Security began on the not perceive any benefit of continued * These figures are as of February 25, 2002. NYSE on June 25, 2002. listing of the Securities on the PCX and The Issuer’s application relates solely that less than 1% of the Common Stock Although more than 100,000 to the Security’s withdrawal from listing sold in open market transactions are employees have been identified for on the Amex and shall have no affect traded on the PCX. The Issuer will eligibility to participate in this upon the Security’s continued listing on continue to list its Securities on the demonstration project, the project is the NYSE and registration under Section New York Stock Exchange, Inc. limited by statute to a maximum of 12(b) of the Act.3 (‘‘NYSE’’). 95,000 participants at any given time. Of Any interested person may, on or The Issuer’s application relates solely the approximately 100,000 personnel before July 15, 2002, submit by letter to to the withdrawal of the Securities from currently eligible to participate in the the Secretary of the Securities and listing on the PCX and shall have no project, 55 percent are represented by Exchange Commission, 450 Fifth Street, affect upon the Securities’ continued NW., Washington, DC 20549–0609, facts labor unions. The American Federation listing on the NYSE and registration bearing upon whether the application 3 of Government Employees (AFGE), the under section 12(b) of the Act. has been made in accordance with the National Federation of Federal Any interested person may, on or rules of the Amex and what terms, if before July 15, 2002, submit by letter to Employees (NFFE), and the National any, should be imposed by the the Secretary of the Securities and Association of Government Employees Commission for the protection of Exchange Commission, 450 Fifth Street, (NAGE) represent the vast majority of investors. The Commission, based on NW, Washington, DC 20549–0609, facts bargaining unit employees. the information submitted to it, will bearing upon whether the application [FR Doc. 02–16603 Filed 6–27–02; 12:18 pm] issue an order granting the application has been made in accordance with the BILLING CODE 6325–43–P after the date mentioned above, unless rules of the PCX and what terms, if any, the Commission determines to order a should be imposed by the Commission hearing on the matter. 4 17 CFR 200.30–3(a)(1). 1 15 U.S.C. 78L(d). 1 15 U.S.C. 78l(d). 2 17 CFR 240.12d2–2(d). 2 17 CFR 240.12d2–2(d). 3 15 U.S.C. 78l(b). 3 15 U.S.C. 78l(b).
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for the protection of investors. The Percent Dated: June 25, 2002. Commission, based on the information Herbert L. Mitchell, submitted to it, will issue an order Others (Including Non-Prof- Associate Administrator for Disaster granting the application after the date it Organizations) With Assistance. Credit Available Else- mentioned above, unless the [FR Doc. 02–16521 Filed 6–28–02; 8:45 am] where ...... 6.375 Commission determines to order a BILLING CODE 8025–01–P 4 For Economic Injury: Busi- hearing on the matter. nesses and Small Agricultural For the Commission, by the Division of Cooperatives Without Credit Market Regulation, pursuant to delegated Available Elsewhere ...... 3.500 DEPARTMENT OF TRANSPORTATION authority. Office of the Secretary Jonathan G. Katz, The number assigned to this disaster Secretary. for physical damage is 342605. For Proposed Agency Information [FR Doc. 02–16454 Filed 6–28–02; 8:45 am] economic injury the number is 9Q3200 Collection Activities; Comment BILLING CODE 8010–01–P for Arizona; 9Q3300 for Colorado; Request 9Q3400 for New Mexico; and 9Q3500 for Utah. AGENCY: Federal Railroad Administration, DOT. SMALL BUSINESS ADMINISTRATION (Catalog of Federal Domestic Assistance Program Nos. 59002 and 59008) ACTION: Notice and request for comments. [Declaration of Disaster #3426] Dated: June 25, 2002. Herbert L. Mitchell, SUMMARY: In compliance with the State of Arizona Associate Administrator, for Disaster Paperwork Reduction Act of 1995 (44 Assistance. As a result of the President’s major U.S.C. 3501 et seq.), this notice [FR Doc. 02–16522 Filed 6–28–02; 8:45 am] disaster declaration on June 25, 2002, I announces that the Information find that Apache and Navajo Counties BILLING CODE 8025–01–P Collection Requirement (ICR) abstracted and the Fort Apache Indian Reservation below has been forwarded to the Office of Management and Budget (OMB) for in the State of Arizona constitute a SMALL BUSINESS ADMINISTRATION disaster area due to damages caused by review and comment. The ICR describes wildfires occurring on June 18, 2002 the nature of the information collection and continuing. Applications for loans [Declaration of Disaster #3423] and its expected burden. The Federal for physical damage as a result of this Register notice with a 60-day comment State of Minnesota; Amendment # 1 disaster may be filed until the close of period soliciting comments on the following collection of information was business on August 24, 2002 and for In accordance with a notice received economic injury until the close of published on April 22, 2002 (67 FR from the Federal Emergency 19614) business on March 25, 2003 at the Management Agency, dated June 24, address listed below or other locally 2002, the above-numbered Declaration DATES: Comments must be submitted on announced locations: is hereby amended to include Kittson, or before July 31, 2002. U.S. Small Business Administration, Koochiching, Lake of the Woods, FOR FURTHER INFORMATION CONTACT: Mr. Disaster Area 4 Office, P.O. Box 13795, Mahnomen, Marshall, Norman and Red Robert Brogan, Office of Planning and Sacramento, CA 95853–4795. Lake Counties in the State of Minnesota Evaluation Division, RRS–21, Federal In addition, applications for economic as a disaster area due to damages caused Railroad Administration, 1120 Vermont injury loans from small businesses by severe storms, flooding and Ave., NW., Mail Stop 17, Washington, located in the following contiguous tornadoes occurring on June 9, 2002 and DC 20590 (telephone: (202) 493–6292) counties may be filed until the specified continuing. or Debra Steward, Office of Information date at the above location: Coconino, Technology and Support Systems, Gila, Graham and Greenlee Counties in In addition, applications for economic RAD–20, Federal Railroad the State of Arizona; Montezuma injury loans from small businesses Administration, 1120 Vermont Ave., County in the State of Colorado; Catron, located in the following contiguous NW., Mail Stop 35, Washington, DC Cibola, McKinley and San Juan Counties counties may be filed until the specified 20590 (telephone: (202) 493–6139). in the State of New Mexico; and San date at the previously designated (These telephone numbers are not toll- Juan County in the State of Utah. location: Becker, Clay, Clearwater, free.) The interest rates are: Itasca, Pennington, Polk and St. Louis Counties in Minnesota; and Cass, Grand SUPPLEMENTARY INFORMATION: The Percent Forks, Pembina, Traill and Walsh Paperwork Reduction Act of 1995 Counties in North Dakota. All other (PRA), Pub. L. 104–13, § 2, 109 Stat. 163 For Physical Damage: Percent counties contiguous to the above-names (1995) (codified as revised at 44 U.S.C. Homeowners With Credit primary counties have been previously 3501–3520), and its implementing Available Elsewhere ...... 6.750 declared. regulations, 5 CFR part 1320, require Homeowners Without Federal agencies to issue two notices Credit Available Else- The economic injury number assigned seeking public comment on information where ...... 3.375 to North Dakota is 9Q3100. collection activities before OMB may Businesses With Credit All other information remains the Available Elsewhere ...... 7.000 approve paperwork packages. 44 U.S.C. Businesses and Non-Profit same, i.e., the deadline for filing 3506, 3507; 5 CFR 1320.5, 1320.8(d)(1), Organizations Without applications for physical damage is 1320.12. On April 22, 2002, FRA Credit Available Else- August 13, 2002 and for economic published a 60-day notice in the Federal where ...... 3.500 injury the deadline is March 14, 2003. Register soliciting comment on ICRs (Catalog of Federal Domestic Assistance that the agency was seeking OMB 4 17 CFR 200.30–3(a)(1). Program Nos. 59002 and 59008) approval. 67 FR 19614. FRA received no
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comments after issuing this notice. whether the information will have Scandinavia, Switzerland). Intended Accordingly, DOT announces that these practical utility; the accuracy of the effective date: August 1, 2002. information collection activities have Department’s estimate of the burden of Dorothy Y. Beard, been re-evaluated and certified under 5 the proposed information collection; CFR 1320.5(a) and forwarded to OMB ways to enhance the quality, utility, and Federal Register Liaison. for review and approval pursuant to 5 clarity of the information to be [FR Doc. 02–16503 Filed 6–28–02; 8:45 am] CFR 1320.12(c). collected; and ways to minimize the BILLING CODE 4910–62–P Before OMB decides whether to burden of the collection of information approve these proposed collections of on respondents, including the use of DEPARTMENT OF TRANSPORTATION information, it must provide 30 days for automated collection techniques or public comment. 44 U.S.C. 3507(b); 5 other forms of information technology. Office of the Secretary CFR 1320.12(d). Federal law requires A comment to OMB is best assured of OMB to approve or disapprove having its full effect if OMB receives it Notice of Applications for Certificates paperwork packages between 30 and 60 within 30 days of publication of this of Public Convenience and Necessity days after the 30-day notice is notice in the Federal Register. and Foreign Air Carrier Permits Filed published. 44 U.S.C. 3507 (b)–(c); 5 CFR Under Subpart B (Formerly Subpart Q) 1320.12(d); see also 60 FR 44978, 44983, Authority: 44 U.S.C. 3501–3520. During the Week Ending June 21, 2002 Aug. 29, 1995. OMB believes that the Issued in Washington, DC on June 25, 30-day notice informs the regulated 2002. The following Applications for community to file relevant comments Certificates of Public Convenience and Kathy A. Weiner, and affords the agency adequate time to Necessity and Foreign Air Carrier digest public comments before it Director, Office of Information Technology Permits were filed under subpart B renders a decision. 60 FR 44983, Aug. and Support Systems, Federal Railroad (formerly Subpart Q) of the Department Administration. 29, 1995. Therefore, respondents should of Transportation’s Procedural submit their respective comments to [FR Doc. 02–16473 Filed 6–28–02; 8:45 am] Regulations (See 14 CFR 301.201 et. OMB within 30 days of publication to BILLING CODE 4910–06–P seq.). The due date for Answers, best ensure having their full effect. 5 Conforming Applications, or Motions to CFR 1320.12(c); see also 60 FR 44983, Modify Scope are set forth below for Aug. 29, 1995. DEPARTMENT OF TRANSPORTATION each application. Following the Answer The summaries below describe the period DOT may process the application nature of the information collection Office of the Secretary by expedited procedures. Such procedures may consist of the adoption requirements (ICRs) and the expected Aviation Proceedings, Agreements of a show-cause order, a tentative order, burden. The updated requirements are Filed During the Week Ending June 21, or in appropriate cases a final order being submitted for clearance by OMB 2002 as required by the PRA. without further proceedings. Title: Supplemental Qualifications The following Agreements were filed Docket Number: OST–2002–12543. Statement for Railroad Safety Inspector with the Department of Transportation Date Filed: June 20, 2002. Applicants. under the provisions of 49 U.S.C. 412 Due Date for Answers, Conforming OMB Control Number: 2130–0517. Applications, or Motion to Modify Type of Request: Extension of a and 414. Answers may be filed within 21 days after the filing of the Scope: July 11, 2002. currently approved collection. Description: Application of Hageland Affected Public: Individuals or application. Aviation Services, Inc., pursuant to Households. Docket Number: OST–2002–12532. section 401(d) and subpart B, requesting Form(s): FRA–F–120. Abstract: The Supplemental Date Filed: June 19, 2002. a certificate of public convenience and Qualifications Statement for Railroad Parties: Members of the International necessity to engage in interstate Safety Inspector Applicants is an Air Transport Association. scheduled air transportation of persons, information collection instrument used property, and mail between any point in Subject: PTC31 SOUTH 0125 dated any State in the United States or District by FRA to gather additional background May 28, 2002, South Pacific (except data so that FRA can evaluate the of Columbia, or any Territory or between New Zealand and USA), Possession of the United States, and any qualifications of applicants for the Resolutions r1–r34. PTC31 SOUTH 0126 position of Railroad Safety Inspector. other point in any State of the United dated May 28, 2002, South Pacific States or District of Columbia, or any The questions cover a wide range of between New Zealand and USA general and specialized skills, abilities, Territory or Possession of the United Resolutions, r35–r47. Minutes—PTC31 States. and knowledge of the five types of SOUTH 0127 dated June 4, 2002. Docket Number: OST–2002–12551. railroad safety inspector positions. Tables—PTC31 SOUTH Fares 0029 Date Filed: June 21, 2002. Annual Estimated Burden Hours: dated June 11, 2002. Intended effective Due Date for Answers, Conforming 6,000 hours. date: October 1, 2002. Addressee: Send comments regarding Applications, or Motion to Modify this information collection to the Office Docket Number: OST–2002–12546. Scope: July 12, 2002. of Information and Regulatory Affairs, Date Filed: June 20, 2002. Description: Application of Air Office of Management and Budget, 725 Memphis, pursuant to 49 U.S.C. section Seventeenth Street, NW., Washington, Parties: Members of the International 41302, part 211 and subpart B, DC, 20503, Attention: FRA Desk Officer. Air Transport Association. requesting a foreign air carrier permit to Comments are invited on the Subject: PTC12 USA–EUR 0137 dated engage in charter air transportation of following: Whether the proposed June 18, 2002, North Atlantic–USA– property and mail between a point or collection of information is necessary Europe Resolution 002ab, (except points in the Arab Republic of Egypt, for the proper performance of the between USA and Austria, Belgium, and a point or points in the United functions of the Department, including Germany, Iceland, Italy, Netherlands, States, including service via
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intermediate stops, beginning on or information and highlight the issues DATES: The exemption granted by this about July 12, 2002. that affect the flow of cargo through U.S. notice is effective beginning with model shallow draft marine ports and year (MY) 2003. Dorothy Y. Beard, terminals. FOR FURTHER INFORMATION CONTACT: Ms. Federal Register Liaison. Annual Estimated Burden Hours: 22.5 Rosalind Proctor, Office of Planning and [FR Doc. 02–16514 Filed 6–28–02; 8:45 am] hours. Consumer Programs, NHTSA, 400 BILLING CODE 4910–62–P Seventh Street, SW., Washington DC ADDRESSES: Send comments to the 20590. Ms. Proctor’s phone number is Office of Information and Regulatory (202) 366–0846. Her fax number is (202) Affairs, Office of Management and DEPARTMENT OF TRANSPORTATION 493–2290. Budget, 725 17th Street, NW., Maritime Administration Washington, DC 20503, Attention SUPPLEMENTARY INFORMATION: In a MARAD Desk Officer. petition dated January 24, 2002, Isuzu Motors America, Inc. (Isuzu), on behalf Reports, Forms and Recordkeeping Comments Are Invited on: (a) of Isuzu Motors Limited, Tokyo, Japan Requirements; Agency Information Whether the proposed collection of requested exemption from the parts- Collection Activity Under OMB Review information is necessary for the proper marking requirements of the theft performance of the functions of the AGENCY: Maritime Administration, DOT. prevention standard (49 CFR part 541) agency, including whether the ACTION: Notice and request for for the Isuzu Axiom vehicle line, information will have practical utility; comments. beginning with MY 2003. The petition (b) the accuracy of the agency’s estimate requested an exemption from parts- SUMMARY of the burden of the proposed : In compliance with the marking pursuant to 49 CFR part 543, information collection; (c) ways to Paperwork Reduction Act of 1995 (44 Exemption from Vehicle Theft enhance the quality, utility and clarity U.S.C. 3501 et seq.), this notice Prevention Standard, based on the of the information to be collected; and announces that the Information installation of an antitheft device as (d) ways to minimize the burden of the Collection abstracted below has been standard equipment for the entire collection of information on forwarded to the Office of Management vehicle line. and Budget (OMB) for review and respondents, including the use of Section 33106(b)(2)(D) of Title 49, comment. The nature of the information automated collection techniques or United States Code, authorized the collection is described as well as its other forms of information technology. Secretary of Transportation to grant an expected burden. The Federal Register A comment to OMB is best assured of exemption from the parts-marking Notice with a 60-day comment period having its full effect if OMB receives it requirements for not more than one soliciting comments on the following within 30 days of publication. additional line of a manufacturer for collection of information was published Issued in Washington, DC, on June 25, MYs 1997—2000. However, it does not on March 6, 2002. No comments were 2002. address the contingency of what to do received. Joel C. Richard, after model year 2000 in the absence of DATES: Comments must be submitted on Secretary, Maritime Administration. a decision under Section 33103(d). 49 or before July 31, 2002. [FR Doc. 02–16470 Filed 6–28–02; 8:45 am] U.S.C. § 33103(d)(3) states that the FOR FURTHER INFORMATION CONTACT: Evie BILLING CODE 4910–81–P number of lines for which the agency Chitwood, Maritime Administration, can grant an exemption is to be decided 400 Seventh Street, SW., Washington, after the Attorney General completes a DC 20590; telephone: 202–366–5127; DEPARTMENT OF TRANSPORTATION review of the effectiveness of antitheft FAX: 202–366-6988, or e-mail: devices and finds that antitheft devices [email protected]. Copies of National Highway Traffic Safety are an effective substitute for parts- this collection can also be obtained from Administration marking. The Attorney General has not that office. yet made a finding and has not decided SUPPLEMENTARY INFORMATION: Maritime Petition for Exemption from the the number of lines, if any, for which Administration (MARAD). Federal Motor Vehicle Motor Theft the agency will be authorized to grant Title: Intermodal Access to Shallow Prevention Standard; Isuzu an exemption. Upon consultation with Draft Ports and Terminals Survey. the Department of Justice, we AGENCY: National Highway Traffic OMB Control Number: 2133–NEW. determined that the appropriate reading Type of Request: Approval of a new Safety Administration (NHTSA), of Section 33103(d) is that the National request. Department of Transportation (DOT) Highway Traffic Safety Administration Affected Public: Officials at the ACTION: Grant of petition for exemption. (NHTSA) may continue to grant parts- Nation’s key shallow draft marine ports marking exemptions for not more than and terminals. SUMMARY: This document grants in full one additional model line each year, as Form(s): MA–1024B. the petition of Isuzu Motors America, specified for model years 1997–2000 by Abstract: The Maritime Inc. (Isuzu) for an exemption of a high- 49 U.S.C. 33106(b)(2)(C). This is the Administration (MARAD) has primary theft line, the Isuzu Axiom, from the level contemplated by the Act for the responsibility for ensuring the parts-marking requirements of the period before the Attorney General’s availability of efficient water Federal Motor Vehicle Theft Prevention decision. The final decision on whether transportation service to shippers and Standard. This petition is granted to continue granting exemptions will be consumers. This information collection because the agency has determined that made by the Attorney General at the is designed to be a survey of critical the antitheft device to be placed on the conclusion of the review pursuant to infrastructure issues that impact the line as standard equipment is likely to Section 330103(d)(3). Nation’s shallow draft marine ports and be as effective in reducing and deterring Isuzu’s submission is considered a terminals. The survey will provide motor vehicle theft as compliance with complete petition as required by 49 CFR MARAD with key road, rail, and the parts-marking requirements of the 543.7, in that it meets the general waterside access data as well as security Theft Prevention Standard. requirements contained in § 543.5 and
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the specific content requirements of engine using the properly coded Cadillac Seville are 1.6998 and 2.4141, § 543.6. ignition key. When the ignition key is respectively, in MYs 1998 and 1999. In its petition, Isuzu provided a turned to the start position, the Isuzu contends that two lines have very detailed description and diagram of the transponder (located in the head of the low theft rates in spite of the fact that identity, design, and location of the key) transmits a code to the powertrain’s they are not equipped with audible or components of the antitheft device for electronic control module. The vehicle’s visible indicators to protect the vehicle the new vehicle line. Isuzu will install engine can only be started if the against unauthorized entry. In further its antitheft device as standard transponder code matches the code support of its request for petition for equipment on the MY 2003 Isuzu previously programmed into the exemption, Isuzu also identified five Axiom carline. The antitheft device powertrain’s electronic control module. other vehicle lines (Cadillac Deville, installed on the Isuzu Axiom includes If the code does not match, the engine Pontiac Bonneville, Buick LeSabre, both an audible and visual alarm and an will be disabled. If the correct code is Oldsmobile Aurora, and Chevrolet engine immobilizer system. not transmitted to the electronic control Venture) that are all equipped with the The alarm system consists of the module (accomplished only by having PASS-Key III device and have been conventional ignition switch, alarm the correct key), there is no way to granted full exemptions from the parts- controller, door key switches, door lock mechanically override the system and marking requirements. switches, door switches, engine hood start the vehicle. On the basis of this comparison, Isuzu switch and horn. The normal locking of Isuzu stated that there are has concluded that the proposed the vehicle door automatically activates approximately seven quadrillion unique antitheft device is no less effective than the alarm system. In order to arm the electrical key codes. The security code those devices installed on lines for device, the key must be removed from is a four-digit unique electronic number, which NHTSA has already granted full the ignition switch, all of the doors and which is written at the end of the Axiom exemption from the parts-marking engine hood must be closed and the production line on a ‘‘CAR PASS’’ card, requirements. driver’s door must be locked with the which is handed over to the owner of Based on the evidence submitted by ignition key. An indicator light within the vehicle only. The security code Isuzu, the agency believes that the the vehicle informs the vehicle operator should prevent the immobilizer ECU antitheft device for the Isuzu Axiom whether the device is armed, disarmed from being changed without the vehicle line is likely to be as effective or alarmed. approval of the vehicle owner. Without in reducing and deterring motor vehicle Once armed, switches in the vehicle’s this security code, a diagnostic tool has theft as compliance with the parts- doors, key cylinders and hood monitor no access to important immobilizer marking requirements of the Theft the vehicle for unauthorized entry. functions or the transponder. Prevention Standard (49 CFR part 541). Isuzu stated that all system components In order to ensure the reliability and The agency concludes that the device have been placed in inaccessible durability of the device, Isuzu will provide the types of performance locations. If the device is armed and conducted tests based on its own listed in ‘‘543.6(a)(3): Promoting unauthorized entry is attempted by specified standards conducted and activation; attracting attention to the opening any of the doors or the engine stated its belief that the device is efforts of unauthorized persons to enter hood, releasing the inside door lock reliable and durable since it has or operate a vehicle by means other than knob, operating the inside engine hood complied with Isuzu’s specified a key; preventing defeat or release handle or the power door lock requirements for each test. Isuzu circumvention of the device by button, the antitheft device will be provided a detailed list of the unauthorized persons; preventing triggered. The alarm system will operate component and on-line tests that were operation of the vehicle by to sound the horn installed exclusively conducted: general performance, unauthorized entrants; and ensuring the for this system and flash the headlights. temperature and voltage combination reliability and durability of the device. The alarm will cycle for approximately tests, vibration tests, thermal shock, As required by 49 U.S.C. 33106 and three minutes and then shut down in field decay, electromagnetic 49 CFR part 543.6(a)(4) and (5), the order to prevent the battery from compatibility, corrosion resistance and agency finds that Isuzu has provided becoming discharged. Even if the alarm high speed durability. adequate reasons for its belief that the shuts down, the system will remain Isuzu reported that the proposed antitheft device will reduce and deter armed. alarm system is identical to the system theft. This conclusion is based on the Unlocking either the driver’s door or installed on the Acura SLX as standard information Isuzu provided about its the tailgate door with the ignition key equipment. The Acura SLX was granted antitheft device. deactivates the antitheft device. an exemption from the parts marking For the foregoing reasons, the agency Inserting the key in the ignition switch requirements of the Federal Motor hereby grants in full Isuzu’s petition for and rotating the key to the ‘‘ACC’’ Vehicle Theft Prevention Standard an exemption for the MY 2003 Isuzu position will also disarm the device. beginning with the 1997 model year (96 Axiom vehicle line from the parts- The remote control is used like the key FR 24852). marking requirements of 49 CFR part to lock or unlock the vehicle door. The Additionally, Isuzu states the Axiom 541. If Isuzu decides not to use the remote control will not take the place of immobilizer is a system similar to the exemption for this line, it should the key. However, it can be used to lock General Motors’ ‘‘PASS-Key III’’ device formally notify the agency. If such a and unlock the vehicle door, arm and installed on the MY 1997 Buick Park decision is made, the line must be fully disarm the alarm system, and deactivate Avenue and MY 1998 Cadillac Seville marked according to the requirements the alarm. vehicle lines. The agency granted the under 49 CFR 541.5 and 541.6 (marking The engine immobilizer system MY 1997 Buick Park Avenue and the of major component parts and consists of an immobilizer electronic MY 1998 Cadillac Seville a full replacement parts). control unit (ECU), antenna coil, exemption from the parts-marking NHTSA notes that if Isuzu wishes in transponder, powertrain control module requirements. The theft rates for the the future to modify the device on (PCM) and immobilizer security card. Buick Park Avenue are 0.4702, 1.2900 which this exemption is based, the Isuzu’s antitheft device is activated and 1.3021, respectively, in MYs 1997, company may have to submit a petition when the driver/operator turns off the 1998 and 1999. The theft rates for the to modify the exemption. § 543.7(d)
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states that a Part 543 exemption applies with any U.S. District Court or has been and historic preservation matters must only to vehicles that belong to a line decided in favor of complainant within be filed within 15 days after the EA exempted under this part and equipped the 2-year period; and (4) the becomes available to the public. with the antitheft device on which the requirements at 49 CFR 1105.7 Environmental, historic preservation, line’s exemption is based. Further, (environmental reports), 49 CFR 1105.8 public use, or trail use/rail banking § 543.9(c)(2) provides for the submission (historic reports), 49 CFR 1105.11 conditions will be imposed, where of petitions Ato modify an exemption to (transmittal letter), 49 CFR 1105.12 appropriate, in a subsequent decision. permit the use of an antitheft device (newspaper publication), and 49 CFR Pursuant to the provisions of 49 CFR similar to but differing from the one 1152.50(d)(1) (notice to governmental 1152.29(e)(2), BNSF shall file a notice of specified in that exemption.’’ agencies) have been met. consummation with the Board to signify The agency wishes to minimize the As a condition to this exemption, any that it has exercised the authority administrative burden that § 543.9(c)(2) employee adversely affected by the granted and fully abandoned the line. If could place on exempted vehicle abandonment and discontinuance shall consummation has not been effected by manufacturers and itself. The agency be protected under Oregon Short Line R. BNSF’s filing of a notice of did not intend in drafting Part 543 to Co.—Abandonment—Goshen, 360 I.C.C. consummation by July 1, 2003, and require the submission of a modification 91 (1979). To address whether this there are no legal or regulatory barriers petition for every change to the condition adequately protects affected to consummation, the authority to components or design of an antitheft employees, a petition for partial abandon will automatically expire. device. The significance of many such revocation under 49 U.S.C. 10502(d) Board decisions and notices are changes could be de minimis. Therefore, must be filed. Provided no formal available on our website at NHTSA suggests that if the expression of intent to file an offer of WWW.STB.DOT.GOV. manufacturer contemplates making any financial assistance (OFA) has been Decided: June 25, 2002. received, this exemption will be changes the effects of which might be By the Board, David M. Konschnik, characterized as de minimis, it should effective on July 31, 2002, unless stayed Director, Office of Proceedings. pending reconsideration. Petitions to consult the agency before preparing and Vernon A. Williams, submitting a petition to modify. stay that do not involve environmental issues,1 formal expressions of intent to Secretary. Authority: 49 U.S.C. 33106; delegation of [FR Doc. 02–16456 Filed 6–28–02; 8:45 am] authority at 49 CFR 1.50. file an OFA under 49 CFR 1152.27(c)(2),2 and trail use/rail banking BILLING CODE 4915–00–P Issued on: June 26, 2002. requests under 49 CFR 1152.29 must be Stephen R. Kratzke, filed by July 11, 2002. Petitions to Associate Administrator for Safety reopen or requests for public use DEPARTMENT OF THE TREASURY Performance Standards. conditions under 49 CFR 1152.28 must [Treasury Order Number 101–05] [FR Doc. 02–16471 Filed 6–28–02; 8:45 am] be filed by July 22, 2002, with: Surface BILLING CODE 4910–59–P Transportation Board, 1925 K Street, Reporting Relationships and NW., Washington, DC 20423. Supervision of Officials, Offices and A copy of any petition filed with the Bureaus, and Delegation of Certain DEPARTMENT OF TRANSPORTATION Board should be sent to applicant’s Authority in the Department of the representative: Michael Smith, Freeborn Treasury Surface Transportation Board & Peters, 311 S. Wacker Dr., Suite 3000, [STB Docket No. AB–6 (Sub–No. 394X)] Chicago, IL 60606–6677. By virtue of the authority vested in If the verified notice contains false or the Secretary of the Treasury, it is The Burlington Northern and Santa Fe misleading information, the exemption ordered that: Railway Company—Abandonment is void ab initio. 1. The Deputy Secretary shall report Exemption—in Burke and Williams BNSF has filed an environmental directly to the Secretary. Counties, ND report which addresses the 2. The Chief of Staff shall report abandonment’s effects, if any, on the directly to the Secretary and shall The Burlington Northern and Santa Fe environment and historic resources. exercise supervision over the Director, Railway Company (BNSF) has filed a SEA will issue an environmental Secretary’s Scheduling Office, and the notice of exemption under 49 CFR 1152 assessment (EA) by July 5, 2002. Executive Secretary. subpart F—Exempt Abandonments to Interested persons may obtain a copy of 3. The Executive Secretary shall abandon and discontinue service over a the EA by writing to SEA (Room 500, report directly to the Chief of Staff and 60.51-mile line of railroad between Surface Transportation Board, shall exercise supervision over the milepost 26.59 in Powers Lake, and Washington, DC 20423) or by calling functions of the Executive Secretariat milepost 87.10 in Grenora, in Burke and SEA, at (202) 565–1552. [TDD for the Correspondence Unit; the Office of Williams Counties, ND. The line hearing impaired is available at 1–800– Public Correspondence; and, for traverses United States Postal Service 877–8339.] Comments on environmental purposes of administrative and Zip Codes 58845, 58856, 58830, 58795, managerial control, over the Special 58755, and 58773. 1 The Board will grant a stay if an informed Assistant to the Secretary (National BNSF has certified that: (1) No local decision on environmental issues (whether raised Security). The Special Assistant to the traffic has moved over the line for at by a party or by the Board’s Section of Secretary (National Security) shall least 2 years; (2) there is no overhead Environmental Analysis (SEA) in its independent report to the Secretary and the Deputy investigation) cannot be made before the traffic to be rerouted; (3) no formal exemption’s effective date. See Exemption of Out- Secretary. complaint filed by a user of rail service of-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any 4. The following officials shall report on the line (or by a state or local request for a stay should be filed as soon as possible through the Deputy Secretary to the government entity acting on behalf of so that the Board may take appropriate action before Secretary and shall exercise supervision the exemption’s effective date. such user) regarding cessation of service 2 Each offer of financial assistance must be over those officers and organizational over the line either is pending with the accompanied by the filing fee, which as of April 8, entities set forth on the attached Surface Transportation Board (Board) or 2002, is set at $1,100. See 49 CFR 1002.2(f)(25). organizational chart:
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Under Secretary (International Affairs) 13011, dated July 16, 1996, and shall 10. The Deputy Secretary shall carry Under Secretary (Domestic Finance) have direct access to the Secretary to the out the duties and powers of the Under Secretary (Enforcement) extent required by that Act and related Secretary when the Secretary is absent General Counsel statutes. or unable to serve, or when the office of Treasurer of the United States 8. The Deputy Secretary is authorized, the Secretary is vacant. Assistant Secretary (Legislative Affairs) in that official’s own capacity and that 11. During any period when both the Assistant Secretary (Public Affairs) official’s own title, to perform any Secretary and the Deputy Secretary have Assistant Secretary (Economic Policy) functions the Secretary is authorized to Assistant Secretary (Tax Policy) died, resigned, or are otherwise unable perform and shall be responsible for to perform the functions and duties of Assistant Secretary (Management) and referring to the Secretary any matter on Chief Financial Officer the office of the Secretary of the which action would appropriately be Treasury, those officials designated by Commissioner of Internal Revenue taken by the Secretary. Any action Comptroller of the Currency the President pursuant to Executive heretofore taken by the Deputy Order 13246, dated December 18, 2001, Director, Office of Thrift Supervision Secretary in that official’s own title is as amended by Executive Order 13261, Director, Bureau of Engraving and hereby affirmed and ratified as the dated March 19, 2002, or otherwise Printing action of the Secretary. Director, United States Mint 9. The Under Secretaries, the General designated pursuant to law, shall act as 5. The Inspector General and the Counsel, the Assistant Secretaries, and and perform the functions and duties of Treasury Inspector General for Tax the Treasurer of the United States are the office of the Secretary. Administration shall report to and be authorized to perform any functions the 12. Authorities. under the general supervision of the Secretary is authorized to perform. Each a. 31 U.S.C. 301 and 321(b); and Secretary and the Deputy Secretary. of these officials will ordinarily perform b. Executive Order 13246, dated 6. The Assistant Secretary under this authority only those December 18, 2001, as amended by (Management) also holds the office of functions that arise out of, relate to, or Executive Order 13261, dated March 19, the Department’s Chief Financial Officer concern the activities or functions of, or 2002. established pursuant to Chapter 9, Title the laws administered by or relating to, 31, U.S.C., and serves as the the bureaus, offices, or other 13. Cancellation. Treasury Order 101– Department’s Chief Operating Officer for organizational units over which the 05, ‘‘Reporting Relationships and purposes of the Presidential incumbent has supervision. Each of Supervision of Officials, Offices and Memorandum, ‘‘Implementing these officials shall perform under this Bureaus, Delegation of Certain Government Reform’’, dated July 11, authority in the official’s own capacity Authority, and Order of Succession in 2001. and the official’s own title and shall be the Department of the Treasury,’’ dated 7. The Deputy Assistant Secretary responsible for referring to the Secretary January 7, 1999, is superseded. (Information Systems), reporting to the any matter on which action would 14. Office of Primary Interest. Deputy Assistant Secretary for Management and appropriately be taken by the Secretary. Assistant Secretary (Human Resources). Chief Financial Officer, is designated as Any action heretofore taken by any of Paul H. O’Neill, the Department’s Chief Information these officials in that official’s own title Officer pursuant to Division E of the is hereby affirmed and ratified as the Secretary of the Treasury. Clinger-Cohen Act of 1996, and E.O. action of the Secretary. BILLING CODE 4810–25–P
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VerDate May<23>2002 23:22 Jun 28, 2002 Jkt 197001 PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 E:\FR\FM\01JYN1.SGM pfrm17 PsN: 01JYN1 EN01JY02.000 44264 Federal Register / Vol. 67, No. 126 / Monday, July 1, 2002 / Notices
[FR Doc. 02–16405 Filed 6–28–02; 8:45 am] Request for Comments 26106–1328. A copy of this Notice will BILLING CODE 4810–25–C Comments submitted in response to be available to download from http:// this notice will be summarized and/or www.publicdebt.treas.gov. included in the request for OMB DEPARTMENT OF THE TREASURY DATES: This notice announces the approval. All comments will become a applicable interest rate for the July 1, Bureau of Engraving and Printing matter of public record. Comments are 2002 to December 31, 2002 period. invited on: (a) Whether the collection of Proposed Collection; Comment information is necessary for the proper FOR FURTHER INFORMATION CONTACT: Request performance of the functions of the Rank Dunn, Manager, Debt Accounting agency, including whether the Branch, Office of Public Debt ACTION: Notice and request for information shall have practical utility; Accounting, Bureau of the Public Debt, comments. (b) the accuracy of the agency’s estimate Parkersburg, West Virginia, 26106–1328, of the burden of the collection of (304) 480–5170; Eleanor Farrar, Team SUMMARY: The Department of the information; (c) ways to enhance the Leader, Borrowings Accounting Team, Treasury, as part of its continuing effort quality, utility, and clarity of the Office of Public Debt Accounting, to reduce paperwork and respondent information to be collected; (d) ways to Bureau of the Public Debt, (304) 480– burden, invites the general public and minimize the burden of the collection of 5166; Edward C. Gronseth, Deputy Chief other Federal agencies to take this information on respondents, including Counsel, Office of the Chief Counsel, opportunity to comment on proposed through the use of automated collection Bureau of the Public Debt, (304) 480– and/or continuing information techniques or other forms of information 8692; or Mary C. Schaffer, Attorney- collections, as required by the technology; and (e) estimates of capital Adviser, Office of the Chief Counsel, Paperwork Reduction Act of 1995, or start-up costs and costs of operation, Bureau of the Public Debt, (304) 480– Public Law 104–13 (44 U.S.C. maintenance, and purchase of services 8692. 3506(c)(2)(A)). Currently, the Bureau of to provide information. Engraving and Printing within the SUPPLEMENTARY INFORMATION: Although Dated: May 3, 2002. Department of the Treasury is soliciting the Renegotiation Board is no longer in Pamela Grayson, comments concerning the Owner’s existence, other Federal Agencies are Affidavit of Partial Destruction of Management Analyst, Office of Budget and required to use interest rates computed Mutilated Currency. Strategic Planning, Bureau of Engraving and Printing. under the criteria established by the SUPPLEMENTARY INFORMATION: Renegotiation Act of 1971 Sec. 2, Pub. [FR Doc. 02–16414 Filed 6–28–02; 8:45 am] Title: Owner’s Affidavit of Partial L. 92–41, 85 Stat. 97. For example, the Destruction of Mutilated Currency. BILLING CODE 4840–01–M Contract Disputes Act of 1978 Sec. 12, OMB Number: 1520–0001. Pub. L. 95–563, 92 Stat. 2389 and Form Number: BEP 5283. DEPARTMENT OF THE TREASURY indirectly, the Prompt Payment Act of Abstract: This is a request for an 1982, 31 U.S.C. 3902(a), provide for the extension. Fiscal Service calculation of interest due on claims at Current Action: The Office of a rate established by the Secretary of the Currency Standards, Mutilated Currency Renegotiation Board Interest Rate; Treasury for the Renegotiation Board Division, Bureau of Engraving and Prompt Payment Interest Rate; under Pub. L. 92–41. Printing request owners of partially Contract Disputes Act destroyed U.S. currency to complete a Therefore, notice is given that the notarized affidavit (BEP 5283) for each AGENCY: Bureau of the Public Debt, Secretary of the Treasury has claim submitted when substantial Fiscal Service, Treasury. determined that the rate of interest portions of notes are missing. ACTION: Notice. applicable, for the period beginning July Type of Review: Extension. 1, 2002 and ending on December 31, Affected Public: Individuals or SUMMARY: For the period beginning July 2002, is 5.250 per centum per annum. households. 1, 2002 and ending on December 31, This rate is determined pursuant to the Estimated Number of Respondents: 2002 the prompt payment interest rate above-mentioned sections for the The estimated number of respondents and the contract dispute interest rate are purpose of said sections. each 5.250 per centum per annum. for the next three years is 180, with a Dated: June 26, 2002. total estimated number of burden hours DATES: Comments or inquiries may be Donald V. Hammond, of 90. mailed to Eleanor Farrar, Team Leader, Estimated Total Annual Burden Debt Accounting Branch, Office of Fiscal Assistant Secretary. Hours: The estimated number of annual Public Debt Accounting, Bureau of the [FR Doc. 02–16602 Filed 6–28–02; 8:45 am] burden hours is 270. Public Debt, Parkersburg, West Virginia, BILLING CODE 4810–39–M
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Corrections Federal Register Vol. 67, No. 126
Monday, July 1, 2002
This section of the FEDERAL REGISTER Tuesday, June 18, 2002, the subject May 17, 2002, make the following contains editorial corrections of previously heading is corrected to read as set forth corrections: published Presidential, Rule, Proposed Rule, above. and Notice documents. These corrections are §250.1704 [Corrected] prepared by the Office of the Federal [FR Doc. C2–15343 Filed 6–28–02; 8:45 am] Register. Agency prepared corrections are BILLING CODE 1505–01–D On page 35407, the table should read issued as signed documents and appear in as set forth below: the appropriate document categories * * * * * elsewhere in the issue. DEPARTMENT OF THE INTERIOR Minerals Management Service DEPARTMENT OF COMMERCE 30 CFR Part 250 Foreign-Trade Zones Board RIN 1010–AC65 [Order No. 1231] Oil and Gas and Sulphur Operations in Expansion of Foreign-Trade Zone 8, the Outer Continental Shelf— Toledo, Ohio, Area Decommissioning Activities Correction Correction In notice document 02–15343 In rule document 02–11640 beginning appearing on page 41393 in the issue of on page 35398 in the issue of Friday,
DECOMMISSIONING APPLICATIONS AND REPORTS TABLE
Decommissioning applications When to submit Instructions
(a) Initial platform removal applica- In the Pacific OCS Region or Alaska OCS Region, submit the appli- Include information required under tion [not required in the Gulf of cation to the Regional Supervisor at least 2 years before produc- § 250.1726. Mexico OCS Region]. tion is projected to cease. (b) Final removal application for a Before removing a platform or other facility in the Gulf of Mexico Include information required under platform or other facility. OCS Region, or not more than 2 years after the submittal of an ini- § 250.1727. tial platform removal application to the Pacific OCS Region and the Alaska OCS Region. (c) Post-removal report for a plat- Within 30 days after you remove a platform or other facility ...... Include information required under form or other facility. § 250.1729. (d) Pipeline decommissioning appli- Before you decommission a pipeline ...... Include information required under cation. § 250.1751(a) or § 250.1752(a), as applicable. (e) Post-pipeline decommissioning Within 30 days after you decommission a pipeline ...... Include information required under report. § 250.1753. (f) Form MMS–124, Sundry Notices (1) Before you plug a well ...... Include information required under and Reports on Wells. § 250.1712. (2) Within 30 days after you plug a well ...... Include information required under § 250.1717. (3) Within 30 days after you complete siteclearance activities ...... Include information required under § 250.1743(b).
§250.1715 [Corrected] (a)*** On page 35408, the table should read as set forth below:
PERMANENT WELL PLUGGING REQUIREMENTS
If you have— Then you must use—
(1) Zones in open hole ...... Cement plug(s) from at least 100 feet below the bottom to 100 feet above the top of oil, gas, and fresh-water zones to isolate fluids in the strata.
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PERMANENT WELL PLUGGING REQUIREMENTS—Continued
If you have— Then you must use—
(2) Open hole below casing ...... (i) A cement plug set by the displacement method, at least 100 feet above and below deepest cas- ing shoe; (ii) A cement retainer with effective back-pressure control set 50 to 100 feet above the casing shoe, and a cement plug that extends at least 100 feet below the casing shoe and at least 50 feet above the retainer; or (iii) A bridge plug 50 feet to 100 feet above the shoe with 50 feet of cement on top of the bridge plug, for expected or known lost circulation conditions. (3) A perforated zone that is currently (i) A method to squeeze cement to all perforations; open and not previously squeezed or (ii) A cement plug set by the displacement method, at least 100 feet above to 100 feet below the isolated. perforated interval, or down to a casing plug, whichever is less; or (iii) If the perforated zones are isolated from the hole below, you may use any of the plugs specified in paragraphs (A) through (E) of this paragraph instead of those specified in paragraphs (3)(i) and (3)(ii) of this section: (A) A cement retainer with effective back-pressure control 50 to 100 feet above the top of the perforated interval, and a cement plug that extends at least 100 feet below the bottom of the perforated interval with at least 50 feet of cement above the retainer; (B) A bridge plug set 50 to 100 feet above the top of the perforated interval and at least 50 feet of cement on top of the bridge plug; (C) A cement plug at least 200 feet in length, set by the displacement method, with the bottom of the plug no more than 100 feet above the perforated interval; (D) A through-tubing basket plug set no more than 100 feet above the perforated interval with at least 50 feet of cement on top of the basket plug; or (E) A tubing plug set no more than 100 feet above the perforated interval topped with a suffi- cient volume of cement so as to extend at least 100 feet above the uppermost packer in the wellbore and at least 300 feet of cement in the casing annulus immediately above the packer. (4) A casing stub where the stub end is (i) A cement plug at least 100 feet above and below the stub end; within the casing. (ii) A cement retainer or bridge plug set at least 50 to 100 feet above the stub end with at least 50 feet of cement on top of the retainer or bridge plug; or (iii) A cement plug at least 200 feet long with the bottom of the plug set no more than 100 feet above the stub end. (5) A casing stub where the stub end is A plug as specified in paragraph (a)(1) or (a)(2) of this section, as applicable. below the casing. (6) An annular space that communicates A cement plug at least 200 feet long set in the annular space. For a well completed above the with open hole and extends to the mud ocean surface, you must pressure test each casing annulus to verify isolation. line. (7) A subsea well with unsealed annulus .. A cutter to sever the casing, and you must set a stub plug as specified in paragraphs (a)(4) and (a)(5) of this section. (8) A well with casing ...... A cement surface plug at least 150 feet long set in the smallest casing that extends to the mud line with the top of the plug no more than 150 feet below the mud line. (9) Fluid left in the hole ...... A fluid in the intervals between the plugs that is dense enough to exert a hydrostatic pressure that is greater than the formation pressures in the intervals.
§ 250.1741 [Corrected] (g)*** On page 35411, the table should read as set forth below:
For— You must trawl— And you must—
(1) Buried active pipelines ...... First contact the pipeline owner or operator to determine the condition of the pipeline be- fore trawling over the buried pipeline. (2) Unburied active pipelines that are 8 inches no closer than 100 feet to the either side of Trawl parallel to the pipeline Do not trawl in diameter or larger. the pipeline. across the pipeline. (3) Unburied smaller diameter pipelines in the no closer than 100 feet to either side of the Trawl parallel to the pipeline. Do not trawl trawl area that have obstructions (e.g., pipe- pipeline. across the pipeline. line valves) present. (4) Unburied active pipelines in the trawl area parallel to the pipeline. that are smaller than 8 inches in diameter and have no obstructions present.
* * * * * § 250.1742 [Corrected] On page 35412, the table should read * * * * * as set forth below:
If you use— You must— And you must—
(a) Sonar ...... cover 100 percent of the appropriate grid area listed in Use a sonar signal with a frequency of at least 500 § 250.1741(a). kHz.
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If you use— You must— And you must—
(b) A diver ...... ensure that the diver visually inspects 100 percent of Ensure that the diver uses a search pattern of concen- the appropriate grid area listed in § 250.1741(a). tric circles or parallel lines spaced no more than 10 feet apart. (c) An ROV (remotely oper- ensure that the ROV camera records videotape over Ensure that the ROV uses a pattern of concentic circles ated vehicle). 100 percent of the appropriate grid area listed in or parallel lines spaced no more than 10 feet apart. § 250.1741(a).
[FR Doc. C2–11640 Filed 6–28–02; 8:45 am] BILLING CODE 1505–01–D
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Part II
National Credit Union Administration 12 CFR Parts 703 and 704 Investment and Deposit Activities; Corporate Credit Unions; Proposed Rule
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NATIONAL CREDIT UNION responsiveness to the comments on the the Board has made some minor ADMINISTRATION ANPRs and the continuous dialogue wording revisions. The term ‘‘aggregate NCUA has engaged in with the purchase’’ in the proposal has been 12 CFR Parts 703 and 704 corporate community. revised to ‘‘aggregate amount’’ and the In response to the comments received, term ‘‘time of purchase’’ in the proposal Investment and Deposit Activities; particularly in the area of capital, the has been revised to ‘‘time of investment Corporate Credit Unions Board is issuing a revised proposed rule or adjustment.’’ for another round of public comment. AGENCY: National Credit Union Definitions Section 704.2 Administration (NCUA). The comments to the initial proposed ACTION: Proposed rule. rule have greatly assisted the Board in Daily Average Net Assets (DANA) drafting the revised proposed rule and Although not specifically addressed SUMMARY: NCUA is issuing proposed will be discussed in the relevant section in the proposed rule, seventeen revisions to the rule governing corporate of the section-by-section analysis. commenters requested that the Board credit unions (corporates). The major B. Section-by-Section Analysis exclude future dated ACH items and revisions to the rule are in the areas of uncollected cash letters that are capital, credit concentration limits and Natural Person Credit Union perfectly matched on both the asset and services. The proposed amendments Investments Section 703.100 liability sides of the balance sheet from enable corporates to remain competitive The Board proposed increasing the the definition of DANA. The issue is in the marketplace while retaining limit on a natural person credit union’s whether such transactions should be NCUA’s historic focus on the safety and aggregate purchase of paid-in capital recorded on their settlement date (the soundness of the corporate credit union (PIC) and membership capital (MC) in date the funds are posted) or on the system. The major changes to these one corporate to 2 percent of the credit advice date (the date the corporate areas necessitate some substantive union’s assets measured at the time of receives an advice indicating the funds changes to other provisions of the rule. purchase. The Board also proposed will be posted on a specific future date). Several other minor revisions are limiting a credit union’s aggregate The Office of Corporate Credit Unions generally either a clarification or a purchase of PIC and MC in all (OCCU) issued guidance in 2000 to all modernization of the existing rule. corporates to 4 percent. corporates stating, ‘‘[i]n order to provide DATES: Comments must be received on Twenty-five commenters supported for a consistent approach to reporting or before August 30, 2002. the proposal. Two commenters opposed corporate financial information, we ADDRESSES: Direct comments to Becky the proposal. Those who supported the expect all corporates to record future- Baker, Secretary of the Board. Mail or proposal indicated the ability of a dated ACH transactions as assets and hand-deliver comments to: National natural person credit union to acquire a liabilities on their financial statements Credit Union Administration, 1775 higher level of capital in a corporate for both regulatory and 5310 (Corporate Duke Street, Alexandria, Virginia will bring about the positive result of Credit Union Call Report) reporting 22314–3428. Fax comments to (703) further capital redistribution in the purposes. However, other external and 518–6319. E-mail comments to credit union system. They indicated it internal financial statements can [email protected]. Please send would introduce a degree of moderation continue to be prepared based on the comments by one method only. in the amount of capital a credit union advice of your CPA.’’ Corporate Credit FOR FURTHER INFORMATION CONTACT: Kent could potentially invest in the corporate Union Guidance Letter No. 2000–03, Buckham, Director, Office of Corporate network. One commenter, a natural August 30, 2000. This guidance was Credit Unions, 1775 Duke Street, person credit union, opposed the provided because corporates were using Alexandria, Virginia 22314–3428 or proposal as being too restrictive because different reporting practices and there telephone (703) 518–6640; or Mary it limits credit unions’ options. One was a lack of definitive guidance on the Rupp, Staff Attorney, Office of General commenter, a bank trade association, issue under Generally Accepted Counsel, at the above address or opposed the proposal as too permissive, Accounting Principles (GAAP). telephone (703) 518–6540. contending it doubles the risk exposure The commenters stated that several SUPPLEMENTARY INFORMATION: a natural person credit union could corporates have obtained opinions from have in a single corporate credit union. accounting firms indicating that A. Background Additionally, fifteen commenters accounting for such transactions as of On July 28, 1999, and November 22, suggested a revision to the proposed the advice date is not in accordance 2000, NCUA issued advance notices of wording. The proposal stated the with GAAP. Rather, these transactions proposed rulemaking (ANPRs). 64 FR percentage is based on ‘‘the credit (as well as uncollected cash letters) 40787, July 28, 1999; 65 FR 70319, union’s assets measured at the time of should be accounted for on a settlement November 22, 2000. Based on the purchase.’’ Id. at 48755. The date basis. The concern is that DANA is comments received in response to the commenters recommended changing ‘‘at overstated by inclusion of these items ANPRs, the Board issued a proposed the time of purchase’’ to ‘‘at the time of and capital ratios are understated. rule. 66 FR 48742, September 21, 2001. investment or adjustment.’’ This would Several commenters also noted that the The Board received 51 comments on the take into account the adjusted balance definition of ‘‘the fair value of assets’’ proposal, 28 from corporate credit feature of most existing MC accounts. should exclude these transactions from unions, nine from natural person credit One commenter suggested the limit in the Net Economic Value (NEV) unions, four from credit union trade one corporate and the aggregate limit in definition. associations, one from a bank trade all corporates be set at 25 percent and The Board does not agree with the association, ten from state credit union 50 percent respectively of a credit commenters that accounting for such leagues and three from miscellaneous union’s net worth, rather than as a transactions as of the advice date is sources. The majority of the commenters percentage of assets. inconsistent with GAAP. Rather, there is commended NCUA on the process The revised proposed rule retains the a divergence of opinion in the leading up to the proposed rule. They increased investment limits in the accounting community on this issue. In expressed appreciation for NCUA’s proposed rule. Based on the comments, order to ensure a consistent regulatory
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approach, the revised proposal does not accounts with no maturity. Several one year before the date of maturity. exclude these items from the definition commenters suggested adding ‘‘less Twelve commenters opposed the of DANA. Each corporate should than’’ before ‘‘three years’’ to avoid the proposed amortization for PIC. The continue to prepare its other internal mistaken impression that a three-year commenters reiterated the arguments and external financial statements based notice account could arguably be raised in opposition to the proposed on the advice of its CPA. deemed to require amortization before amortization of MC. One commenter being placed on notice. supported the proposed change to the Capital Section 704.3 The Board remains convinced that amortization schedule. The revised Requirements for Membership Capital, MC placed on notice should be fully proposal retains the amortization Section 704.3(b)(3) amortized one year before maturity or requirement for grandfathered PIC. This the end of the notice period. The Board position is consistent with that taken for The Board proposed revising the does not believe a corporate should MC. existing amortization of MC. Currently, include capital that will be paid out in Additionally, the proposal eliminated the regulation requires a constant less than a year in risk capital measures. the existing limitation on PIC, which monthly amortization of MC placed on The Board is also cognizant that five- limits PIC to 100 percent of RUDE. 12 notice so that the full balance is year subordinated debt allowed by other CFR 704.2. Eight commenters supported amortized by the end of the notice financial regulators is not counted in the removing the limitation on PIC, and period. The proposal required the full last year. 12 CFR part 3, App. A, § 2(b). three commenters opposed it. Of those amortization of MC one year before the The Board views the change in in support, one suggested that only PIC date of maturity or one year before the amortization as a measure of up to 150 percent of RUDE should count end of the notice period. The proposal consistency with other financial towards any minimum regulatory also revised the requirements for regulators. capital ratio, but that all PIC should adjusted balance MC accounts. These The revised proposal retains the count towards a total capital ratio. One revisions included limiting the limitation on the frequency of commenter opposed to eliminating the frequency of adjustments to no more adjustment for adjusted balance MC PIC limitation suggested limiting the than once every six months and, if the accounts to no more than once every six aggregate amount of MC and PIC that adjustment measure is anything other months. The Board desires a greater counts towards a total capital than assets, the corporate must address degree of permanence for MC. The requirement to100 percent of RUDE. the measure’s permanency Board agrees with the commenter that The Board agrees with the majority of characteristics in the capital plan. existing MCs should be grandfathered commenters and has retained the Fifteen commenters opposed the from the change in the frequency of deletion in the revised proposed rule. proposed change in the amortization of adjustment since corporates have Finally, the Board proposed MC and one commenter supported the already issued disclosures to their eliminating the requirement in the proposal. Those opposed stated that it members, which should be adhered to. current regulation that nonmember PIC fails to recognize any portion of the MC However, corporates that have tied their requires NCUA Board approval. The that is still available to cover losses adjustments to a measure other than proposal required Board approval if the during the last year. Further, several assets are not grandfathered from terms and conditions of the nonmember commenters suggested amortizing MC addressing the measure’s permanency in PIC differed from member PIC. Because before the end of the notice period is their capital plans. the revised proposed rule requires all contrary to GAAP. One commenter The revised proposal adds the words PIC to be GAAP qualifying, the opposed the entire premise of ‘‘less than’’ in front of ‘‘three years’’ to requirement for Board approval if the amortizing MC stating MC that has been clarify that a three-year notice account terms and conditions are different for placed on notice should count in full as is not subject to amortization if notice nonmember PIC is deleted in the revised long as the full balance is available to has not been given. The revised proposed rule. cover losses. proposal retains the word ‘‘or,’’ rather A few commenters commented on than substituting the word ‘‘and’’ as Minimum RUDE Ratio Requirement, changes to adjusted balance MC some commenters recommended, Section 704.3(e) accounts. One commenter suggested because the regulation does allow term The Board proposed a minimum allowing MC to flow in and out of the MC accounts. RUDE to moving DANA ratio of 2 corporate, with the corporate setting its percent. In addition, the proposal own minimum limit based on its capital Requirements for Paid-in Capital, eliminated the reserve transfer needs. One commenter suggested Section 704.3(c)(2). requirements because it is unnecessary allowing a corporate to base the Although not proposed, based on the if all corporates must maintain a adjustment on a member’s deposits in comments and the Board’s desire to minimum RUDE ratio of 2 percent. the corporate rather than on its assets. eliminate the proposed minimum RUDE Forty-six commenters objected to a Another commenter did not object to ratio, the Board has revised the minimum RUDE ratio. Two the proposed changes in the adjusted definition of PIC, so it is a perpetual, commenters, a bank trade association balance MC accounts, but suggested non-cumulative dividend account. This and an individual, supported the grandfathering existing adjusted balance revision brings PIC in line with the proposal. Many commenters indicated MC accounts. GAAP definition of equity accounts. this requirement was the one they most Several commenters took exception to Existing PIC is grandfathered from this vehemently opposed. the proposed wording in § 704.3(b)(3) requirement but is subject to the Twenty commenters recommended that states, ‘‘[w]hen an MC account has proposed amortization schedule. the adoption of a credit-risk weighted been place on notice or has a remaining Because new PIC must be perpetual, the capital requirement in lieu of a maturity of three years * * *’’ amortization requirement only applies minimum RUDE ratio. Three (emphasis added). The commenters to grandfathered PIC. commenters included with their suggested replacing ‘‘or’’ with ‘‘and.’’ The proposal required an comments draft credit-risk weighted The commenters stated that the amortization schedule for PIC similar to guidelines for corporates. Twenty-five corporates issue adjusted balance that proposed for MC, full amortization commenters recommended the adoption
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of a ‘‘core capital ratio’’ requirement arbitrary and NCUA has offered no others suggested a percentage limitation. alone or in conjunction with a credit- findings to support that it is an Others suggested that only PIC that risk weighted capital requirement. The appropriate level. qualifies under GAAP should be core capital ratio would include RUDE Many commenters noted that, while included in core capital. and PIC, with a few commenters the proposed preamble indicates a goal Several commenters noted that PIC indicating only a portion of PIC should of instituting a RUDE ratio is to reach was introduced during the last qualify. Several commenters suggested a level of capital comparability with regulatory revision. Many corporates there is no need for a minimum RUDE other financial intuitions, the proposal solicited their members and were able to ratio since NCUA has the authority to is inconsistent with the capital structure raise significant amounts of PIC. These supervise and ensure adequate capital of other financial depository commenters noted their concern for the in corporates through the requirement institutions. The commenters noted reputation of the individual corporates, that corporates prepare a capital plan. some of the other financial regulators and the corporate system as a whole, if Nearly all of those who objected to the include common stock and member credit unions are now told the minimum RUDE ratio indicated concern noncumulative perpetual preferred PIC they committed to the corporate is that the requirement would threaten the stock in the determination of their core not considered ‘‘real’’ capital. Further, very purpose for which corporates exist. capital requirements. As such, the many noted that the influx of funds into Commenters noted that, in their roles as commenters noted that NCUA’s core a corporate might not necessarily the provider and absorber of credit capital requirements for corporates translate into an increase in risk. Under union liquidity, corporates must be able should recognize PIC. the proposal, the mere inflow of excess to grow and contract in a prompt and In keeping with the concept of liquidity could trigger the need for a fluid manner. The imposition of a comparable capital measures with other capital restoration plan. It is possible mandatory RUDE ratio would force federally-insured financial institutions, that a regulatory requirement could corporates to turn away credit union a number of commenters recommended affect the opinion of the corporate’s deposits. They noted that, not only the adoption of a credit-risk weighted auditors or the rating issued by a would this affect the role of corporates capital structure. Many commenters nationally recognized statistical rating in the credit union system, but it may suggested that the new Basel Capital organization. The commenters noted the increase risk to credit unions that seek Accord Proposal establishes a ripple effect of these occurrences on the other means for depositing or investing framework intended to more closely reputation, as well as the safety and their excess liquidity. Commenters align regulatory capital requirements soundness, of the corporate could be noted that corporates in 2000 and 2001 with underlying risk. The proposal severe, while no significant increase in successfully handled a period of noted that the Board was not risk has actually occurred. unprecedented liquidity demand considering a credit-risk weighted As noted above, some commenters followed by a period of unprecedented requirement due to the added burden on stated the existing regulations provide excess liquidity in the credit union corporate credit unions. Several NCUA with adequate authority to system. Many commenters expressed commenters suggested the proposed ensure the capital strength in the concern that the proposed capital RUDE ratio was more burdensome to corporate system. Section 704.3(a) requirements will introduce a new corporates than the adoption of a credit- requires corporates to develop a written factor, which will negatively affect what risk weighted capital structure. Finally, capital plan. The regulation requires the risk managers may allow on their several commenters suggested that, if corporate to develop and implement balance sheets. the Board does not establish a credit- short and long term capital goals, Commenters noted that corporates risk weighted structure at this time, it objectives, and strategies that provide have consistently increased RUDE over should create a working group to study for building capital consistent with the years. In fact, RUDE has grown at a the issue and make a recommendation regulatory requirements, and capital higher rate than the minimum to the Board within the next two years. sufficient to support a corporate’s requirements under the regulation. In addition to the suggestion of a current and projected business risks. Commenters suggested the proposal credit-risk weighted approach to capital, The plans are subject to review by would force corporates to focus on the several commenters suggested the use of NCUA through the supervision process. goal of building RUDE to the detriment a core capital requirement. Some The commenters believe this of the products and services the commenters suggested the use of core requirement provides NCUA the corporates offer the credit union system. capital as a single measure while others ongoing opportunity to monitor and Further, commenters asserted that recommended its use in conjunction exert regulatory oversight over a lessening the regulatory value of PIC with a credit-risk weighted capital corporate’s capital intentions. may lead to an outflow of capital from measure. As noted above, several Only one commenter, a bank trade the corporate system. Corporates trying commenters made reference to the association, objected to the elimination to maximize earnings to build RUDE recognition of common stock and of the reserve transfer requirement. may call their PIC to reduce expenses. noncumulative perpetual preferred The Board believes that a minimum Commenters suggested it would take stock in the determination of core RUDE ratio may have the unintended years to build the RUDE just to replace capital in other financial institutions. consequence of limiting the traditional the called PIC. The commenters stated The commenters noted that MC and PIC role of corporates as depositors of excess that NCUA’s concern that corporates are available to absorb losses before any liquidity for natural person credit would not continue to strive to build impact on the National Credit Union unions. As such, the minimum RUDE RUDE, or would arbitrarily decide to Share Insurance Fund (NCUSIF). They ratio requirement has been eliminated return PIC to members, is baseless and contend PIC is a long-term, stable from the revised proposal. not supported by past performance. component of capital because of its The Board remains convinced of the Further, several commenters stated that regulatory requirements. As such, need for corporates to continue to RUDE levels in corporate credit unions commenters believe NCUA’s core maintain an adequate level of retained are already adequate, based on the risks capital calculation should include PIC. earnings. To that end, the revised corporates take. Several commenters Some commenters recommended that proposal adopts several of the noted the 2 percent requirement appears all PIC be counted as core capital, while commenters’ suggestions, in addition to
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incorporating existing requirements in A number of commenters noted that The Board is steadfast in its § 704.3. PIC, a long-term capital account, is contention that a credit-risk weighted Rather than the proposed minimum 2 available to absorb losses. The Board capital approach is not the best measure percent RUDE ratio requirement, the agrees with the need to recognize the for risk in corporates. Further, there revised proposal provides a mechanism value of PIC in the capital structure of exists a divergence of opinion in the for increasing retained earnings to 2 corporates; however, the Board also financial community as to the validity percent on an ongoing basis. The notes that the major disadvantage of of some of the risk weights assigned to earnings retention requirement in using PIC rather than retained earnings the various risk categories. § 704.3(i) includes features of the to absorb losses is the potential for Several outside studies of the existing reserve transfer requirement, in erosion of member confidence in the corporate credit union system have been addition to a core capital measurement. viability of the corporate. The Board is critical of using credit risk as a primary As the current regulation does not establishing an earnings retention factor means of measuring overall risk in define retained earnings, the revise to serve the dual purpose of building corporates. The report entitled proposal adds a definition. The retained earnings while also providing ‘‘Corporate Credit Union Network definition specifically excludes GAAP value to PIC. As such, a corporate with Investments: Risks and Risk recognized ‘‘other comprehensive a core capital ratio greater than 3 Management,’’ issued in 1994 by a income accounts’’ such as unrealized percent will have a lower earnings committee headed by Dr. Harold Black, gains and losses on available for sale retention factor than a corporate with a indicated many corporates traditionally securities. These accounts may distort a core capital ratio less than 3 percent. take very little credit risk, but instead corporate’s capital position; so the The Board notes the earnings assume a higher level of interest rate Board is excluding these accounts from retention requirement eases the risk. The General Accounting Office the definition. Additionally, the regulatory burden on corporates from (GAO) reports of 1991 and 1994 both definition excludes the allowance for that in the proposal. Under the noted that an over reliance on credit- loan and lease losses. Although the proposed regulation, a RUDE restoration risk weighted capital failed to fully allowance for loan and lease losses is plan was required if the RUDE ratio fell capture other risks (market, liquidity, nonexistent in most corporate credit below 2 percent. Rather than requiring and operational) in corporate credit unions, it may become more common in a corporate to submit a RUDE unions. A December 1997 study by the corporates that engage in loan restoration plan if the retained earnings Department of the Treasury specifically participations with their members under ratio falls below 2 percent, the revised stated that a credit-risk weighted capital the proposed Part V expanded authority. proposed rule establishes a specific approach ‘‘is inappropriate given that Since the allowance for loan and lease restoration plan for retained earnings. corporate credit unions generally have losses is funded to the amount of The Board is cognizant that little credit risk.’’ anticipated losses, the Board contends circumstances may arise where that amount should not be recognized corporate management will have to Capital Directive, Section 704.3(h)(i) for the purpose of determining retained make operational decisions that are in The proposal made the capital earnings. the best interest of the corporate, but restoration requirement in current Numerous commenters may also result in an inability to meet § 704.3(f) applicable to a corporate recommended, in lieu of a minimum the earnings retention requirement. To failing to meet the minimum RUDE RUDE ratio, retaining the reserve provide flexibility, the Board permits ratio. Since the revised proposal transfer requirement in the current corporates to meet earnings retention eliminates a RUDE ratio requirement, regulation as a means of building requirements on a rolling three-month this issue is moot and there are no capital. The Board agrees with the need average. The regulation also allows a changes to the current rule. to increase capital but believes the corporate to pay dividends without Eight commenters indicated there existing reserve transfer requirement prior approval if its retained earnings should be an appeal process in this may not result in the accumulation of ratio falls below 2 percent, if the section, similar to the procedures for retained earnings. Under the current retained earnings ratio was already prompt corrective action (PCA). 12 CFR regulation, a corporate can meet its below 2 percent but the corporate has an part 702. Several commenters suggested reserve transfer requirement without an increase in retained earnings for the that the public disclosure of the overall increase to retained earnings. current measurement period, or if the existence of a capital directive or capital Therefore, the revised proposal corporate experiences a loss on the sale restoration plan in a corporate credit establishes an earnings retention of investments. In addition, the union could be disastrous to the requirement of 10 or 15 basis points per regulation provides the OCCU Director reputation of the institution. One annum based upon the corporate’s the authority to approve a lower commenter opposed the current retained earnings and core capital ratio. earnings retention amount to avoid a inclusion of any kind of capital The earnings retention requirement is significant adverse impact on the restoration plan in the regulation. established at 10 and 15 basis points to corporate. Although the revised proposal does provide for the building of retained The Board believes it is imperative to not add a specific appeal process to this earnings while also recognizing the the long-term safety and soundness of section, the regulation continues to value of PIC. the corporate credit union system that a require NCUA Board approval of capital Several commenters also regulatory framework exist to facilitate directives. recommended adopting a core capital the ongoing accumulation of retained measurement to recognize the value of earnings. An earnings retention Board Responsibilities, Section 704.4 PIC. In response, the Board has re-titled requirement will provide certainty to The proposed rule changed the term the existing definition of ‘‘reserve ratio,’’ corporates as to regulatory ‘‘operating policies’’ to ‘‘policies’’ which includes retained earnings and requirements, while permitting throughout this section and changed the PIC, as ‘‘core capital ratio.’’ The core corporates the flexibility to continue the title of subsection (c) to ‘‘Other capital ratio, in conjunction with the vital role they play in assisting natural requirements.’’ The commenters retained earnings ratio, is used to person credit unions in serving their supported this change and it has been determine the earnings retention factor. members. retained as proposed.
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Investments, Section 704.5 concentration limits should be Securities Lending, Section 704.5(e) The proposed rule deleted several economically reasonable. By The proposed rule made several investment-related definitions no longer supportable, the Board means the nonsubstantive changes to the used in the regulation and amended the investment policy should address the requirements for securities lending definitions of: Asset-backed security prepurchase analysis a corporate should transactions to clarify the rule and (ABS), Collateralized mortgage undertake before making a limited conform it more closely to current liquidity investment. For example, the obligation (CMO), Forward settlement, market practices. There were no investment policy may require a Quoted market price, Mortgage related comments on the proposed changes; prepurchase analysis to include security, Regular-way settlement, however, ten commenters viewed the estimates of bid-asked spreads and, also, Repurchase transaction, and Residual existing requirement for a perfected first an estimate of the time necessary to sell interest. The few comments received on priority security interest as inconsistent a limited liquidity investment. these definitions supported the Several commenters suggested with standard market practice for proposal, and they have been deleted or addressing concentration limits for securities lending agreements. The amended as proposed. As discussed limited liquidity investments in the Board agrees with the commenters and below, the revised proposed rule contingency funding plan required in has removed the word ‘‘perfected’’ but includes a new definition of a limited § 704.9. The Board notes the will continue to require a first priority liquidity investment. concentration limit requirement security interest through possession or control of the collateral. Often, under Policies, Section 704.5(a). emphasizes the need to address risk tolerances for portfolios of limited state law, possession or control The proposed rule combined the liquidity investments. Articulated risk constitutes a ‘‘perfected’’ security policy requirements in this section and tolerances for portfolios with limited interest. In addition, the Board has deleted ‘‘if any’’ from § 704.5(a)(1) to liquidity investments are separate and clarified in the revised proposal that clarify a corporate must have distinct from contingency funding ownership is an appropriate substitute ‘‘appropriate tests and criteria’’ to plans. Contingency funding plans for possession and control. evaluate investments it makes on an address successively deteriorating Investment Companies, Section 704.5(f) ongoing basis, as well as new liquidity scenarios and focus on the investments. No comments were most liquid sources of funds. The proposed rule clarified the received on these provisions, and they Concentration limits for limited prospectus is the document restricting have been retained as proposed. liquidity investments focus on the portfolio of an investment company. Section 704.5(a)(2). The proposed rule investments with relatively lower levels A few commenters supported this deleted the requirement that the of liquidity. clarification, and it has been retained as investment policy address the marketing proposed. of liabilities to its members. No Authorized Activities, Section comments were received on this 704.5(c)(5) Prohibitions, Section 704.5(h) provision, and it is deleted in the The proposed rule clarified an ABS The proposed rule prohibited trading revised proposed rule. must be domestically issued. Several securities. One commenter supported The proposed rule added a commenters supported the proposal, this prohibition. A few commenters requirement for a corporate to establish agreeing that foreign exposure in a opposed the prohibition, but supported appropriate aggregate limits on limited domestically-issued ABS should be the existing prohibitions on pair-off liquidity investments, including private handled as a supervisory matter. This transactions, when-issued trading, placements and funding agreements. A section is retained as proposed. adjusted trading, and short sales. The number of commenters observed many Section 704.5(c)(6). The proposal revised proposal, like the current rule, privately placed securities have active deleted this section, which provided permits trading securities but requires quoted markets or readily obtainable specific authorization for CMOs. Two transactions to be accounted for on a market quotes, with liquidity commenters supported the deletion, trade date basis and, in addition, no comparable to publicly registered since these investments are still longer prohibits engaging in pair-off securities. In response to those authorized under § 704.5(c)(1) and (5). transactions and when-issued trading. comments, the Board notes other private This provision is deleted in the revised The Board agrees with the commenters placements do not have readily proposal. that concerns with these investments obtainable market quotes. A corporate should be handled as a supervisory would have difficulty selling such Repurchase Agreements, Section matter. The Board notes corporates investments with reasonable 704.5(d) engaging in trading securities must have promptness at a price that corresponds The proposed rule made several sufficient resources, knowledge, systems reasonably to fair value. The Board also changes to the requirements for and procedures to handle the risks. The is concerned if there is only one active repurchase agreements, generally to revised proposed rule retains the market purchaser for a private conform to current market practices. prohibitions on engaging in adjusted placement or a funding agreement. The Many commenters objected to the trading and short sales. revised proposed rule omits the change requiring a corporate to obtain a The proposed rule prohibited examples of limited liquidity perfected first priority security interest investments in residual interests in investments, defines a limited liquidity in repurchase securities. The ABS, deleted the prohibition on investment to mean a private placement commenters noted a perfected first commercial mortgage related securities, or a funding agreement, requires a priority security interest is inconsistent and moved the prohibition on the corporate to specify concentration limits with standard market practices for purchase of mortgage servicing rights in relation to capital and requires the repurchase transactions. The Board from the investments section to the investment policy to address reasonable agrees and that portion of the proposed permissible services section. A few and supportable concentration limits for rule is deleted. The commenters did not commenters supported these proposed limited liquidity investments. By object to the other changes, and they are changes, and these provisions are reasonable, the Board means retained in the revised proposed rule. unchanged in the revised proposed rule.
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Credit Risk Management, Section 704.6 Concentration Limits, Section 704.6(c) requirement would provide limited The proposed rule defined ‘‘obligor’’ The proposed rule set concentration regulatory value where corporates are to mean the primary party obligated to limits in relation to capital. Likewise, concerned. 62 FR 12929, 12931, March repay an investment and excluded from the revised proposal establishes a 19, 1997. The Board again suggests to the definition the originator of general credit concentration limit of 50 corporates choosing voluntarily to calculate a credit-risk weighted capital receivables underlying an asset-backed percent of capital or a de minimis limit ratio that they adopt the same standards security, the servicer of such of $5 million for the aggregate of all investments in any single obligor, used by other financial institutions. receivables, or an insurer of an The Board notes a credit-risk whichever is greater. investment. A few commenters weighted capital requirement would A bank trade group that commented supported this definition, and it is impose a macro level restriction on asserted these changes would permit retained as proposed. One commenter aggregate credit exposure to the entire larger investments by corporates. The proposed including any party obligated balance sheet. In contrast, the credit Board notes that, based on current levels to make repayment, including concentration limit in the revised of capital, these changes have the secondary parties such as an insurer, in proposed rule is a micro level restriction overall effect of reducing credit the definition of obligor and, therefore, on credit exposure to a single obligor. within the rule’s credit concentration concentration limits from the prior Section 704.6(c)(2) of the proposed limit. The Board declines to impose limits. rule provides exceptions to the general regulatory credit risk concentration Many commenters opposed the credit concentration rule. For limits on insurers of investments, but proposed general credit concentration repurchase and securities lending notes § 704.6(a)(4) requires a corporate’s limit as too restrictive. Some transactions, the proposed limit was 200 credit risk management policy to commenters noted the proposed limit percent of capital. Investments in address concentrations of credit risk would substantially restrict investments corporate CUSOs are subject to the exposure, which would include an in certain AAA rated instruments from limitations in § 704.11. Investments in insurer of an investment. prior levels (e.g., the prior limit of 200 wholesale corporates and aggregate Although not previously proposed, percent of RUDE and PIC on mortgage- investments in other corporates are the revised proposal deletes the backed and asset-backed securities). exempt. definitions of ‘‘short-term investment’’ While observing that diversification is A number of commenters requested and ‘‘long-term investment’’ since they normally a desirable goal, a number of that the proposed credit concentration are no longer used, as explained below. commenters noted the proposed limits limit of 200 percent of capital on The revised proposed rule also deletes could force increased aggregate repurchase transactions be increased to the definition of ‘‘expected maturity,’’ exposure to lower quality credits. A 250 percent of capital. The commenters since that term was only used in the number of these commenters suggested contended 200 percent is too restrictive definitions of these deleted terms. a general credit concentration limit of in periods of large liquidity inflows. 100 percent of capital on investments One commenter expressed general Policies, Section 704.6(a) rated no lower than AA–(or equivalent) support for excepting repurchase The proposed rule amended the or A–1 (or equivalent). A few advocated transactions from the general credit policy requirements to base credit limits increasing the proposed general credit concentration limit. In response to on capital, rather than RUDE and PIC. concentration limit to 100 percent of comments, the Board notes greater The proposed rule deleted the capital, regardless of credit rating. A concentration limits in repurchase requirement that the credit risk number of commenters advocated a risk- transactions are available to corporates management policy address loan credit based capital framework to require meeting the infrastructure requirements limits. The proposed rule added to the higher levels of capital for lower rated of Part I or Part II expanded authorities. examples of concentrations of credit risk investments in lieu of credit One commenter supported the an ‘‘originator of receivables’’ and an concentration limits. exception for CUSO investments. This ‘‘insurer.’’ A few commenters supported As the Board noted in the proposal, provision is unchanged in the revised the proposal to base credit limits on the 50 percent limit provides corporates proposed rule. capital. While one commenter opposed with substantial flexibility compared to A few comments supported the adding examples of credit concentration other depository institutions. Id. at proposal to exempt investments in risk, the commenter suggested all types 48746. The Board believes this limit is corporates from concentration limits. of such risk should be adequately the most credit exposure a corporate Two commenters thought the exemption addressed in the policy. In response, the should prudently take in investment- should be limited to wholesale Board notes the revised proposal’s grade quality investments. The Board corporates: one noted the proposal examples of credit concentration are recognizes the corporate network has appeared to increase systemic risk, illustrative only. A corporate’s credit increased its due diligence capabilities. while the other suggested adding a risk management policy should address However, if the corporate network is to requirement for a corporate to obtain at all material types of concentrations of maintain and enhance its ability to least one credit rating for other credit risk, regardless of whether withstand financial crises, it must corporate investments. The Board included in the examples. This section exercise caution in placing membership continues to believe the capital is retained as proposed. capital at risk. Placing all capital at risk requirements for the receiving corporate would substantially increase the will serve to limit the amount of Exemption, Section 704.6(b) likelihood of a crisis and decrease investment any corporate may place in The proposed rule required membership confidence if losses another corporate. In addition, the subordinated debt of government occurred. Board weighed the potential for sponsored enterprises to meet the rule’s The Board also noted in the proposed increased systemic risk against the credit risk management requirements. rule that adoption of a credit-risk potential benefits of allowing additional The few comments received supported weighted capital requirement is not alternatives to moving liquidity within the proposed rule, and it is unchanged warranted. Id. at 48743. The Board’s the corporate system. Therefore, the in the revised proposed rule. long-standing opinion is that such a Board believes it is appropriate to
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expand the exemption to include all consistency, they suggested the rule credit quality of all investments, corporates. The Board reiterates that a reference investments with short-term including reviewing any downgrades of corporate’s credit risk management or long-term ratings. The Board agrees credit ratings. policy must address investments in and adopts the suggestion in the revised Reporting and Documentation, Section corporates that are not fully insured by proposed rule. 704.6(e) the NCUSIF. One commenter advocated permitting Proposed § 704.6(c)(3) applied the investment in any investment grade The proposed rule clarified that requirements for an investment action instrument, particularly for repurchase requirements for annual approval apply plan in § 704.10 when a reduction in transactions. The commenter noted the to each credit limit with each obligor or capital after the purchase of an typical cash market practice for transaction counterparty. Those investment resulted in a credit repurchase transactions is to require commenters who addressed this change concentration that was higher than investment grade securities. In contrast, supported the proposed clarification, permitted by regulation. One another commenter expressed caution and it is retained as proposed. commenter believes that noncompliance that prudent risk management skills and Lending, Section 704.7 caused by a reduction in capital should infrastructure should be required to take not trigger the 30-day notification on more credit risk. In light of the Section 704.7(c)(1) and (2). Currently, period in § 704.10. Rather, the substantial flexibility already provided the aggregate secured and unsecured commenter suggests calling the to corporates, the Board remains loan and line of credit limits to any one investment ‘‘nonconfoming’’ rather than convinced a base level corporate should member credit union are based on the ‘‘failed’’ and allowing a 90-day period to not be permitted to acquire more than higher of a percentage of capital or a permit a corporate to bring the limited credit risk exposure. Expanded percentage of RUDE and PIC. The Board investment into compliance before authority provisions allow for a broader proposed basing the loan limits on a triggering the requirements of § 704.10. spectrum of credit risk, and require percentage of capital and eliminating This is similar to the approach used by increased due diligence by corporates the option of basing them on a the Office of the Comptroller of the that obtain such authority. percentage of RUDE and PIC. Several Currency. 23 CFR 1.8. Another commenter questioned commenters objected to eliminating this The Board agrees with the whether ‘‘or equivalent’’ when referring option. These commenters indicated the commenter’s suggestion, and the revised to acceptable ratings such as ‘‘A–1 (or proposed limits were too restrictive and proposed rule deems an investment as equivalent)’’ meant a rating of another would not provide corporates adequate ‘‘nonconforming’’ if it fails a NRSRO or an evaluation by credit staff flexibility to meet member liquidity requirement because of a reduction in at a corporate. The Board notes this needs. The Board considered the capital. A corporate credit union is continues to refer to a rating of another comments and concluded that the required to exercise reasonable efforts to NRSRO, and not an evaluation by credit percentages of capital in the proposed bring nonconforming investments into staff at a corporate. Because of the rule provide sufficient flexibility when conformity within 90 days. Investments substantial flexibility provided to balanced against safety and soundness that remain nonconforming for 90 days corporates in concentration limits, the concerns associated with a higher loan are deemed to ‘‘fail’’ a requirement and Board declines to permit internal credit to one borrower ratio. will require compliance with the analysis of investments in lieu of a Section 704.7(c)(3). This section of the requirements in § 704.10. The Board rating by an NRSRO. While an NRSRO proposed rule stated the maximum cautions corporates to consider the rating is no substitute for due diligence, aggregate amount of loans and lines of permanence of capital before it is a useful tool for investors to credit is limited to 15 percent of the committing investment funds. Because evaluate credit risk. The Board also corporate’s capital plus pledged shares corporate concentration limits provide notes ‘‘or equivalent’’ does not refer to for members that are not credit unions. for substantial flexibility in comparison a rating of an issuer that is not directly This is identical to current § 704.7(d). to other depository institutions, the applicable to the investment. For Several commenters indicated proposed Board is adopting the specific time example, a corporate may not rely on a § 704.7(c)(3) conflicts with proposed frame suggested by the commenter, short-term issuer rating to comply with § 704.7(e)(3), which requires compliance rather than an open-ended time frame the minimum rating requirement for an with the aggregate limits in § 723.16 of for nonconforming investments. investment with a long-term rating. the member business loan rule. To avoid confusion regarding the The Board notes that these two Credit Ratings, Section 704.6(d) investment watch list requirements of provisions do not conflict because This section reduced the applicable § 704.6(e)(1), the revised proposed rule § 704.7(c)(3) is the individual limit and credit rating to AA–(or equivalent) for a clarifies in § 704.6(d)(4) that it is § 704.7(e)(3) is the aggregate limit. To long-term investment and A–1 (or applicable only when the corporate clarify this, the Board has placed the equivalent) for a short-term investment. relied upon more than one rating to word ‘‘one’’ in front of ‘‘member’’ in The proposed rule applied the meet the minimum credit rating revised proposed § 704.7(c)(3). investment action plan requirements of requirements at the time of purchase. If Currently, § 704.7(c) and (d) reference § 704.10 if at least two ratings were there is a subsequent downgrade below ‘‘irrevocable’’ loans and lines of credit. downgraded and a corporate had relied the minimum requirement, then the The Board proposed clarifying its intent on more than one rating to meet the investment must be placed on the that these sections apply to both minimum credit rating requirements at investment watch list. The revised ‘‘irrevocable’’ and ‘‘revocable’’ loans the time of purchase. proposed rule permits a board to decide and lines of credit. No commenter A number of commenters generally under § 704.6(e)(1) to what extent it will objected to the proposed clarification; supported the credit rating require management to report to the therefore, the Board is deleting the requirements. However, most of the board its review of a downgrade that modifier ‘‘irrevocable’’ from these commenters noted the regulation’s does not result in a rating lower than the sections of the revised proposed rule. definitions of ‘‘short-term investment’’ minimum requirements of part 704. The Proposed § 704.7(e) attempted to and ‘‘long-term investment’’ can be Board notes it remains a sound business clarify the applicability of the member inconsistent with the market. For practice for a corporate to monitor the business loan rule in part 723 to loans
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granted by a corporate. Based on the liabilities both PIC and MC, rather than corporate credit union that is funded by comments, the Board realizes there is excluding only PIC. a share certificate with identical still some confusion and is amending Two commenters supported the characteristics. Rather, the rule requires the revised proposed rule to state that amended definition of NEV, but one the board to address tests, as all loans exempt under § 723.1 are noted the exclusion of MC from appropriate, for investments expected to exempt from compliance with the liabilities may be contrary to market impact the percentage decline in NEV, member business loan rule. practice because others may not compared to the base case NEV as most Proposed § 704.7(e)(3) expanded the recognize three-year notice accounts as recently determined for the balance partial exemption from the member capital. The Board notes debt sheet. The revised proposal clarifies business loan rule in current § 704.7(d). instruments with shorter maturities are NCUA does not expect a corporate to The partial exemption requires recognized for certain regulatory capital run a complete NEV analysis to compliance with the aggregate limits in purposes in other depository establish a base case at the time of each § 723.16 but exempts a corporate from institutions. 12 CFR part 3, App. B. investment transaction. Indeed, NCUA the other requirements in part 723. The One commenter suggested including notes that measuring risk is an Board proposed adding to the current, all off balance sheet financial imprecise business because of the partial exemption for guaranteed loans, derivatives in the definition of NEV. multitude of assumptions that are loans that are fully secured by U.S. The Board does not agree and notes for required to evaluate potential outcomes. Treasury or agency securities. No purposes of NEV measurement, fair However, the revised proposed rule is commenter objected and this change is values are to be determined for all assets intended to require each corporate to retained in the revised proposed rule. and liabilities that are balance sheet establish an ongoing process to identify, The revised proposed rule also clarifies items under GAAP. NCUA estimate, monitor and control interest that the aggregate limits of § 723.16 are acknowledges that GAAP does not rate risk between the periodic complete statutory, and a corporate is not exempt require accounting for immaterial NEV analysis. positions in financial derivatives on from these limits unless the loan is not Penalty for Early Withdrawals, Section a business loan as defined in § 723.1(b). balance sheet. The Board notes corporates must have Part IV Expanded 704.8(c) Section 704.7(g). The Board proposed Authorities to engage in derivative The proposed rule required a revising the provision governing loan transactions. corporate to impose a market-based participations between corporates to penalty for early withdrawal, if early include a requirement that a corporate Policies, Section 704.8(a)(2) withdrawal is permitted. The proposed execute a master participation loan The proposed rule eliminated the rule also required the penalty to equal agreement before the purchase or the redundancies with § 704.5(a) and the estimated replacement cost of the sale of a participation loan. In changed the term ‘‘current NEV’’ to certificate or share redeemed. This conjunction with this requirement, the ‘‘base case NEV’’ to provide uniform change would have prohibited a Board deleted the language that a usage throughout the regulation. All corporate from imposing a penalty in participation loan agreement may be commenters addressing this section excess of the replacement cost and executed at any time before, during, or were supportive, and the revised would have required a penalty to be after the disbursement. No comments proposal adopts the proposed changes. reasonably related to current offering were received on this section, and this Section 704.8(a)(5). The proposed rule rates of that corporate. requirement is retained in the revised deleted the requirement for a policy Many commenters objected to the proposed rule. limit on decline in net income. The few proposed provision, asserting that Currently, a corporate is not permitted commenters on this section supported penalties should be market based, and to participate in loans with natural this deletion, and the revised proposed not based on rates currently offered by person credit unions, although some rule retains the deletion. a corporate. Some of these commenters corporates have obtained an NCUA Section 704.8(a)(6). This section observed rates offered by a corporate Board waiver to do so. The Board added a requirement for the asset and may reflect limited quantity ‘‘specials’’ proposed adding this authority as an liability management policy to address or other certificate marketing programs expanded authority in Appendix B, Part the tests used to evaluate the impact of and, therefore, not reflect market rates. V. No comments were received on the investments on the percentage decline One commenter suggested early proposal to make it an expanded in NEV, compared to the base case NEV. withdrawal should be subject to a authority, and the Board is retaining it Many commenters opposed this market gain or loss. Another commenter in the revised proposed rule. requirement. Commenters noted tests stated that a corporate is exposed to the Finally, the Board proposed are not appropriate for investments such asset side of the balance sheet when reorganizing the lending section to make as cash instruments, short-term redeeming a liability. A commenter it easier to read. No commenter objected investments, and pure floating-rate noted an early withdrawal penalty to the reorganization; therefore, the investments. Some noted it was should be assessed using all liquidity revised proposal incorporates the impractical and untimely to run a factors including size, bid or offer proposed changes. complete NEV analysis to establish a spreads, certificate features, and market base case at the time of each investment conditions. A number of commenters Asset and Liability Management, transaction. Others suggested reflecting suggested that no changes to the current Section 704.8 the tests in operating procedures, rather regulation are needed. The proposed rule deleted the term than policies, and reviewing as a The Board is persuaded that no ‘‘net interest income’’ because it is no supervisory issue. substantive change is needed to this longer used in the regulation and NCUA does not intend to require section and has withdrawn the amended the definitions of ‘‘net corporate policies to specify tests for proposed amendments. The Board notes economic value (NEV)’’ and ‘‘fair investments with minimal investment the current rule requires a market based value.’’ NEV means the fair value of rate risk. In addition, the Board would penalty sufficient to cover the estimated assets minus the fair value of liabilities. not expect tests to evaluate the impact replacement cost of the liability The amended definition excluded from of an investment in a wholesale redeemed. The Board proposes to clarify
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that this means the minimum penalty from the specified parallel shock tests, comments were received on these must be reasonably related to the rate or a base case NEV ratio, of less than sections. The proposed changes were that the corporate would be required to two percent, rather than one percent. non-substantive grammatical offer to attract funds for a similar term Some commenters supported the two amendments. The revised proposal with similar characteristics. NCUA percent minimum NEV ratio. One incorporates the proposed amendments agrees the minimum penalty was not commenter advocated establishing the and also designates the OCCU Director intended to cover limited offerings of minimum NEV limit under the shock to respond to regulatory violations. liabilities with above market rates. The scenarios at one percent, rather than two There has been some confusion minimum penalty also does not reflect percent. The Board notes the proposed regarding when reports of violations the value of any specific asset of the definition of NEV is intended to must be made. The Board notes the 10- corporate. A gain does not appear estimate the reserve of capital available day time period runs from the date the consistent with the notion of a penalty to manage all other risks of the corporate first produces or receives for early withdrawal. In the event a corporate other than the risks associated reports of its NEV. Revisions or reruns member needs liquidity in advance of with changes in interest rates. The of reports do not delay the reporting maturity of a share certificate bearing an section is retained as proposed. requirement. above market rate, the Board suggests Section 704.8(d)(1)(iii). The proposal Divestiture, Section 704.10 the corporate offer a share secured loan, reduced the NEV decline limit for a base as appropriate. As the commenters corporate from 18 to 10 percent. The Board did not propose any suggest, the Board will leave to the Numerous commenters opposed the changes to this provision, however, marketplace the determination of proposed limit of 10 percent, since it because of confusion concerning this penalties above the minimum penalty may reduce the currently permissible provision, the Board proposes retitling it specified in the rule. amount of interest rate risk for some ‘‘Investment Action Plan.’’ This change corporates. Many commenters requested clarifies that divestiture is not the only Interest Rate Sensitivity Analysis, the Board re-evaluate the limits to avoid remedy available under this section. Section 704.8(d) diminishing the permitted amount of Corporate CUSOs, Section 704.11 The proposal deleted the requirement interest rate risk exposure. In contrast, to conduct net interest income one commenter suggested reducing the The proposed rule added new due simulations. Many commenters NEV decline limit further, to 8 percent, diligence requirements for corporates’ supported this elimination, and it is to maintain parity on average with the loans to corporate CUSOs. These deleted in the revised proposed rule. current rule, and one commenter requirements were taken from the The existing rule requires a corporate supported the change. One commenter member business loan rule. All six of to evaluate the impact of shocks in the noted the reduction may have the the commenters that commented on this Treasury yield curve on its NEV and unintended consequence of encouraging issue opposed the additional NEV ratio. One commenter suggested issuance of additional MC as a way of requirements. Commenters suggested deleting the word ‘‘Treasury,’’ since the maintaining the dollar value of underwriting is a supervision issue and market has moved away from the permissible at risk NEV. should be addressed as part of the Treasury yield curve as a benchmark. In Based on the comments, the Board examination process and not in a response, the revised proposed rule has re-evaluated the NEV decline limit regulation. One of the commenters omits the word ‘‘Treasury.’’ NCUA for a base corporate. The revised noted that this requirement may limit a recognizes risk management proposed rule establishes a limit of 15 corporate’s desire to provide necessary practitioners often use a yield curve percent. This increases the amount of liquidity to key service providers. based on London Interbank Offered interest rate risk most base corporates The Board believes these due Rates (LIBOR). may undertake compared to the existing diligence requirements are the Section 704.8(d)(1)(i). The proposed regulation. The Board is comfortable minimum requirements necessary to rule increased from two to three percent with the increased risk because the insure the corporate is engaging in safe the minimum base case NEV ratio that corporate system has improved its and sound lending practices. The triggers monthly interest rate sensitivity ability to measure interest rate risk since requirements should not place a new analysis testing. A number of the existing regulation was adopted. burden on corporates because any commenters supported this increased NCUA recognizes that taking prudently corporate that makes a loan to a NEV ratio. One commenter observed it controlled risk is necessary to obtain corporate CUSO should already be was a sound business practice to assess reasonable returns. The Board declines following these requirements. monthly the impact of interest rate to impose a limit that may reduce Six commenters requested that the shocks on NEV, NEV ratio, and net substantially the amount of interest rate current 15 percent aggregate limit for interest income. Another commenter risk a base corporate may undertake. investments in and loans to corporate suggested setting the trigger at four However, the Board cautions against CUSOs be increased to 30 percent and percent, rather than three percent, since over reliance on MC as a way of the additional 15 percent for loans that the base case NEV ratio for most increasing the amount of interest rate are fully secured be retained. corporates will increase significantly risk permitted. The Board agrees that with respect to because of the new definition of NEV. Section 704.8(d)(2). The proposed loans to corporate CUSOs. Because of The Board believes it is a sound rule required all corporates to assess the mandatory due diligence business practice to assess interest rate annually whether it is appropriate to requirements, a corporate’ lending risk periodically, as appropriate, and conduct periodic, additional, interest limits should be increased to 30 percent. continues to believe at least quarterly rate risk tests. These additional tests The Board has safety and soundness analysis is appropriate for base level formerly were triggered based on the concerns with increasing the investment corporates. The revised proposed rule is level of unmatched embedded options. limits to 30 percent. Therefore, the retained as proposed. A number of commenters supported this revised proposed rule maintains a limit Proposed § 704.8(d)(1)(ii) limited a change, and it is retained as proposed. of 15 percent of capital for investments corporate’s risk exposure to levels that Regulatory Violations, and Policy in corporate CUSOs, increases the do not result in any NEV ratio resulting Violations, section 704.8(e) and (f). No aggregate limit for loans and
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investments to 30 percent of capital, and those currently offered by corporates not specifically listed as an example retains the additional 15 percent for inhibits the possibility of future under a broad category. An opinion loans that are fully secured. development and could force credit from OGC is recommended if there is Six commenters requested that the unions to go to competitor banks for doubt as to whether a specific service current audit requirements in services; and securities safekeeping, falls within one of the broad categories. § 704.11(d)(3) be modified to permit a custodial and brokerage services should In those situations, a corporate that does consolidated CPA audit for wholly be added to the list of permissible not consult with OGC runs the risk of owned CUSOs. This modification would services. Several commenters objected engaging in an impermissible activity mirror the practice that is currently to changing the name from ‘‘services’’ to and being subject to supervisory action. permissible for natural person CUSOs. ‘‘permissible services.’’ One commenter The proposal deleted the requirement 63 Fed. Reg. 10743, 10747 (March 5, objected to limiting services of that services to nonmember natural 1998). The Board agrees but does not federally-insured, state-chartered credit person credit unions through a believe it is necessary to state it in the unions (FISCUs). The commenter noted correspondent services agreements regulations since this is a requirement that prior to 1998, this provision did not could only be provided to those natural under GAAP for wholly owned CUSOs. apply to FISCUs. person credit unions’ branch offices in Six commenters supported revising The commenter that supported this the corporate’s geographic field of § 704.11(b) so that it mirrors § 712.6 of provision commended NCUA for membership. In addition, the proposal the natural person CUSO rule. Section interpreting permissible services more clarified that a correspondent services 704.11(b) prohibits a corporate from broadly than the current interpretation. agreement is an agreement between two acquiring control directly or indirectly The commenter suggested listing the corporates for one of the corporates to of another ‘‘financial institution’’ and services as an appendix to the rule. provide services to the members of the § 712.6 prohibits a natural person credit The Board believes some commenters other. Eleven of the 13 commenters that union from acquiring control directly or may have been confused even though commented on this issue objected to the indirectly of anther ‘‘depository the proposal specifically stated that the clarification. financial institution.’’ The Board agrees services listed were broad categories. To The negative commenters stated that and has placed the modifier eliminate confusion, the Board is listing the requirement: Ignores the reality that ‘‘depository’’ before ‘‘financial the permissible services in categories in a credit union can join almost any institution.’’ the same manner they are listed in parts corporate; is an antitrust violation and The commenters generally supported 712 and 721. In addition, like parts 712 is in restraint of trade; Ignores the clarifying in the CUSO rule that the and 721, examples of the service are set existing practice; creates a competitive aggregate limit of § 723.16, the member out under each category. The Board edge for noncredit union competitors; business loan rule applies to loans to does not agree that the permissible and will hinder the process of CUSOs. The commenters objected to the services for a corporate credit union establishing relationships that will lead other provisions of part 723 applying to should be the same as for a natural to membership. Several commenters those loans and cited a Guidance letter person credit union. The mission of a noted that, with national fields of issued by the OCCU as support for their corporate credit union is serving its membership, any credit union can join position. The intent of the proposal, as natural person credit union members, a corporate and NCUA needs to define well as the revised proposal, is not to whereas, the mission of a natural person member. have any additional requirements in credit union is serving natural persons. The two commenters that supported part 723 apply except those listed as These two distinct missions lead to very this provision noted that corporates are due diligence requirements. different services for members. The still financial cooperatives formed to Board is retaining the six broad benefit members and that a national Permissible Services, Section 704.12 categories in the proposed, adding the field of membership does not change The Board proposed listing six broad category of trustee or custodial services, that basic principle. categories of permissible financial and including examples under each The Board agrees with the two services for corporate credit unions. category. The Board notes that trustee positive commenters that corporates, They are: Credit and investment services are limited to those permitted like natural person credit unions, are services; liquidity and asset liability in part 724. Custodial services include formed to serve their members. Natural management; payment systems; acting as custodian or safekeeper of person credit unions are permitted as electronic financial services; sale or securities or other investments for your part of correspondent services to lease of excess physical or information members. When performing these provide services to other natural person system capacity; and operational services, you must comply with credit unions, but are only permitted to services associated with administering applicable laws, including securities serve, nonmember natural persons or providing financial products or laws. through an agreement with the services. Currently, permissible services At the commenters’ suggestion, the nonmember’s natural person credit are not defined but are limited in the Board is adding a provision similar to union. 12 CFR 721.3(b). The revised preamble to the final rule to ‘‘traditional the provisions in parts 712 and 721 proposed rule for corporates, like that loan, deposit and payment services.’’ 61 concerning adding new permissible for natural person credit unions, FR 28085, 28096 (June 4, 1996). services. The new section permits requires an agreement between two Twenty of the 21 commenters that corporates to petition the Board to add corporates for one corporate to provide commented on this provision objected a new service to § 704.12 and services to the members of the other. In to the proposed list of services. Some of encourages them to seek an advisory addition, although not in the initial the reasons given in opposition were opinion from the Office of General proposal, the revised proposal permits that: services should be the same as Counsel (OGC) on whether a proposed corporates to provide services to other those listed in part 721; a corporate service is already covered by one of the nonmember corporates through a should be able to seek approval for authorized categories before filing a correspondent services agreement, just additional services, as in parts 712 and petition. The rule does not require a as natural person credit unions are 721; the services should be listed as corporate to come to OGC for an opinion permitted to provide services to other broad categories; limiting services to every time it wants to provide a service natural person credit unions through an
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agreement. Finally, correspondent and the credit union trade association threshold before the earnings retention services are now listed under affiliate. Therefore, the revised proposal requirement is in effect. For reasons permissible services. retains the definition of ‘‘credit union previously cited, the Board remains The proposal also moved the current trade association’’ in the initial unconvinced that a credit-risk weighted prohibition on the purchase of proposal. capital system for corporate credit ‘‘mortgage servicing rights’’ from the The proposal amends the requirement unions is a preferred method for investment section to this section and in § 704.14(a) that both federal and determining capital adequacy. renames it ‘‘loan servicing rights.’’ state-chartered corporates comply with Several comments were received Three commenters objected to this federal corporate bylaws governing regarding eliminating § 704.19(c)(1). current prohibition stating that it is election procedures to require all This section addressed separate rules for arbitrary and contrary to the concept of corporates comply with § 704.14(a) minimum NEV ratio and maximum NEV business aggregation. The Board is not governing election procedures. All four volatility. Several commenters objected persuaded by these three commenters commenters that commented on this to eliminating this provision citing a based on its safety and soundness amendment agreed with the proposed wholesale corporate’s need for greater concerns with corporates engaging in change. The Board is retaining these flexibility in managing liquidity. One this type of activity. The Board will changes in the revised proposal. commenter supported the proposed rule maintain the current prohibition in the stating there is no basis for maintaining Wholesale Corporate Credit Unions, revised proposed rule. different regulatory requirement for a Section 704.19 wholesale corporate. The Board Fixed Assets, Section 704.13 The proposed rule eliminated continues to believe exposures The proposal eliminated the existing separate wholesale corporate rules for associated with interest rate risk are the regulatory limit on fixed assets of 15 minimum capital ratio, minimum NEV same regardless of the type of corporate. percent of capital. The proposal noted ratio, and maximum NEV volatility. In Therefore, the Board has eliminated this the monitoring of fixed assets is best addition, it eliminated reserve transfer section in the revised proposal. accomplished through ongoing and annual validation of the asset and Two commenters supported the supervision rather than through liability management modeling system proposed elimination of § 704.19(c)(2) regulation. requirements. A new provision was that requires a wholesale corporate to The few commenters that commented added that decreased the minimum obtain an annual third-party review of on this change supported the RUDE ratio requirement for a wholesale its asset and liability management elimination. Therefore, the revised corporate to 1 percent, as opposed to the modeling system. This section is proposal reflects this change. 2 percent requirement for other eliminated in the revised proposed rule. corporates. Representation, Section 704.14 Four commenters addressed capital. Appendix A to Part 704—Model Forms The proposal clarified that the term None of the commenters addressed the The proposal added language to the ‘‘credit union trade association’’ in minimum capital ratio, but all four model forms to clarify the treatment of § 704.14(a) includes the term affiliates opposed establishing a 1 percent MC and PIC in the event of the merger, by adding to the regulation the minimum RUDE ratio requirement liquidation, or charter conversion of a definition of ‘‘credit union trade citing the same reasons they opposed member credit union or the corporate association’’ in the preamble to the prior the 2 percent minimum RUDE ratio for credit union. The proposal also noted final rule. 59 Fed. Reg. 59357, 59358, other corporates. Two commenters that the model forms only set forth the November 17, 1994. Thirteen of the 14 recommended adopting a credit-risk minimum disclosure requirements and commenters that commented on this weighted capital approach for a that there may be additional disclosures clarification objected to adding a wholesale corporate. Both commenters required that the Board has not definition of ‘‘credit union trade stated a credit-risk weighted capital considered. The Board proposed association.’’ The commenters system is a more appropriate eliminating the wording that states erroneously perceived this as a change, measurement of capital adequacy than a corporates using the model forms are in stated that it unnecessarily limits the RUDE ratio. compliance with all disclosure pool of qualified applicants, and it is As discussed in the section requirements. not needed in light of the recusal addressing capital, the Board is One commenter indicated full support provisions in § 704.14(d). The one persuaded to eliminate a minimum for all the proposed changes in this positive commenter supported the RUDE ratio requirement but remains section. Several commenters suggested a change because it clarifies the use of the convinced retained earnings are a revision to allow either the corporate’s terms ‘‘affiliates’’ and ‘‘trade critical component of capital. Therefore, chair or the CEO to sign the annual association.’’ the Board is establishing an earnings disclosure. Eight commenters objected The Board continues to believe that retention requirement when the retained only to the removal of the wording that the chairman of the board of a corporate earnings ratio is below 1 percent. The indicates a corporate using the model should not serve simultaneously as an Board believes implementing an forms will be in compliance with the officer, director or chair of a national earnings retention requirement, in lieu disclosure requirements. They suggested credit union trade association or its of a minimum RUDE ratio requirement, the value of providing model forms is to affiliates. As the Board stated when this addresses both the need to maintain an assist the industry in complying with provision was originally drafted, ‘‘the appropriate level of retained earnings regulatory requirements and expressed chair should be an individual whose and eliminates concerns expressed concern with having compliance with loyalty is in no way divided between about restricting a wholesale corporate the terms and conditions of MC and PIC the corporate credit union and a trade credit union’s ability to accept deposits. accounts left to an examiner’s association.’’ 59 FR 59357, 59358, Recognizing the unique position of a discretion. November 17, 1994. (Emphasis added). wholesale corporate credit union in the The Board wants each corporate to If the Board were to exclude affiliates two-tier corporate system, the Board is have the ability to utilize MC and PIC from the definition, the chair’s loyalty establishing a 1 percent, rather than a 2 to achieve the best results for its could be divided between the corporate percent, retained earnings ratio institution and its members. As such, a
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corporate’s officials may develop In addition, the proposed rule For Part I, the Board proposed to limit features in their MC or PIC offerings that included minimum standards for any volatility to a maximum of 15 and 20 the Board did not consider in adopting corporate credit union participating in percent when the corporate credit union the model forms. The Board wants expanded authorities. The minimum had committed to a minimum capital corporates to have the freedom to standards included requirements for requirement of four and five percent, develop unique MC and PIC accounts, monthly NEV modeling and annual respectively. For Part II the board while ensuring member credit unions updating of a corporate’s self- proposed to limit volatility to 15, 20, receive appropriate disclosure on these assessment. No commenters objected to and 30 percent when a corporate credit accounts. Therefore, in the revised the NEV modeling requirement; union had committed to a minimum proposed regulation, the Board has however, twelve commenters opposed capital requirement of four, five, or six eliminated the wording that states the establishment of a requirement to percent, respectively. Several corporate credit unions using the model update the self-assessment plan commenters objected to these volatility forms are in compliance with all originally submitted in a request for levels recommending that volatility disclosure requirements. expanded authority. The Board is levels remain at existing levels. One The revised proposal also places the persuaded that updating the self- signature requirements for the assessment would be overly commenter recommended lowering the disclosures that are currently only burdensome. Therefore, the Board has volatility levels even further. found in the disclosures in the deleted that requirement from the After reviewing the comments, the regulation in § 704.3(b)(2) and (c)(1). revised proposed rule. Board is persuaded to increase the Appendix B to Part 704—Expanded The Board proposed allowing proposed volatility levels as noted in Authorities and Requirements corporates to select the level of NEV Table 1. The Board is establishing NEV decline limits for a base-plus corporate Appendix B provides corporates with volatility they choose given their level incrementally greater authorities of capital. Recognizing that all credit union of 20 percent, as illustrated provided additional infrastructure and corporates do not operate at or seek the in Table 1. The Board is adopting the capital requirements are met. The same levels of risk, the Board proposed menu-driven approach proposed for proposed rule introduced a more to reduce mandatory capital levels if only Part II expanded authority for flexible approach to expanded NEV volatility is maintained at lower corporates requesting both Part I and authorities. The Board proposed levels and to increase it as volatility Part II expanded authorities. The NEV changes to this section to: incorporate increases. The Board believed this limits in Table 1 reflect reasonable base plus expanded authorities under menu-driven approach would reduce levels of volatility given the this appendix; expand permissible burden on corporate credit unions, infrastructure requirements imposed by credit ratings on investments; permit allowing them to better manage their this rule. A corporate can obtain greater corporates that precommit to a higher risk taking activities in coordination levels of NEV volatility with Part I level of capital the option of a higher with capital levels. No commenters authority without incurring the level of interest rate risk; ease the opposed the approach; however, several infrastructure costs associated with the commenters opposed the limits requirements for corporates to ability to assume the additional credit established in the proposed rule. participate in risk reducing derivative risk permitted in Part II. This flexibility activities; and permit corporates to In the proposed rule, the Board is being provided to enable corporates to participate in loan participations with limited volatility for a base plus manage their balance sheets better. natural person credit unions. corporate to a maximum of 15 percent.
TABLE 1.—NEV DECLINE LIMITS [in percent]
Revised pro- Minimum cap- Proposed rule posed rule Level of expanded authorities ital require- NEV decline NEV decline ment limit limit
Base plus ...... 4 15 20 Part I ...... 4 15 20 5 20 28 6 (1) 35 Part II ...... 4 15 20 5 20 28 6 30 35
1 Not proposed. The Board’s estimates of the effect of the NEV decline limits on corporates with expanded authorities are summarized in Table 2. Although the estimated permitted NEV declines are smaller for some corporates with expanded authorities, no corporates reported NEV declines under adverse rate shocks will violate the new NEV decline limits.
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TABLE 2.—ESTIMATES OF PERMITTED DECLINES IN NEV FOR BASE-PLUS, PART I, AND PART II CORPORATE CREDIT UNIONS SIMPLE AVERAGES FOR THE QUARTERS ENDING JUNE 2000 THROUGH MARCH 2001
Permitted de- NEV ratio NEV decline cline as % of limit FV of assets
Base plus Current Rule ...... 4.33 25 1.06 Proposed Rule ...... 9.24 20 1.85 Part I Current Rule ...... 3.62 35 1.27 Proposed Rule 20 ...... 8.44 20 1.69 Proposed Rule 28 ...... 8.44 28 2.36 Proposed Rule 35 ...... 8.44 35 2.95 Part II Current Rule ...... 3.53 50 1.76 Proposed Rule 20 ...... 6.51 20 1.30 Proposed Rule 28 ...... 6.51 28 1.82 Proposed Rule 35 ...... 6.51 35 2.28
The Board will permit any corporate term investment (including asset-backed to engage in when-issued trading when currently approved for Part I or Part II securities) to A¥. One commenter accounted for on a trade date basis. The Expanded Authorities to request to objected to the lowering of the credit revised proposed § 704.5(h) would lower its NEV decline limit in standards, since it believes that permit all corporates, including those conjunction with a request to lower its corporates should only invest in the with expanded authorities, to engage in minimum capital requirement from 5 or highest rated instruments. The Board when-issued trading when accounted 6 percent, respectively. believes these proposed levels of risk for on a trade date basis. The reference As discussed in § 704.8, asset and are appropriate because of the credit to when-issued trading in Parts I and II liability management, the Board risk analysis infrastructure requirements is no longer necessary and is deleted in proposed to establish limits for the for Part I and has retained them in the the revised proposal. aggregate credit exposure to a single revised proposed rule. In both Part I and II, the Board obligor at 50 percent of capital. This Currently, corporates cannot purchase proposed clarifying that the aggregate limit provides corporates with a short-term investment rated lower loan limits apply to both revocable and substantial flexibility in comparison to than A¥1. For Part I corporates, the irrevocable lines of credit. Currently, the other depository institutions. The Board Board proposed lowering the minimum rule only states ‘‘irrevocable lines of believes this limit is the most credit rating requirement for a short-term credit.’’ The Board deleted the modifier exposure a corporate credit union investment (including asset-backed ‘‘irrevocable’’ to clarify this. No should prudently take in investment securities) to A¥2, provided the issuer comments were received on this quality investments. This 50 percent had a long-term rating no lower than proposed change and it is adopted in limit will apply to all corporates. A¥. Again, one commenter objected to the revised proposed rule. The Board proposed expanding the the lowering of the credit standards, Part II exception from the general credit since it believes that corporates should concentration rule for repurchase and only invest in the highest rated Currently, corporates with Part II securities lending transactions for instruments. As stated above, the Board authority can purchase long-term corporate credit unions with Part I or II believes these proposed levels of risk investments rated no lower than A¥ (or authority. Due to the increased are appropriate because of the credit equivalent). The Board proposed infrastructure requirements for Part I risk analysis infrastructure requirements lowering the minimum rating and II, the Board proposed to establish for Part I and has adopted them in the requirement for a long-term investment a 300 percent limit for Part I, and 400 revised proposed rule. The revised (including asset-backed securities) to percent limit for Part II. Several proposed rule clarifies that an asset- BBB (flat). Several positive comments commenters objected to the limits backed security with a short-term rating were received on this change. One stating that the lower levels will of A¥2 is permissible. commenter believed even lower rated significantly reduce their existing limits. The Board proposed to delete instruments should be permitted. Given The Board believes the proposed levels authority for Part I corporates to enter the additional credit risk analysis of risk are appropriate because of the into a repurchase transaction where the infrastructure requirements of a Part II increased requirements for credit collateral securities are rated no lower corporate, the Board believes the analysis for Part I and II corporates; than A (or equivalent). This authority is proposed rating is appropriate and has however, the Board believes increasing no longer necessary because the revised adopted it in the revised proposed rule. the limits beyond those proposed would proposed rule permits Part I corporates Currently, corporates cannot purchase not be prudent. to purchase long-term investments rated a short-term investment rated lower no lower than A¥ (or equivalent). No than A¥1 (or equivalent). For Part II Part I comments we received on this change corporates, the Board proposed lowering Currently, corporates with Part I and the Board has adopted it in the the minimum rating requirement for a authority can purchase long-term revised proposed rule. short-term investment (including asset- investments rated no lower than AA¥. The current rule generally prohibits backed securities) to A¥2 (or The Board proposed lowering the when-issued trading, but allows equivalent), provided the issuer has a minimum rating requirement for a long- corporates with Part I and II authorities long-term rating no lower than BBB
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(flat). One commenter believed even The current rule limits non-secured adopting this provision as proposed in lower rated instruments should be obligations of any single foreign issuer the revised proposed rule. permitted. Given the additional credit to 150 percent of RUDE and PIC. The The current rule is silent as to risk analysis infrastructure requirements Board proposed to limit all obligations counterparty ratings for derivative of a Part II corporate, the Board believes of any single foreign issuer or guarantor transactions with foreign and domestic the proposed rating is appropriate and to 50 percent of capital. The Board counterparties. The Board proposed to has adopted it in the revised proposed believes the limits for foreign issuers or clarify its intent by adding language in rule. The revised proposed rule clarifies guarantors should be parallel to those of Part IV making the rating requirements that an asset-backed security with a domestic obligors and based on capital parallel with the corporates other short-term rating of A¥2 is permissible. rather than RUDE and PIC. The current permissible activities. Several Currently, corporates with Part II rule limits non-secured obligations of commenters noted that requiring the authority must establish limits for any single foreign country to 500 counterparty to be rated unintentionally secured and unsecured loans as a percent of RUDE and PIC. The Board limited a corporate’s ability to enter into percentage of the corporate’s capital proposed to limit all obligations of any transactions with government sponsored plus pledged shares. The Board single foreign country to 250 percent of enterprises, member credit unions, and proposed to limit unsecured loans to capital. This change equates the existing special purpose entities fully guaranteed 100 percent of capital. This proposed limit based on RUDE and PIC to a limit by an entity with a minimum rating for unsecured loan limit is the same as that using the new definition of capital. The comparable term permissible for a Part I corporate. One commenter Board noted that sovereign risk is investments. Based on these comments, noted that corporates operating at this present in foreign debt obligation, the Board is adding clarifying language level of expanded authority are capable whether secured or unsecured. No to the revised proposed rule excluding of making a credit decision and negative comments were received on those specific entities from the Part IV establishing limits utilizing their own these changes, and the Board is rating requirements. expertise. The Board does not believe it adopting them in the revised proposed Part V is appropriate for any corporate to risk rule. more than 100 percent of its capital to As discussed in the lending section, any one member credit union on an Part IV new Part V gives corporates the unsecured basis. The Board has adopted Part IV expanded authorities have authority to enter into loan the proposed limit in the revised been restructured to provide more participations with their member credit proposed rule. flexibility among corporates seeking to unions. Several commenters objected to use derivatives to reduce risk. the proposed individual and aggregate Part III The current rule requires corporates participation loan limits of 25 and 100 Corporates with Part III authority may to have either Part I or II expanded percent of capital, respectively. These purchase certain foreign investments. authorities to qualify for Part IV. The commenters recommended the Board The current rule requires the foreign proposal removed this requirement. The establish individual and aggregate country to be rated no lower than AA Board believes that all corporates participation loan limits on a case-by- (or equivalent) for political and demonstrating and possessing the case basis. The Board believes safety economic stability. The Board proposed resources, knowledge, systems, and and soundness factors require retention to replace this requirement with a procedures necessary to measure, of the 25 percent individual member requirement for a long-term foreign monitor, and control the risks associated credit union limit. A greater currency (non-local currency) debt with derivative transactions should be concentration of capital for an rating no lower than AA¥ (or permitted to use these powers. As with individual member credit union, equivalent). No negative comments were all expanded authorities, the corporate particularly, for non-recourse received so the Board has adopted this in its application must detail the participation loans, could jeopardize the change in the revised proposed rule specific types of derivatives they may future viability of a corporate because The Board proposed to relax the bank utilize. The Board believes that recovery on those loans is limited to the issuer or guarantor rating from AA (or derivative transactions, used properly, natural person borrower. equivalent) to AA¥ (equivalent). This reduce risk to the institution and its The Board agrees with the change represented only a minor members. commenters on the issue of establishing increase in risk, and provided Part III The current rule provides that a aggregate participation loan limits on a corporates with additional investment corporate may use such derivatives only case-by-case basis. The revised alternatives. Five commenters noted for creating structured instruments and proposed rule permits this; however, the that corporates should be allowed to hedging its own balance sheet and the Board only intends to permit aggregate take credit risk on foreign investments balance sheet of its members. The participation loan limits above 100 at the same level as permitted for proposed rule delineated between the percent of capital after a corporate domestic issuers. The Board was various permissible activities and demonstrates its ability to manage this persuaded that a credit rating by an clarified the Board’s original intent, as activity soundly. Once a corporate has NRSRO is consistent between foreign it relates to hedging ‘‘its own balance demonstrated its ability to soundly and domestic issuers, so the revised sheet and the balance sheet of its manage this activity, the OCCU Director proposed rule is modified to allow members.’’ The Board believes may authorize greater aggregate corporates the same credit rating levels corporates should be allowed to manage participation loan limits. for foreign and domestic issuers at their their own balance sheets, which may at level of authority. In addition, several times add risk. The Board’s intent as it Delegations of Authority commenters noted that the rule favored relates to ‘‘its members’’ is that the Although not in the initial proposed banks over other foreign counterparties. activities only be related to risk rule, the Board, in an effort to The Board agrees this wording favored reduction. An example of this is to streamline the regulatory approval foreign banks and has modified the reduce a member’s exposure to fixed process, has delegated to the OCCU revised proposed rule to allow foreign rate mortgage loans by swapping a fixed Director in the revised proposal, the counterparties, not just banks. rate for a floating rate. The Board is authority to act on its behalf in
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§§ 704.3(e), (g) and (i); 704.8(e); 704.10; effect on the states, on the relationship the time of investment or adjustment. 704.15; and 704.19(b). between the national government and Paid-in capital and membership capital the states, or on the distribution of are defined in part 704 of this chapter. Regulatory Procedures power and responsibilities among the * * * * * Regulatory Flexibility Act various levels of government. However, The Regulatory Flexibility Act the potential risk to the NCUSIF without PART 704—CORPORATE CREDIT requires NCUA to prepare an analysis to the proposed changes justifies them. UNIONS describe any significant economic The Treasury and General Government 3. The authority citation for part 704 impact any proposed regulation may Appropriations Act, 1999—-Assessment will continue to read as follows: have on a substantial number of small of Federal Regulations and Policies on Authority: 12 U.S.C. 1762, 1766(a), 1781, entities (those under $1 million in Families and 1789. assets). The rule only applies to The NCUA has determined that this corporates, all of which have assets well 4. Amend § 704.2 as follows: proposed rule will not affect family in excess of $1 million. The proposed a. Remove the definition of well-being within the meaning of amendments will not have a significant ‘‘commercial mortgage related security’’, section 654 of the Treasury and General economic impact on a substantial ‘‘correspondent services’’, ‘‘expected Government Appropriations Act, 1999, number of small credit unions and, maturity’’, ‘‘long term investment’’, ‘‘ Pub. L. 105–277, 112 Stat. 2681 (1998). therefore, a regulatory flexibility market price’’, ‘‘member paid-in analysis is not required. Agency Regulatory Goal capital’’, ‘‘mortgage servicing’’, ‘‘net interest income’’, ‘‘non member paid-in Paperwork Reduction Act NCUA’s goal is to promulgate clear capital’’, ‘‘non secured obligation’’, and understandable regulations that ‘‘prepayment model’’, ‘‘real estate NCUA has determined that the impose minimal regulatory burden. We proposed regulation does not increase mortgage investment conduit (REMIC)’’, request your comments on whether the ‘‘reserve ratio’’, ‘‘reserves and undivided paperwork requirements under the proposed rule is understandable and Paperwork Reduction Act of 1995 and earnings’’, ‘‘short-term investment’’, and minimally intrusive if implemented as ‘‘trade association’’; regulations of the Office of Management proposed. and Budget (OMB). NCUA currently has b. Revise the definitions of ‘‘capital’’, OMB clearance for part 704’s collection List of Subjects ‘‘collateralized mortgage obligation requirements (OMB No. 3133–0129). (CMO)’’, ‘‘ fair value’’, ‘‘forward 12 CFR Part 703 settlement’’, ‘‘membership capital’’, Executive Order 13132 Credit unions, Investments. ‘‘mortgage related security’’, ‘‘paid-in capital’’, ‘‘regular-way settlement’’, Executive Order 13132 encourages 12 CFR Part 704 independent regulatory agencies to ‘‘repurchase transaction’’, and ‘‘residual consider the impact of their actions on Credit unions, Reporting and record interest’’; state and local interests. In adherence to keeping requirements, Surety bonds. c. Amend the definitions of ‘‘asset- fundamental federalism principles, By the National Credit Union backed security’’ by revising the last NCUA, an independent regulatory Administration Board on June 20, 2002. sentence, and ‘‘net economic value agency as defined in 44 U.S.C. 3502(5), Becky Baker, (NEV)’’ by revising the second and third voluntarily complies with the executive Secretary of the Board. sentences; and order. The executive order states that: d. Add new definitions for ‘‘core Accordingly, NCUA proposes to ‘‘National action limiting the capital’’, ‘‘core capital ratio’’, ‘‘limited amend 12 CFR parts 703 and 704 as policymaking discretion of the states liquidity investment’’, ‘‘obligor’’, follows: shall be taken only where there is ‘‘quoted market price’’, ‘‘retained constitutional and statutory authority PART 703—INVESTMENT AND earnings’’, and ‘‘retained earnings for the action and the national activity DEPOSIT ACTIVITIES ratio’’. is appropriate in light of the presence of § 704.2 Definitions. a problem of national significance.’’ The 1. The authority citation for part 703 risk of loss to federally-insured credit will continue to read as follows: * * * * * Asset-backed security * * * This unions and the NCUSIF caused by Authority: 12 U.S.C. 1757(7), 1757(8), and actions of corporates are concerns of 1757(15). definition excludes mortgage related national scope. The proposed rule, if securities. 2. Amend § 703.100 paragraph (c) by Capital means the sum of a corporate adopted, will help assure that proper revising the second and third sentences safeguards are in place to ensure the credit union’s retained earnings, paid-in and adding a fourth sentence to read as capital, and membership capital. safety and soundness of corporates. follows: The proposed rule, if adopted, applies * * * * * to all corporates that accept funds from § 703.100 What investments and Collateralized mortgage obligation federally-insured credit unions. NCUA investment activities are permissible for (CMO) means a multi-class mortgage believes that the protection of such me? related security. credit unions, and ultimately the * * * * * Core capital means the corporate NCUSIF, warrants application of the (c) * * * Your aggregate amount of credit union’s retained earnings and proposed rule to all corporates, paid-in capital and membership capital paid-in capital. including nonfederally insured. The in one corporate credit union is limited Core capital ratio means the corporate proposed rule does not impose to two percent of your assets measured credit union’s core capital divided by its additional costs or burdens on the states at the time of investment or adjustment. moving daily average net assets. or affect the states’ ability to discharge Your aggregate amount of paid-in * * * * * traditional state government functions. capital and membership capital in all Fair value means the amount at which NCUA has determined that this corporate credit unions is limited to an instrument could be exchanged in a proposal may have an occasional direct four percent of your assets measured at current, arms-length transaction
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between willing parties, other than in a underlying an asset-backed security, the e. Revise redesignated paragraphs (e) forced or liquidation sale. Quoted servicer of such receivables, or an heading, (e)(1) introductory text, (e)(2) market prices in active markets are the insurer of an investment. and (e)(3)(iii) and (f). best evidence of fair value. If a quoted * * * * * § 704.3 Corporate credit union capital. market price in an active market is not Paid-in capital means accounts or available, fair value may be estimated (a) Capital plan. * * * other interests of a corporate credit (b) Requirements for membership using a valuation technique that is union that: are perpetual, non- reasonable and supportable, a quoted capital—(1) Form. Membership capital cumulative dividend accounts; are funds may be in the form of a term market price in an active market for a available to cover losses that exceed similar instrument, or a current certificate or an adjusted balance retained earnings; are not insured by the account. appraised value. Examples of valuation NCUSIF or other share or deposit techniques include the present value of (2) Disclosure. The terms and insurers; and cannot be pledged against conditions of a membership capital estimated future cash flows, option- borrowings. pricing models, and option-adjusted account must be disclosed to the * * * * * spread models. Valuation techniques recorded owner of the account at the Quoted market price means a recent should incorporate assumptions that time the account is opened and at least sales price or a price based on current market participants would use in their annually thereafter. bid and asked quotations. (i) The initial must be signed by either estimates of values, future revenues, and all of the directors of the member credit future expenses, including assumptions Regular-way settlement means union or, if authorized by board about interest rates, default, delivery of a security from a seller to a resolution, the chair and secretary of the prepayment, and volatility. buyer within the time frame that the securities industry has established for board; and * * * * * immediate delivery of that type of (ii) The annual disclosure notice must Forward settlement of a transaction security. For example, regular-way be signed by the chair of the corporate means settlement on a date later than settlement of a Treasury security credit union. The chair must sign a regular-way settlement. includes settlement on the trade date statement that certifies that the notice * * * * * (‘‘cash’’), the business day following the has been sent to member credit unions Limited liquidity investment means an trade date (‘‘regular way’’), and the with membership capital accounts. The investment without a quoted market second business day following the trade certification must be maintained in the price. date (‘‘skip day’’). corporate credit union’s files and be * * * * * Repurchase transaction means a available for examiner review. Membership capital means funds transaction in which a corporate credit (3) Three-year remaining maturity. contributed by members that: are union agrees to purchase a security from When a membership capital account has adjustable balance with a minimum a counterparty and to resell the same or been placed on notice or has a withdrawal notice of 3 years or are term any identical security to that remaining maturity of less than three certificates with a minimum term of 3 counterparty at a specified future date years, the amount of the account that years; are available to cover losses that and at a specified price. can be considered membership capital exceed retained earnings and paid-in * * * * * is reduced by a constant monthly capital; are not insured by the NCUSIF Residual interest means the remainder amortization that ensures membership or other share or deposit insurers; and cash flows from a CMO or ABS capital is fully amortized one year cannot be pledged against borrowings. transaction after payments due before the date of maturity or one year Mortgage related security means a before the end of the notice period. The security as defined in section 3(a)(41) of bondholders and trust administrative expenses have been satisfied. full balance of a membership capital the Securities Exchange Act of 1934 (15 account being amortized, not just the Retained earnings means the total of U.S.C. 78c(a)(41)), e.g., a privately- remaining non-amortized portion, is the corporate credit union’s undivided issued security backed by mortgages available to absorb losses in excess of earnings, reserves, and any other secured by real estate upon which is the sum of retained earnings and paid- appropriations designated by located a dwelling, mixed residential in capital until the funds are released by management or regulatory authorities. and commercial structure, residential the corporate credit union at the time of For purposes of this regulation, retained manufactured home, or commercial maturity or the conclusion of the notice earnings does not include the allowance structure that is rated in one of the two period. for loan and lease losses account, highest rating categories by at least one (4) Release. Membership capital may accumulated unrealized gains and nationally recognized statistical rating not be released due solely to the merger, losses on available for sale securities, organization. charter conversion or liquidation of a accumulated FASB adjustments, or * * * * * member credit union. In the event of a other comprehensive income items. Net economic value (NEV) * * * All merger, the membership capital fair value calculations must include the Retained earnings ratio means the transfers to the continuing credit union. value of forward settlements and corporate credit union’s retained In the event of a charter conversion, the embedded options. The amortized earnings divided by its moving daily membership capital transfers to the new portion of membership capital and paid- average net assets. institution. In the event of liquidation, in capital, which do not qualify as * * * * * the membership capital may be released capital, are treated as liabilities for 5. Amend § 704.3 as follows: to facilitate the payout of shares with purposes of this calculation. * * * a. Amend paragraph (a) by revising the prior written approval of the OCCU Obligor means the primary party the paragraph heading; Director. obligated to repay an investment, e.g., b. Redesignate paragraphs (d) through (5) Sale. A member may sell its the issuer of a security, the taker of a (g) as paragraphs (e) through (h) and membership capital to a credit union in deposit, or the borrower of funds in a paragraph (b) as paragraph (d); the corporate credit union’s field of federal funds transaction. Obligor does c. Remove paragraph (c); membership, subject to the corporate not include an originator of receivables d. Add paragraphs (b), (c), and (i); and credit union’s approval.
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(6) Liquidation. In the event of (4) Liquidation. In the event of necessary or appropriate for the liquidation of a corporate credit union, liquidation of the corporate credit corporate credit union. membership capital is payable only after union, paid-in capital is payable only (3) * * * satisfaction of all liabilities of the after satisfaction of all liabilities of the (iii) After the close of the corporate liquidation estate, including uninsured liquidation estate, including uninsured credit union’s response period, the share obligations to shareholders and share obligations to shareholders, the OCCU Director will decide, based on a the National Credit Union Share NCUSIF, and membership capital review of the corporate credit union’s Insurance Fund (NCUSIF), but holders. response and other information excluding paid-in capital. (5) Merger. In the event of a merger of concerning the corporate credit union, (7) Merger. In the event of a merger of a corporate credit union, paid-in capital whether a different minimum capital a corporate credit union, membership shall transfer to the continuing ratio should be established for the capital transfers to the continuing corporate credit union. corporate credit union and, if so, the corporate credit union. The minimum (6) Paid-in capital includes both capital ratio and the date the three-year notice period for withdrawal member and nonmember paid-in requirement will become effective. The of membership capital remains in effect. capital. corporate credit union will be notified (8) Adjusted balance accounts: (i) (i) Member paid-in capital means of the decision in writing. The notice May be adjusted no more frequently paid-in capital that is held by the will include an explanation of the than once every six months; and corporate credit union’s members. A decision, except for a decision not to (ii) Must be adjusted in relation to a corporate credit union may not establish a different minimum capital measure (e.g., one percent of a member condition membership, services, or ratio for the corporate credit union. credit union’s assets) established and prices for services on a credit union’s (f) Failure to maintain minimum disclosed at the time the account is ownership of paid-in capital. capital ratio requirement. When a corporate credit union’s capital ratio opened without regard to any minimum (ii) Nonmember paid-in capital means falls below the minimum required by withdrawal period. If the measure is paid-in capital that is not held by the paragraphs (d) or (e) of this section, or other than assets, the corporate credit corporate credit union’s members. union must address the measure’s appendix B to this part, as applicable, (7) Grandfathering. A corporate credit permanency characteristics in its capital operating management of the corporate union’s authority to include paid-in plan. credit union must notify its board of capital as a component of capital is (iii) Notice of withdrawal. Upon directors, supervisory committee, and governed by the regulation in effect at written notice of intent to withdraw the OCCU Director within 10 calendar the time the paid-in capital was issued. membership capital, the balance of the days. When a grandfathered paid-in capital account will be frozen (no further instrument has a remaining maturity of * * * * * adjustments) until the conclusion of the less than 3 years, the amount that may (i) Earnings retention requirement. A notice period. be considered paid-in capital is reduced corporate credit union must increase (9) Grandfathering. Membership by a constant monthly amortization that retained earnings if the prior month-end capital issued before the effective date ensures the paid-in capital is fully retained earnings ratio is less than 2 of this regulation is exempt from the amortized 1 year before the date of percent. limitation of § 704.3(b)(8)(i). maturity. The full balance of (1) Its retained earnings must (c) Requirements for paid-in capital— grandfathered paid-in capital being increase: (1) Disclosure. The terms and conditions amortized, not just the remaining non- (i) During the current month, by an of any paid-in capital instrument must amortized portion, is available to absorb amount equal to or greater than the be disclosed to the recorded owner of losses in excess of retained earnings monthly earnings retention amount; or the instrument at the time the until the funds are released by the (ii) During the current and prior two instrument is created and must be corporate credit union at maturity. months, by an amount equal to or signed by either all of the directors of greater than the quarterly earnings the member credit union or, if * * * * * retention amount. authorized by board resolution, the (e) Individual capital ratio (2) Earnings retention amounts are chair and secretary of the board. requirement—(1) When significant calculated as follows: (2) Release. Paid-in capital may not be circumstances or events warrant, the (i) The monthly earnings retention released due solely to the merger, OCCU Director may require a different amount is determined by multiplying charter conversion or liquidation of a minimum capital ratio for an individual the earnings retention factor by the prior member credit union. In the event of a corporate credit union based on its month-end moving daily average net merger, the paid-in capital transfers to circumstances. Factors that may warrant assets; and the continuing credit union. In the event a different minimum capital ratio (ii) The quarterly earnings retention of a charter conversion, the paid-in include, but are not limited to, for amount is determined by multiplying capital transfers to the new institution. example: the earnings retention factor by moving In the event of liquidation, the paid-in * * * * * daily average net assets for each of the capital may be released to facilitate the (2) When the OCCU Director prior three month-ends. payout of shares with the prior written determines that a different minimum (3) The earnings retention factor is approval of the OCCU Director. capital ratio is necessary or appropriate determined as follows: (3) Callability. Paid-in capital for a particular corporate credit union, (i) If the prior month-end retained accounts are callable on a pro-rata basis he or she will notify the corporate credit earnings ratio is less than 2 percent and across an issuance class only at the union in writing of the proposed capital the core capital ratio is less than 3 option of the corporate credit union and ratio and, if applicable, the date by percent, the earnings retention factor is only if the corporate credit union meets which the capital ratio should be .15 percent per annum; or its minimum level of required capital reached. The OCCU Director also will (ii) If the prior month-end retained and NEV ratios after the funds are provide an explanation of why the earnings ratio is less than 2 percent and called. proposed capital ratio is considered the core capital ratio is equal to or
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greater than 3 percent, the earnings securities through the Federal Reserve § 704.6 Credit risk management. retention factor is .10 percent per Book-Entry Securities Transfer System; (a) Policies. A corporate credit union annum. * * * * * must operate according to a credit risk (4) The OCCU Director may approve (3) The corporate credit union, management policy that is a decrease to the earnings retention directly or through its agent, receives commensurate with the investment risks amount if it is determined a lesser daily assessment of the market value of and activities it undertakes. The policy amount is necessary to avoid a the repurchase securities and maintains must address at a minimum: significant adverse impact upon a adequate margin that reflects a risk * * * * * corporate credit union. assessment of the repurchase securities (3) Maximum credit limits with each (5) A corporate credit union may and the term of the transaction; and obligor and transaction counterparty, set authorize the payment of dividends (4) The corporate credit union has as a percentage of capital. In addition to provided: addressing deposits and securities, (i) The payment will not cause the entered into signed contracts with all approved counterparties and agents, and limits with transaction counterparties retained earnings ratio to fall below 2 must address aggregate exposures of all percent; ensures compliance with the contracts. *** transactions, including, but not (ii) The payment will not cause the necessarily limited to, repurchase amount of retained earnings to decrease (e) * * * agreements, securities lending, and from the prior month-end, unless the (1) The corporate credit union, forward settlement of purchases or sales decrease results from losses on the sale directly or through its agent, receives of investments; and of investments; or written confirmation of the loan, obtains (4) Concentrations of credit risk (e.g., (iii) The OCCU Director and, if a first priority security interest in the originator of receivables, insurer, applicable, state regulator have given collateral by taking physical possession industry type, sector type, and prior written approval for the payment. or control of the collateral, or is geographic). 6. Amend § 704.4 by removing the recorded as owner of the collateral (b) Exemption. The requirements of word ‘‘operating’’ wherever it appears in through the Federal Reserve Book-Entry this section do not apply to investments paragraphs (a) and (b) and revising Securities Transfer System; that are issued or fully guaranteed as to paragraph (c) introductory text to read * * * * * principal and interest by the U.S. as follows: (3) The corporate credit union, government or its agencies or enterprises (excluding subordinated § 704.4 Board responsibilities. directly or through its agent, receives daily assessment of the market value of debt) or are fully insured (including * * * * * collateral and maintains adequate accumulated interest) by the National (c) Other requirements. The board of margin that reflects a risk assessment of Credit Union Share Insurance Fund or directors of a corporate credit union the collateral and terms of the loan; and Federal Deposit Insurance Corporation. must ensure: (4) The corporate credit union has (c) Concentration limits—(1) General * * * * * entered into signed contracts with all rule. The aggregate of all investments in 7. Amend § 704.5 as follows: agents and, directly or through its agent, any single obligor is limited to 50 a. Revise paragraphs (a)(1) and (2), has executed a written loan and security percent of capital or $5 million, (c)(5), (d)(1), (e)(1), (3) and (4), (f), and agreement with the borrower. The whichever is greater. (h)(2) and(3); (2) Exceptions. Exceptions to the corporate or its agent ensures b. Remove paragraphs (c)(6), (d)(3) general rule are: compliance with the agreements. and (d)(6); (i) Aggregate investments in c. Redesignate paragraphs (d)(4) and (f) Investment companies. A corporate repurchase and securities lending (d)(5) as paragraphs (d)(3) and (d)(4); credit union may invest in an agreements with any one counterparty d. Revise redesignated paragraphs investment company registered with the are limited to 200 percent of capital; (d)(3) and the first sentence of (d)(4); Securities and Exchange Commission (ii) Investments in corporate CUSOs e. Add paragraph (h)(4); and under the Investment Company Act of are subject to the limitations of § 704.11; f. Add at the end of paragraph (c)(4) 1940 (15 U.S.C. 80a), provided that the and after the ‘‘;’’ an ‘‘and.’’ prospectus of the company restricts the (iii) Aggregate investments in investment portfolio to investments and corporate credit unions are not subject § 704.5 Investments. investment transactions that are to the limitations of paragraph (c)(1) of (a) * * * permissible for that corporate credit this section. (1) Appropriate tests and criteria for union. (3) For purposes of measurement, evaluating investments and investment * * * * * each new credit transaction must be transactions prior to purchase; and (h) * * * evaluated in terms of the corporate (2) Reasonable and supportable (2) Engaging in trading securities credit union’s capital at the time of the concentration limits for limited unless accounted for on a trade date transaction. An investment that fails a liquidity investments in relation to basis; requirement of this section because of a capital. subsequent reduction in capital will be (3) Engaging in adjusted trading or * * * * * deemed nonconforming. A corporate short sales; and (c) * * * credit union is required to exercise (5) Domestically-issued asset-backed (4) Purchasing stripped mortgage- reasonable efforts to bring securities. backed securities, small business related nonconforming investments into (d) * * * securities, or residual interests in CMOs conformity within 90 days. Investments (1) The corporate credit union, or asset-backed securities. that remain nonconforming for 90 days directly or through its agent, receives * * * * * will be deemed to fail a requirement of written confirmation of the transaction, 8. Amend § 704.6 by revising this section and will require compliance and either takes physical possession or paragraphs (a) introductory text and with § 704.10. control of the repurchase securities or is paragraphs (a)(3), (a)(4) and (b) through (d) Credit ratings—(1) All recorded as owner of the repurchase (e) to read as follows: investments, other than in a corporate
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credit union or CUSO, must have an § 704.7 Lending. 10. Amend § 704.8 as follows: applicable credit rating from at least one * * * * * a. Remove paragraphs (a)(2), (a)(5) and nationally recognized statistical rating (c) Loans to members—(1) Credit (e); organization (NRSRO). unions. (i) The maximum aggregate b. Redesignate paragraphs (a)(3) and (2) At the time of purchase, amount in unsecured loans and lines of (a)(4) as (a)(2) and (a)(3), (a)(6) and (a)(7) investments with long-term ratings must credit to any one member credit union, as (a)(4) and (a)(5), and (f) and (g) as (e) be rated no lower than AA¥(or excluding pass-through and guaranteed and (f); equivalent) and investments with short- loans from the CLF and the NCUSIF, c. Add paragraph (a)(6) and ‘‘; and’’ at term ratings must be rated no lower than must not exceed 50 percent of capital. the end of redesignated paragraph (a)(5) A–1 (or equivalent). (ii) The maximum aggregate amount in place of the period; (3) Any rating(s) relied upon to meet in secured loans and lines of credit to d. Revise redesignated paragraphs the requirements of this part must be any one member credit union, excluding (a)(2), (e) and (f); identified at the time of purchase and those secured by shares or marketable e. Add a sentence to the end of the must be monitored for as long as the securities and member reverse end of paragraph (c); and corporate owns the investment. repurchase transactions, must not f. Revise paragraphs (d)(1)(i) through (4) When two or more ratings are exceed 100 percent of capital. (iii) and (d)(2) introductory text. relied upon to meet the requirements of (2) Corporate CUSOs. Any loan or line § 704.8 Asset and liability management. this part at the time of purchase, the of credit must comply with § 704.11. board or an appropriate committee must (3) Other members. The maximum (a) * * * place on the § 704.6(e)(1) investment aggregate amount of loans and lines of (2) The maximum allowable watch list any rating that is downgraded credit to any other one member must percentage decline in net economic below the minimum rating requirements not exceed 15 percent of the corporate value (NEV), compared to base case of this part. credit union’s capital plus pledged NEV; (5) Investments are subject to the shares. * * * * * requirements of § 704.10 if: (d) Loans to nonmembers—(1) Credit (6) The tests that will be used, prior (i) One rating was relied upon to meet unions. A loan to a nonmember credit to purchase, to estimate the impact of the requirements of this part and that union, other than through a loan investments on the percentage decline rating is downgraded below the participation with another corporate in NEV, compared to base case NEV. minimum rating requirements of this credit union, is only permissible if the The most recent NEV analysis, as part; or loan is for an overdraft related to the determined under paragraph (d)(1)(i) of (ii) Two or more ratings were relied providing of correspondent services this section may be used as a basis of upon to meet the requirements of this pursuant to § 704.12. Generally, such a estimation. part and at least two of those ratings are loan will have a maturity of one * * * * * downgraded below the minimum rating business day. (c) * * * This means the minimum requirements of this part. (2) Corporate CUSOs. Any loan or line (e) Reporting and documentation. (1) penalty must be reasonably related to of credit must comply with § 704.11. A written evaluation of each credit limit the rate that the corporate credit union (e) Member business loan rule— with each obligor or transaction would be required to offer to attract Loans, lines of credit and letters of counterparty must be prepared at least funds for a similar term with similar credit to: annually and formally approved by the characteristics. (1) Member credit unions are exempt (d) * * * board or an appropriate committee. At from part 723 of this chapter; (1) * * * least monthly, the board or an (2) Corporate CUSOs must comply (i) Evaluate the risk in its balance appropriate committee must receive an with § 704.11; and sheet by measuring, at least quarterly, investment watch list of existing and/or (3) Other members not excluded the impact of an instantaneous, potential credit problems and summary under § 723.1(b) of this chapter must permanent, and parallel shock in the credit exposure reports, which comply with part 723 of this chapter yield curve of plus and minus 100, 200, demonstrate compliance with the unless the loan or line of credit is fully and 300 basis points on its NEV and corporate credit union’s risk guaranteed by a credit union or fully NEV ratio. If the base case NEV ratio management policies. (2) At a minimum, the corporate secured by US Treasury or agency falls below 3 percent at the last testing credit union must maintain: securities. Those guaranteed and date, these tests must be calculated at (i) A justification for each approved secured loans must comply with the least monthly until the base case NEV credit limit; aggregate limits of § 723.16 but are ratio again exceeds 3 percent; (ii) Disclosure documents, if any, for exempt from the other requirements of (ii) Limit its risk exposure to levels all instruments held in portfolio. part 723. that do not result in a base case NEV Documents for an instrument that has (f) Participation loans with other ratio or any NEV ratio resulting from the been sold must be retained until corporate credit unions. A corporate tests set forth in paragraph (d)(1)(i) of completion of the next NCUA credit union is permitted to participate this section below 2 percent; and examination; and in a loan with another corporate credit (iii) Limit its risk exposures to levels (iii) The latest available financial union provided the corporate retains an that do not result in a decline in NEV reports, industry analyses, internal and interest of at least 5 percent of the face of more than 15 percent. external analyst evaluations, and rating amount of the loan and a master (2) A corporate credit union must agency information sufficient to support participation loan agreement is in place assess annually if it should conduct each approved credit limit. before the purchase or the sale of a periodic additional tests to address 9. Amend § 704.7 by removing participation. A participating corporate market factors that may materially paragraphs (c) through (g), adding credit union must exercise the same due impact that corporate credit union’s paragraphs (c) through (f) and diligence as if it were the originating NEV. These factors should include, but redesignating paragraph (h) as corporate credit union. are not limited to, the following: paragraph (g) to read as follows: * * * * * * * * * *
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(e) Regulatory violations. If a profitability of the CUSO and the related nonmembers through a correspondent corporate credit union’s decline in NEV, GAAP valuation of the investment services agreement. A correspondent base case NEV ratio or any NEV ratio under the equity method without an services agreement is an agreement resulting from the tests set forth in additional cash outlay by the corporate, between two corporate credit unions, paragraph (d)(1)(i) of this section divestiture is not required. A corporate whereby one of the corporate credit violates the limits established by this credit union may continue to invest up unions agrees to provide services to the rule and is not brought into compliance to the regulatory limit without regard to other corporate credit union or its within 10 calendar days, operating the increase in the GAAP valuation members. management of the corporate credit resulting from the corporate CUSO’s (2) Credit and investment services. union must immediately report the profitability. Credit and investment services are information to the board of directors, (4) The aggregate of all loans to advisory and consulting activities that supervisory committee, and the OCCU corporate CUSOs must comply with the assist the member in lending or Director. If any violation persists for 30 aggregate limit of § 723.16 of this investment management. These services calendar days, the corporate credit chapter. This requirement does not may include loan reviews, investment union must submit a detailed, written apply to loans excluded under portfolio reviews and investment action plan to the OCCU Director that § 723.1(b). advisory services. sets forth the time needed and means by (c) Due diligence. A corporate credit (3) Electronic financial services. which it intends to correct the violation. union must comply with the due Electronic financial services are any If the OCCU Director determines that diligence requirements of §§ 723.5 and services, products, functions, or the plan is unacceptable, the corporate 723.6(f) through (l) of this chapter for all activities that a corporate credit union is credit union must immediately loans to corporate CUSOs. This otherwise authorized to perform, restructure the balance sheet to bring requirement does not apply to loans provide or deliver to its members but the exposures back within compliance excluded under § 723.1(b). performed through electronic means. or adhere to an alternative course of (d) Separate entity. (1) A corporate Electronic services may include action determined by the OCCU CUSO must be operated as an entity automated teller machines, online Director. separate from a corporate credit union. transaction processing through a (f) Policy violations. If a corporate (2) The corporate credit union website, website hosting services, credit union’s decline in NEV, base case investing in or lending to a corporate account aggregation services, and NEV ratio, or any NEV ratio resulting CUSO must obtain a written legal internet access services to perform or from the tests set forth in paragraph opinion that the corporate CUSO is deliver products or services to members. (d)(1)(i) of this section violates the organized and operated in a manner that (4) Excess capacity. Excess capacity is limits established by its board, it must the corporate credit union will not the excess use or capacity remaining in determine how it will bring the reasonably be held liable for the facilities, equipment or services that: a exposure within policy limits. The obligations of the corporate CUSO. This corporate credit union properly invested disclosure to the board of the violation opinion must address factors that have in or established, in good faith, with the must occur no later than its next led courts to ‘‘pierce the corporate veil’’ intent of serving its members; and it regularly scheduled board meeting. such as inadequate capitalization, lack reasonably anticipates will be taken up 10a. Amend § 704.10 by revising the of corporate identity, common boards of by the future expansion of services to its heading to read as follows: directors and employees, control of one members. A corporate credit union may entity over another, and lack of separate sell or lease the excess capacity in § 704.10 Investment action plan. books and records. facilities, equipment or services, such as 11. Amend § 704.11 by revising (e) Prohibited activities. A corporate office space, employees and data paragraph (b), redesignating paragraphs credit union may not use this authority processing. (c) through (e) as paragraphs (f) through to acquire control, directly or indirectly, (5) Liquidity and asset and liability (h) and adding paragraphs (c), (d) and of another depository financial management. Liquidity and asset and (e) to read as follows: institution, or to invest in shares, stocks, liability management services are any or obligations of another depository services, functions or activities that § 704.11 Corporate Credit Union Service financial institution, insurance assist the member in liquidity and Organizations (Corporate CUSOs). company, trade association, liquidity balance sheet management. These * * * * * facility, or similar organization. services may include liquidity planning (b) Investment and loan limitations. * * * * * and balance sheet modeling and (1) The aggregate of all investments in 12. Revise § 704.12 to read as follows: analysis. member and nonmember corporate (6) Operational services. Operational CUSOs must not exceed 15 percent of a § 704.12 Permissible services. services are services established to corporate credit union’s capital. (2) The (a) Preapproved services. NCUA may deliver financial products and services aggregate of all investments in and loans at any time, based upon supervisory, that enhance member service and to member and nonmember corporate legal, or safety and soundness reasons, promote safe and sound operations. CUSOs must not exceed 30 percent of a limit or prohibit any preapproved Operational services may include tax corporate credit union’s capital. A service. The specific activities listed payment, electronic fund transfers and corporate credit union may lend to within each preapproved category are providing coin and currency service. member and nonmember corporate provided as illustrations of activities (7) Payment systems. Payment CUSOs an additional 15 percent of permissible under the particular systems are any methods used to capital if the loan is collateralized by category, not as an exclusive or facilitate the movement of funds for assets in which the corporate has a exhaustive list. A corporate credit union transactional purposes. Payment perfected security interest under state may provide the following services to its systems may include Automated law. members: Clearing House, wire transfer, item (3) If the limitations in paragraphs (1) Correspondent services agreement. processing and settlement services. (b)(1) and (b)(2) of this section are A corporate credit union may only (8) Trustee or custodial services. reached or exceeded because of the provide financial services to Trustee services are services in which
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the corporate credit union is authorized (b) Earnings retention requirement. A Sample Form 1 to act under a written trust agreement to wholesale corporate credit union must Terms and Conditions of Membership the extent permitted under part 724 of increase retained earnings if the prior Capital Account this chapter. Custodial and safekeeping month-end retained earnings ratio is services are services a corporate credit less than 1 percent. (1) A membership capital account is union performs on behalf of its member (1) Its retained earnings must not subject to share insurance coverage to act as custodian or safekeeper of increase: by the NCUSIF or other deposit insurer. investments. (i) During the current month, by an (2) A membership capital account is (b) Procedure for adding services that amount equal to or greater than the not releasable due solely to the merger, are not preapproved. To provide a monthly earnings retention amount; or charter conversion or liquidation of the service to its members that is not (ii) During the current and prior two member credit union. In the event of a preapproved by NCUA, a corporate months, by an amount equal to or merger, the membership capital account credit union must request approval from greater than the quarterly earnings transfers to the continuing credit union. NCUA. The request must include a full retention amount. In the event of a charter conversion, the (2) Earnings retention amounts are explanation and complete membership capital account transfers to calculated as follows: the new institution. In the event of documentation of the service and how (i) The monthly earnings retention the service relates to a corporate credit liquidation, the membership capital amount is determined by multiplying account may be released to facilitate the union’s authority to provide services to the earnings retention factor by the prior its members. The request must be payout of shares with the prior written month-end moving daily average net approval of NCUA. submitted jointly to the OCCU Director assets; and and the Secretary of the Board. The (3) A member credit union may (ii) The quarterly earnings retention withdraw membership capital with request will be treated as a petition to amount is determined by multiplying amend § 704.12 and NCUA will request three years’ notice. the earnings retention factor by moving (4) Membership capital cannot be public comment or otherwise act on the daily average net assets for each of the used to pledge borrowings. petition within a reasonable period of prior three month-ends. (5) Membership capital is available to time. Before engaging in the formal (3) The earnings retention factor is cover losses that exceed retained approval process, a corporate credit determined as follows: earnings and paid-in capital. union should seek an advisory opinion (i) If the prior month-end retained (6) Where the corporate credit union from NCUA’s Office of General Counsel earnings ratio is less than 1 percent and is liquidated, membership capital as to whether a proposed service is the core capital ratio is less than 3 accounts are payable only after already covered by one of the percent, the earnings retention factor is satisfaction of all liabilities of the authorized categories without filing a .15 percent per annum; or liquidation estate including uninsured petition to amend the regulation. (ii) If the prior month-end retained obligations to shareholders and the (c) Prohibition. A corporate credit earnings ratio is less than 1 percent and NCUSIF. union is prohibited from purchasing the core capital ratio is equal to or (7) Where the corporate credit union loan servicing rights. greater than 3 percent, the earnings is merged into another corporate credit retention factor is .075 percent per § 704.13 [Removed and Reserved] union the membership capital account annum. shall transfer to the continuing 13. Remove and reserve § 704.13. (4) The OCCU Director may approve corporate credit union. The three-year 14. Amend § 704.14 by revising a decrease to the earnings retention notice period for withdrawal of the paragraph (a) introductory text, amount set forth in this section if it is membership capital account will remain redesignating paragraphs (b) through (d) determined a lesser amount is necessary in effect. as (c) through (e) , and adding a new to avoid a significant adverse impact (8) {If an adjusted balance account}: paragraph (b) to read as follows: upon a wholesale corporate credit The membership capital balance will be union. adjusted ll(1 or 2)ll time(s) § 704.14 Representation. (5) A corporate credit union may annually in relation to the member authorize the payment of dividends (a) Board representation. The board credit union’s ll(assets or other will be determined as stipulated in its provided either: ll ll ll { (i) The payment will not cause the measure) as of (date(s)) . If bylaws governing election procedures, a term certificate}: The membership provided that: retained earnings ratio to fall below 1 percent; capital account is a term certificate that * * * * * (ii) The payment will not cause the will mature on ll(date)ll. (b) Credit union trade association. As amount of retained earnings to decrease I have read the above terms and used in this section, it includes but is from the prior month-end, unless the conditions and I understand them. I not limited to, state credit union leagues decrease results from losses on the sale further agree to maintain in the credit and league service corporations, of investments; or union’s files the annual notice of terms national credit union trade associations (iii) The OCCU Director and, if and conditions of the membership and their affiliates and service applicable, state regulator have given capital account. organizations, and local, state, and prior written approval for the payment. The notice form must be signed by national special interest credit union 16. Revise appendix A to part 704 as either all of the directors of the member associations and organizations. follows: credit union or, if authorized by board resolution, the chair and secretary of the * * * * * Appendix A to Part 704—Model Forms 15. Amend § 704.19 by revising board of the credit union. paragraph (b) and removing paragraph This appendix contains sample forms The annual disclosure notice form (c) as follows: intended for use by corporate credit must be signed by the chair of the unions to aid in compliance with the corporate credit union. The chair must § 704.19 Wholesale corporate credit membership capital account and paid-in then sign a statement that certifies that unions. capital disclosure requirements of the notice has been sent to member * * * * * § 704.3. credit unions with membership capital
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accounts. The certification must be management, infrastructure, and asset agreements with any one counterparty maintained in the corporate credit and liability requirements, and receives are limited to 300 percent of capital. union’s files and be available for NCUA’s written approval. The (c) In performing the rate stress tests examiner review. additional requirements are set forth in set forth in § 704.8(d)(1)(i), the NEV of the NCUA publication Guidelines for a corporate credit union which has met Sample Form 2 Submission of Requests for Expanded the requirements of this Part I may Terms and Conditions of Paid-In Capital Authority. decline as much as: (1) A paid-in capital account is not A corporate credit union seeking (1) 20 percent; (2) 28 percent if the corporate credit subject to share insurance coverage by expanded authorities must submit to union has a 5 percent minimum capital the NCUSIF or other deposit insurer. NCUA a self-assessment plan (2) A paid-in capital account is not supporting its request. A corporate ratio and is specifically approved by releasable due solely to the merger, credit union may adopt expanded NCUA; or charter conversion or liquidation of the authorities when NCUA has provided (3) 35 percent if the corporate credit member credit union. In the event of a final approval. If NCUA denies a request union has a 6 percent minimum capital merger, the paid-in capital account for expanded authorities, it will advise ratio and is specifically approved by transfers to the continuing credit union. the corporate of the reason(s) for the NCUA. (d) The maximum aggregate amount In the event of a charter conversion, the denial and what it must do to resubmit in unsecured loans and lines of credit to paid-in capital account transfers to the its request. NCUA may revoke these any one member credit union, excluding new institution. In the event of expanded authorities at any time if an pass-through and guaranteed loans from liquidation, the paid-in capital account analysis indicates a significant the CLF and the NCUSIF, shall not may be released to facilitate the payout deficiency. NCUA will notify the exceed 100 percent of the corporate of shares with the prior written approval corporate credit union in writing of the credit union’s capital. The board of of NCUA. identified deficiency. A corporate credit (3) The funds are callable only at the union may request, in writing, directors will establish the limit, as a option of the corporate credit union and reinstatement of the revoked authorities percent of the corporate credit union’s only if the corporate credit union meets by providing a self-assessment plan capital plus pledged shares, for secured its minimum required capital and NEV detailing how it has corrected the loans and lines of credit. ratios after the funds are called. deficiency. Part II (4) Paid-in capital cannot be used to Minimum Requirement pledge borrowings. (a) A corporate credit union which (5) Paid-in capital is available to cover In order to participate in any of the has met the requirements for this Part II losses that exceed retained earnings. authorities set forth in Base-Plus, Part I, may: (6) Where the corporate credit union Part II, Part III, Part IV, and Part V of this (1) Purchase investments with long- is liquidated, paid-in capital accounts appendix, a corporate credit union must term ratings no lower than BBB (flat) (or are payable only after satisfaction of all evaluate monthly the changes in NEV equivalent); liabilities of the liquidation estate and the NEV ratio for the tests set forth (2) Purchase investments with short- including uninsured obligations to in § 704.8(d)(1)(i). term ratings no lower than A–2 (or equivalent), provided that the issuer has shareholders and the NCUSIF, and Base-Plus membership capital holders. a long-term rating no lower than BBB (7) Where the corporate credit union A corporate which has met the (flat) (or equivalent) or the investment is is merged into another corporate credit requirements for this Base-plus a domestically issued asset-backed union the paid-in capital account shall authority may, in performing the rate security; transfer to the continuing corporate stress tests set forth in § 704.8(d)(1)(i), (3) Engage in short sales of credit union. allow its NEV to decline as much as 20 permissible investments to reduce (8) Paid-in capital is perpetual percent. interest rate risk; (4) Purchase principal only (PO) maturity and noncumulative dividend. Part I I have read the above terms and stripped mortgage-backed securities to conditions and I understand them. I (a) A corporate credit union which reduce interest rate risk; and further agree to maintain in the credit has met the requirements for this Part I (5) Enter into a dollar roll transaction. union’s files the annual notice of terms may: (b) Aggregate investments in and conditions of the paid-in capital (1) Purchase investments with long- repurchase and securities lending ¥ instrument. term ratings no lower than A (or agreements with any one counterparty equivalent); are limited to 400 percent of capital. The notice form must be signed by (2) Purchase investments with short- (c) In performing the rate stress tests either all of the directors of the credit term ratings no lower than A¥2 (or set forth in § 704.8(d)(1)(i), the NEV of union or, if authorized by board equivalent), provided that the issuer has a corporate credit union which has met resolution, the chair and secretary of the a long-term rating no lower than A¥ (or the requirements of this Part II may board of the credit union. equivalent) or the investment is a decline as much as: 17. Revise appendix B to part 704 as domestically-issued asset-backed (1) 20 percent; follows: security; (2) 28 percent if the corporate credit (3) Engage in short sales of union has a 5 percent minimum capital Appendix B to Part 704—Expanded permissible investments to reduce ratio and is specifically approved by Authorities and Requirements interest rate risk; NCUA; or A corporate credit union may obtain (4) Purchase principal only (PO) (3) 35 percent if the corporate credit all or part of the expanded authorities stripped mortgage-backed securities to union has a 6 percent minimum capital contained in this appendix if it meets all reduce interest rate risk; and ratio and is specifically approved by of the requirements of this part 704 and (5) Enter into a dollar roll transaction. NCUA. the minimum requirement of this (b) Aggregate investments in (d) The maximum aggregate amount appendix, fulfills additional repurchase and securities lending in unsecured loans and lines of credit to
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any one member credit union, excluding debt rating no lower than AA–(or (ii) U.S. Government sponsored pass-through and guaranteed loans from equivalent); enterprises; or the CLF and the NCUSIF, shall not (3) For each approved foreign bank (iii) Counterparties if the transaction exceed 100 percent of the corporate line, the corporate credit union must is fully guaranteed by an entity with a credit union’s capital. The board of identify the specific banking centers and minimum permissible rating for directors will establish the limit, as a branches to which it will lend funds; comparable term investments. percent of the corporate credit union’s (4) Obligations of any single foreign capital plus pledged shares, for secured obligor may not exceed 50 percent of Part V loans and lines of credit. capital; and A corporate credit union, which has (5) Obligations in any single foreign met the requirements for this Part V, Part III country may not exceed 250 percent of may participate in loans with member (a) A corporate credit union which capital. natural person credit unions as has met the requirements of either Part Part IV approved by the OCCU Director and I or Part II of this Appendix and the (a) A corporate credit union which subject to the following limitations: additional requirements for Part III may has met the requirements for this Part IV (a) The maximum aggregate amount of invest in: may enter into derivative transactions participation loans with any one (1) Debt obligations of a foreign specifically approved by NCUA to: member credit union shall not exceed country; (1) Create structured products; 25 percent of capital; and (2) Deposits and debt obligations of (2) Manage its own balance sheet; and (b) The maximum aggregate amount of foreign banks or obligations guaranteed (3) Hedge the balance sheet of its participation loans with all member by these banks; members. credit unions shall be determined on a (3) Marketable debt obligations of (b) Credit Ratings: case-by-case basis by the OCCU foreign corporations. This authority (1) All derivative transactions are Director. subject to the following requirements: does not apply to debt obligations that §§ 704.3, 704.10, 704.15 [Amended] are convertible into the stock of the (i) If the counterparty is domestic, the corporation; and counterparty rating can be no lower 19. In addition to the amendments set than the minimum permissible rating (4) Foreign issued asset-backed forth above, in 12 CFR part 704 remove for comparable term permissible securities. the acronym ‘‘NCUA’’ wherever it investments; and appears and add in its place, the words (b) All foreign investments are subject (ii) If the counterparty is foreign, the ‘‘the OCCU Director’’ in the following to the following requirements: counterparty rating can be no lower that places: (1) Investments must be rated no the minimum permissible rating for a a. Redesignated § 704.3(e)(3)(i) and lower than the minimum permissible comparable term investment under Part (ii), (g)(2)(v) and (g)(3). domestic rating under the corporate III Authority. b. Section 704.10(a) introductory text, credit union’s Part I or Part II authority; (2) Exceptions. Credit ratings are not (b) and (c). (2) A sovereign issuer, and/or the required for derivative transactions c. Section 704.15(a) and (b). country in which an obligor is with: organized, must have a long-term (i) Domestically chartered credit [FR Doc. 02–16087 Filed 6–28–02; 8:45 am] foreign currency (non-local currency) unions; BILLING CODE 7535–01–P
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Part III
Department of the Treasury Fiscal Service
Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies; Notice
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[FR Doc. 02–16395 Filed 6–28–02; 8:45 am]
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Part IV
Department of Justice Immigration and Naturalization Service
8 CFR Part 214 Allowing Eligible Schools To Apply for Preliminary Enrollment in the Student and Exchange Visitor Information System (SEVIS); Interim Final Rule
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DEPARTMENT OF JUSTICE (202) 514–3048 to arrange for an accreditation is a prerequisite for appointment. recognition under Title IV of the latter Immigration and Naturalization Service FOR FURTHER INFORMATION CONTACT: Act. The specific requirements for Title Maura Deadrick, Adjudications IV eligibility are specified at 34 CFR 8 CFR Part 214 Division, Immigration and part 600. In addition, public high schools may [INS No. 2211–02] Naturalization Service, 425 I Street, NW., Room 3040, Washington, DC also be permitted to enroll under 8 CFR RIN 1115–AG55 20536, telephone (202) 514–3228. 214.12(a) if the school provides SUPPLEMENTARY INFORMATION: On May certification from the appropriate public Allowing Eligible Schools To Apply for 16, 2002, at 67 FR 34862, the Service official that the school meets the Preliminary Enrollment in the Student published a proposed rule in the requirements of the state or local public and Exchange Visitor Information Federal Register to implement the new educational system and the school has System (SEVIS) SEVIS requirements and establish a been continuously approved by the process for electronic reporting by Service for the last three years for AGENCY: Immigration and Naturalization designated school officials (DSOs). That enrollment of F or M nonimmigrant Service, Justice. proposed rule, which would be codified students. ACTION: Interim rule with request for at 8 CFR 214.2(f), (j), and (m), indicated 8 CFR 214.12(b) and (c), as added by comments. that the SEVIS system would begin this interim rule, describes the operation on July 1, 2002, and proposed preliminary enrollment process for SUMMARY: The Immigration and a mandatory compliance date of January eligible schools, which will be Naturalization Service (Service), conducted through the Internet. consistent with its statutory authority to 30, 2003, by which all schools must be using SEVIS in order to issue Form I– The Interim Certification Rule will regulate foreign students under sections establish a review process for all of the 101(a)(15)(F) and (M) of the Immigration 20, Certificate of Eligibility for Nonimmigrant Student. Schools will currently approved schools, including a and Nationality Act (Act), will be new SEVIS certification fee associated conducting a review of all Service- only be granted access to SEVIS by the Service after a review of the bona fides with this review. The Interim approved schools, as a prerequisite for Certification Rule will govern all enrollment in the Student and Exchange of the school. The Service will allow schools that schools not eligible for preliminary Visitor Information System (SEVIS). meet the criteria in 8 CFR 214.12, as enrollment under 8 CFR 214.12, and all This interim rule will allow eligible promulgated in the present interim rule, schools that were eligible but chose not schools to preliminarily enroll in SEVIS, to preliminarily enroll in SEVIS after to participate during the preliminary beginning on July 1, 2002, provided the Service verifies that they meet the enrollment period. After the close of the they meet the established criteria. established criteria. This preliminary preliminary enrollment period, schools Eligibility for preliminary enrollment in enrollment period will close the later of previously eligible for preliminary SEVIS will continue through August 16, August 16, 2002, or until the date the enrollment will be required to apply for 2002. By that date, the Service service begins the SEVIS full scale a certification review in accordance anticipates publishing a new interim certification process, which will be the with the Interim Certification Rule prior certification rule. When the forthcoming effective date of a forthcoming interim to being granted approval to enroll in interim certification rule takes effect, rule (Interim Certification Rule) SEVIS. the preliminary enrollment period will implementing section 502 of the end and all schools will be required to Why Is the Service Allowing Enhanced Border Security and Visa apply for certification prior to Preliminary Enrollment? Entry Reform Act of 2002 (Pub. L. 107– enrollment in SEVIS in accordance with 173) (Border Security Act). In the interest of implementing use of the requirements of that rule. In general, 8 CFR 214.12(a) will SEVIS by schools in a timely manner, DATES: Effective date. This interim rule permit private elementary and private the Service has developed a process is effective July 1, 2002. secondary schools, post-secondary whereby schools may enroll in SEVIS Comment date. Written comments schools, and language and vocational beginning on July 1, 2002, in advance of must be submitted on or before July 31, schools, to apply for preliminary the new certification review process. 2002. enrollment in SEVIS, if the school is This process necessitates that the ADDRESSES: Please submit written accredited, and the school has been Service have some means of assuring comments to the Director, Regulations continuously approved by the Service that schools allowed preliminary and Forms Services Division, for the last three years for the enrollment are in fact bona fide Immigration and Naturalization Service, enrollment of F or M nonimmigrant institutions. To be accredited by an 425 I Street, NW, Room 4034, students. Private elementary and private agency recognized by the Department of Washington, DC, 20536. To ensure secondary schools must be accredited Education, CAPE, or AACS, a school proper handling, please reference INS by an organization holding membership must establish and maintain compliance No. 2211–02 on your correspondence. in the Council for the American Private with rigorous standards of operation. Comments may also be submitted Education (CAPE) or the American Therefore, accreditation by such an electronically to the Service at Association of Christian Schools agency is considered to be preliminary [email protected]. When submitting (AACS). Postsecondary, language and establishment of evidence that the comments electronically, you must vocational schools must be accredited school meets the Service requirements include INS No. 2211–02, in the subject by an accrediting agency recognized by for a bona fide institution outlined at 8 heading, and any attachments must be the United States Department of CFR 214.3(e). Maintenance of three typed in MS Word format so that the Education. Proof that a school has been consecutive years of Service approval to comments can be electronically routed determined to be eligible under Title IV admit nonimmigrant students, to the appropriate program office. of the Higher Education Act of 1965 is evidenced by a valid school code, Comments are available for public sufficient to establish that a school is provides at least a preliminary inspection at this location by calling properly accredited, since such assurance of the school’s familiarity and
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compliance with the Service Form I–20 Any school that is ineligible for Must Schools Use SEVIS Once They issuance and reporting requirements. preliminary enrollment, or that applies Have Been Approved for Preliminary Enrollment? How Does a School Apply for after the close of the preliminary enrollment period, will be required to Preliminary Enrollment? Once a school is approved for pay the certification fee in accordance preliminary enrollment in SEVIS, the Eligible institutions must request with the Interim Certification Rule school will be required to utilize SEVIS preliminary enrollment by accessing the before it can be enrolled in SEVIS. Internet site, http://www.ins.usdoj.gov/ to generate any new Forms I–20 for new sevis. Upon accessing the site, the What if a School Is Not Eligible for students, as well as in any circumstance president, owner, head of the school or Preliminary Enrollment? where a currently-enrolled student must designated school official will be asked be issued a new Form I–20 (for example, If a school falls under one of the to enter the following information: The for an extension of the student’s school’s name; the first, middle, and last following categories, it is not eligible for approved program of study). Schools name of the contact person for the preliminary enrollment: (1) Schools that enrolling in SEVIS should refer to the school; and the email address and are not accredited by CAPE, AACS, or provisions of the proposed rule phone number of the contact person. an agency recognized by the Department published by the Service at 67 FR 34862 Once this information has been of Education; (2) schools that have not (May 16, 2002), for information on the submitted, the Service will issue the been participating as a Service approved requirements that will be applicable to school a temporary ID and password, school for three years; and (3) flight SEVIS, once that rule is adopted in final which will be forwarded to the email schools even if they have been form. address listed. When the contact person accredited by an agency recognized by Schools that preliminarily enroll in receives this temporary ID and the Department of Education and have SEVIS prior to the final SEVIS password, the school will again access been participating as a Service approved compliance date are not required to the Internet site and will electronically school for three years. Schools that do enter all data for their current students enter the school’s information for its not meet the criteria for preliminary into SEVIS at that time, but may do so Form I–17. enrollment will not be eligible to apply until the use of SEVIS is mandatory. Once a school has electronically for access to SEVIS until they apply for However, any action taken on the part submitted the Form I–17 information, a certification under the Interim of a current or a new student that Service officer will review the school’s Certification Rule and undergo a full- involves a change or update to the eligibility to verify that the school meets scale review by the Service. Prior to this information on the Form I–20 must be the preliminary enrollment eligibility review, such schools must continue to done using SEVIS. requirements. If the officer determines comply with the recordkeeping and Good Cause Exception that the school is eligible for reporting requirements as provided in 8 preliminary enrollment, the officer will CFR 214.2(f) and (m) and 8 CFR 214.3. This rule is effective on publication in update SEVIS and enroll the school. the Federal Register. The Service finds Once SEVIS has been updated by the What if a School That Is Eligible for that good cause exists both for adopting officer, permanent user IDs and Preliminary Enrollment Chooses Not To this rule without the prior notice and passwords will be automatically Enroll During the Preliminary comment period ordinarily required by generated and issued via email to the Enrollment Period? 5 U.S.C. 553, and for making this rule DSOs listed on the Form I–17. Schools immediately effective, rather than that are not approved by the Service for Schools that are eligible for having it enter into force 30 days after preliminary enrollment must apply for preliminary enrollment in SEVIS, under publication. The USA Patriot Act, certification in accordance with the 8 CFR 214.12(a), but do not apply for Public Law 107–56, mandates that the Interim Certification Rule. such enrollment before the close of the SEVIS be fully implemented and preliminary enrollment period will be expanded prior to January 1, 2003. Will There Be a Fee for Preliminary required to apply for certification and Further, the Border Security Act Enrollment? pay the certification fee, just as for requires the Service to review all A school that applies for preliminary schools not eligible for preliminary schools within 2 years of its enactment. enrollment will not have to pay a fee at enrollment. The fee for certification is In order to meet the mandate for this time. The Service, however, plans the same for all schools whether eligible complete functionality of SEVIS while to impose a certification fee on all for preliminary enrollment or not. maintaining the integrity of data in schools, including those granted However, in recognition of the status of SEVIS, a timely review of all schools is preliminary enrollment, in the Interim schools that are properly accredited and necessary prior to allowing a school to Certification Rule. Section 502 of the have been recognized by the Service for access SEVIS. To accomplish this Border Security Act requires the Service the last three years, the Service, after a action, the Service must allow a portion to conduct a periodic review of review of the application, will be of eligible schools to preliminarily compliance of all Service-approved authorized to approve the enrollment of enroll in SEVIS. The provision for schools by May 14, 2004. This periodic such a school in SEVIS prior to review of all approved schools is an review will require an on-site visit to completion of the required on-site visit. important part of helping to safeguard help determine whether a school is in If such schools are granted enrollment against the abuse of the traditional compliance with various recordkeeping American openness to foreign students in SEVIS without undergoing on-site and reporting requirements. As a result, by foreign terrorists. Because of the vital review, they will be required to all schools that are granted preliminary national security concerns that enrollment in SEVIS under the terms of complete the on-site visit prior to May underpin the USA Patriot Act, and the 8 CFR 214.12, will be required to apply 2004, in accordance with the mandate Border Security Act, it would be for a certification review under the for school review set forth in the Border contrary to the public interest to observe Interim Certification Rule, and pay a Security Act. the requirements of 5 U.S.C. 533(b) and certification fee, prior to May 14, 2004. (d).
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Regulatory Flexibility Act rule does not have sufficient Federalism Title IV of the Higher Education Act of The Commissioner, in accordance implications to warrant the preparation 1965. with 5 U.S.C. 605(b), has reviewed this of a federalism summary impact (b) Preliminary enrollment in SEVIS regulation and, by approving it, certifies statement. is optional for eligible schools. The that this rule does not have a significant preliminary enrollment period will be Executive Order 12988 Civil Justice open from July 1, 2002, through August economic impact on a substantial Reform number of small entities. Preliminary 16, 2002, or, if later, until the Service enrollment is voluntary and applies to This rule meets the applicable begins the SEVIS full scale certification those schools that have the capability to standards set forth in sections 3(a) and process. The process for eligible schools electronically enroll in SEVIS. The 3(b)(2) of Executive Order 12988. to apply for preliminary enrollment information a school must submit is through the Internet is as follows: Paperwork Reduction Act (1) Eligible institutions must access information that should be readily the Internet site, http:// available to the school. In addition, any The information collection www.ins.usdoj.gov/sevis. Upon expenditure required by the school can requirement to electronically enroll in accessing the site, the president, owner, easily be recouped by the school in SEVIS has been approved by the Office head of the school or designated school student fees. Accordingly, any economic of Management and Budget (OMB) in official will be asked to enter the impact will not be ‘‘significant.’’ accordance with the Paperwork Reduction Act. The OMB Control following information: the school’s Unfunded Mandates Reform Act of number for this collection is 1115–0252. name; the first, middle, and last name 1995 of the contact person for the school; and List of Subjects in 8 CFR Part 214 This rule will not result in the the e-mail address and phone number of expenditure by State, local, and tribal Administrative practice and the contact person. governments, in the aggregate, or by the procedures, Aliens, Employment. (2) Once this information has been submitted, the Service will issue the private sector, of $100 million or more Accordingly, part 214 of chapter I of in any one year, and it will not school a temporary ID and password, title 8, Code of Federal Regulations, is which will be forwarded to the e-mail significantly or uniquely affect small amended as follows: governments. Therefore, no actions were address listed. When the contact person receives this temporary ID and deemed necessary under the provisions PART 214—[AMENDED] of the Unfunded Mandates Reform Act password, the school will again access of 1995. 1. The authority citation for part 214 the Internet site and will electronically continues to read as follows: enter the school’s information for its Small Business Regulatory Enforcement Form I–17. Fairness Act of 1996 Authority: 8 U.S.C. 1101, 1103, 1182, 1184, (c) The Service will review the 1186a, 1187, 1221, 1281, 1282; sec. 643, Pub. information by a school submitted as This rule is not a major rule as L. 104–208, 110 Stat. 3009–708; Section 141 defined by section 804 of the Small of the Compacts of Free Association with the provided in paragraph (b) of this Business Regulatory Enforcement Act of Federated States of Micronesia and the section, and will preliminarily enroll a 1996. This rule will not result in an Republic of the Marshall Islands, and with school in SEVIS, if it is determined to annual effect on the economy of $100 the Government of Palau, 48 U.S.C. 1901, be eligible under the standards of million or more; a major increase in note and 1931 note, respectively; 8 CFR part paragraph (a) of this section. If the costs or prices; or significant adverse 2. officer determines that the school is effects on competition, employment, 2. Section 214.12 is added, to read as eligible for preliminary enrollment, the investment, productivity, innovation, or follows: officer will update SEVIS and enroll the on the ability of United States-based school and permanent user IDs and § 214.12 Preliminary enrollment of schools companies to compete with foreign- passwords will be automatically in the Student and Exchange Visitor generated via e-mail to the DSOs listed based companies in domestic and Information System (SEVIS). export markets. on the Form I–17. Schools that are not (a) Private elementary and private approved by the Service for preliminary Executive Order 12866 secondary schools, public high schools, enrollment will be notified that they This rule is considered by the post-secondary schools, language must apply for certification in Department of Justice, Immigration and schools, and vocational schools are accordance with the Interim Naturalization Service, to be a eligible for preliminary enrollment in Certification Rule. A school that is ‘‘significant regulatory action’’ under Student and Exchange Visitor granted preliminary enrollment will Executive Order 12866, section 3(f), Information System (SEVIS), beginning have to use SEVIS for the issuance of Regulatory Planning and Review. Under on or after July 1, 2002, but only if the any new Form I–20 to a new or Executive Order 12866, section school is accredited by an accrediting continuing student. 6(a)(3)(B)–(D), this rule has been agency recognized by the United States (d) Schools granted preliminary submitted to the Office of Management Department of Education, CAPE, or enrollment in SEVIS will not have to and Budget for review. AACS, or in the case of a public high apply for certification at this time. school, the school provides certification However, all such schools will be Executive Order 13132 from the appropriate public official that required to apply for certification, and This rule will not have substantial the school meets the requirements of the pay the certification fee, prior to May direct effects on the States, on the state or local public educational system 14, 2004. relationship between the National and has been continuously approved by (e) Eligible schools that meet the Government and the States, or on the the Service for a minimum of three standards of paragraph (a) of this distribution of power and years, as of July 1, 2002, for the section, but do not apply for responsibilities among the various admission of F or M nonimmigrant preliminary enrollment in SEVIS prior levels of government. Therefore, in students. A school may establish that it to the close of the preliminary accordance with section 6 of Executive is accredited by showing that it has been enrollment period will have to apply for Order 13132, it is determined that this designated as an eligible school under certification review under the Interim
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Certification Rule and pay the permits such a school to enroll in SEVIS fee, and undergo a full certification certification fee before enrolling in prior to completion of the on-site visit, review including an on-site visit, prior SEVIS. However, once a school meeting the on-site visit must be completed prior to being allowed to enroll in SEVIS. the standards of paragraph (a) of this to May 14, 2004. Dated: June 27, 2002. section applies for certification review, (f) Schools that are not eligible to the Service will have the discretion, apply for preliminary enrollment in James W. Ziglar, after a review of the school’s SEVIS under this section—including Commissioner, Immigration and application, to allow the school to enroll flight schools—will have to apply for Naturalization Service. in SEVIS without requiring an on-site certification under the Interim [FR Doc. 02–16676 Filed 6–27–02; 4:23 pm] visit prior to enrollment. If the Service Certification Rule, pay the certification BILLING CODE 4410–10–P
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Reader Aids Federal Register Vol. 67, No. 126 Monday, July 1, 2002
CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING JULY
Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202–523–5227 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. Presidential Documents Executive orders and proclamations 523–5227 The United States Government Manual 523–5227 Other Services Electronic and on-line services (voice) 523–3447 Privacy Act Compilation 523–3187 Public Laws Update Service (numbers, dates, etc.) 523–6641 TTY for the deaf-and-hard-of-hearing 523–5229
ELECTRONIC RESEARCH World Wide Web Full text of the daily Federal Register, CFR and other publications is located at: http://www.access.gpo.gov/nara Federal Register information and research tools, including Public Inspection List, indexes, and links to GPO Access are located at: http://www.nara.gov/fedreg E-mail FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is an open e-mail service that provides subscribers with a digital form of the Federal Register Table of Contents. The digital form of the Federal Register Table of Contents includes HTML and PDF links to the full text of each document. To join or leave, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. PENS (Public Law Electronic Notification Service) is an e-mail service that notifies subscribers of recently enacted laws. To subscribe, go to http://hydra.gsa.gov/archives/publaws-l.html and select Join or leave the list (or change settings); then follow the instructions. FEDREGTOC-L and PENS are mailing lists only. We cannot respond to specific inquiries. Reference questions. Send questions and comments about the Federal Register system to: [email protected] The Federal Register staff cannot interpret specific documents or regulations.
FEDERAL REGISTER PAGES AND DATE, JULY 44015–44347...... 1
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REMINDERS FEDERAL DEPOSIT TRANSPORTATION Swine fever; disease status The items in this list were INSURANCE CORPORATION DEPARTMENT change— editorially compiled as an aid Risk-based capital: Coast Guard Baja California, Baja to Federal Register users. Securities firms; claims; Drawbridge operations: California Sur, Inclusion or exclusion from published 4-9-02 South Carolina; published 5- Chihuahua, and this list has no legal Correction; published 5- 30-02 Sinaloa; comments due significance. 17-02 TRANSPORTATION by 7-12-02; published DEPARTMENT 5-13-02 [FR 02-11897] FEDERAL RESERVE SYSTEM Federal Transit Used farm equipment RULES GOING INTO Administration imported from regions EFFECT JULY 1, 2002 Risk-based capital: Rail fixed guideway systems; affected with foot-and- Securities firms; claims; State safety oversight: mouth disease; comments published 4-9-02 AGRICULTURE Accident; term and definition due by 7-12-02; published DEPARTMENT Correction; published 5- replaced by ≥major 5-13-02 [FR 02-11896] 17-02 ≥ Agricultural Marketing incident , Plant-related quarantine, Service HEALTH AND HUMAN Withdrawn; published 7-1- domestic: 02 Cotton classing, testing, and SERVICES DEPARTMENT Citrus canker; comments standards: Food and Drug TRANSPORTATION due by 7-8-02; published DEPARTMENT 5-8-02 [FR 02-11459] Classification services to Administration National Highway Traffic growers; 2002 user fees; Human drugs and biological AGRICULTURE Safety Administration published 5-24-02 products: DEPARTMENT Motor vehicle theft prevention Evidence of effectiveness Commodity Credit Lamb promotion, research, standard: when human studies are Corporation and information order; Passenger motor vehicle published 6-7-02 not ethical or feasible; Loan and purchase programs: published 5-31-02 theft data (2003 CY); Onions (Vidalia) grown in— published 7-1-02 Non-recourse cotton loan Georgia; published 6-20-02 INTERIOR DEPARTMENT Organization, functions, and and loan deficiency Fish and Wildlife Service payment programs, upland AGRICULTURE authority delegations; cotton first handler DEPARTMENT Alaska National Interest Lands published 7-1-02 Conservation Act; Title VIII TREASURY DEPARTMENT marketing certificate Forest Service program, and seed cotton implementation (subsistence Comptroller of the Currency Alaska National Interest Lands priority): loan program; comments Conservation Act; Title VIII Risk-based capital: Wildlife; 2002—2003 due by 7-8-02; published implementation (subsistence Securities firms; claims; Subsistence taking; 5-9-02 [FR 02-11352] priority): published 4-9-02 published 6-28-02 Correction; published 5- COMMERCE DEPARTMENT Wildlife; 2002—2003 Endangered and threatened 17-02 National Oceanic and subsistence taking; species: Atmospheric Administration published 6-28-02 TREASURY DEPARTMENT Vicuna (various populations Thrift Supervision Office Fishery conservation and AGRICULTURE in South America); Capital; qualifying mortgage management: DEPARTMENT reclassification; published loan; interest rate risk Magunuson-Stevens Act Farm Service Agency 5-30-02 component, and provisions— Program regulations: LIBRARY OF CONGRESS miscellaneous changes; Domestic fisheries; Guaranteed loans; collecting Copyright Office, Library of published 5-10-02 exempted fishing permit loss payments; published Congress Risk-based capital: applications; comments 7-1-02 Securities fims; claims; Copyright office and due by 7-12-02; published 4-9-02 COMMERCE DEPARTMENT procedures: published 6-27-02 [FR Securities firms; claims 02-16281] National Oceanic and Registration and other Correction; published 5- Atmospheric Administration service fees; changes; CONSUMER PRODUCT 17-02 Endangered and threatened published 5-31-02 SAFETY COMMISSION species: Federal Hazardous NATIONAL CREDIT UNION COMMENTS DUE NEXT Steelhead in southern Substances Act: ADMINISTRATION WEEK California; range Credit unions: Metal-cored candle wicks containing lead and extension; published 5-1- Prompt corrective action and 02 AGRICULTURE candles with such wicks; insurance requirements— DEPARTMENT DEFENSE DEPARTMENT illness risk; comments due Financial and Statistical Agricultural Marketing by 7-8-02; published 4-24- Freedom of Information Act; Reports; filing Service 02 [FR 02-09960] implementation; published 5- requirements; published Cherries (tart) grown in— EDUCATION DEPARTMENT 9-02 3-19-02 Michigan et al.; comments Nondiscrimination on basis of ENVIRONMENTAL PENSION BENEFIT due by 7-10-02; published sex in education programs PROTECTION AGENCY GUARANTY CORPORATION 6-10-02 [FR 02-14405] receiving Federal Hazardous waste program Single-employer plans: Raisins produced from grapes grown in— assistance; comments due authorizations: Allocation of assets— by 7-8-02; published 5-8-02 Idaho; published 7-1-02 California; comments due by Interest assumptions for 7-9-02; published 6-24-02 [FR 02-11476] FEDERAL valuing and paying [FR 02-15961] ENVIRONMENTAL COMMUNICATIONS benefits; published 6- AGRICULTURE PROTECTION AGENCY COMMISSION 14-02 DEPARTMENT Air pollutants, hazardous; Radio stations; table of SMALL BUSINESS Animal and Plant Health national emission standards: assignments: ADMINISTRATION Inspection Service Generic maximum Michigan; published 6-3-02 Small business size standards: Exportation and importation of achievable control Mississippi and Tennessee; Travel agencies; published animals and animal technology standards; published 6-3-02 5-31-02 products: comments due by 7-8-02;
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published 6-7-02 [FR 02- 02; published 4-5-02 Pediatric drugs and Transport category 13800] [FR 02-08259] biologics; obtaining timely airplanes— Semiconductor Water pollution control: pediatric studies and Powerplant controls; manufacturing operations; National Pollutant Discharge adequate labeling; comments due by 7-8- comments due by 7-8-02; Elimination System— comments due by 7-8-02; 02; published 5-8-02 published 5-8-02 [FR 02- Cooling water intake published 4-24-02 [FR 02- [FR 02-11493] 11298] structures at Phase II 09980] Airworthiness directives: Air pollution control: existing facilities; INTERIOR DEPARTMENT requirements; comments Airbus; comments due by 7- State operating permits Fish and Wildlife Service due by 7-8-02; 11-02; published 6-11-02 programs— Endangered and threatened published 4-9-02 [FR [FR 02-14585] species: Oregon; comments due 02-05597] Cessna; comments due by Recovery plans— by 7-10-02; published FEDERAL 7-8-02; published 5-9-02 6-10-02 [FR 02-13974] COMMUNICATIONS Coastal dunes milk-vetch, [FR 02-11523] Oregon; comments due COMMISSION etc. (five plants from Kaman Aerospace Corp.; by 7-10-02; published Common carrier services: Monterey County, CA); comments due by 7-12- 6-10-02 [FR 02-13975] Individuals with hearing and comments due by 7-12- 02; published 5-13-02 [FR Air pollution control; new speech disabilities; 02; published 5-13-02 02-11807] motor vehicles and engines: improved [FR 02-11802] Turbomeca; comments due Tier 2/gasoline sulphur telecommunications relay INTERIOR DEPARTMENT by 7-9-02; published 5-10- regulations; comments and speech-to-speech Surface Mining Reclamation 02 [FR 02-11667] due by 7-12-02; published services; comments due and Enforcement Office Airworthiness standards: by 7-11-02; published 6- 6-12-02 [FR 02-13802] Permanent program and Special conditions— 11-02 [FR 02-14678] abandoned mine land Air programs; approval and CAP Aviation Model 222 Digital television stations; table reclamation plan promulgation; State plans airplane; comments due of assignments: submissions: for designated facilities and by 7-9-02; published 3- pollutants: Georgia; comments due by Kentucky; comments due by 7-8-02; published 5-23-02 11-02 [FR 02-05812] Maine; comments due by 7- 7-8-02; published 6-6-02 [FR 02-13028] Class E airspace; comments 10-02; published 6-10-02 [FR 02-14079] Frequency allocations and due by 7-8-02; published 5- [FR 02-14487] West Virginia; comments radio treaty matters: 28-02 [FR 02-13216] Air quality implementation due by 7-8-02; published 4.9 GHz band transferred TRANSPORTATION plans; approval and 6-6-02 [FR 02-14078] from Federal government DEPARTMENT promulgation; various use; comments due by 7- JUSTICE DEPARTMENT States: Privacy Act; implementation; Federal Motor Carrier Safety 8-02; published 4-9-02 Administration California; comments due by [FR 02-08483] comments due by 7-8-02; 7-10-02; published 6-10- Radio stations; table of published 5-9-02 [FR 02- Motor carrier safety standards: 02 [FR 02-14207] assignments: 11579] Safety fitness procedures— Maryland; comments due by Alabama and Michigan; NUCLEAR REGULATORY New entrant safety 7-11-02; published 6-11- comments due by 7-8-02; COMMISSION assurance process; 02 [FR 02-14491] published 6-14-02 [FR 02- Federal claims collection: comments due by 7-12- Pennsylvania; comments 15098] Salary offset procedures; 02; published 5-13-02 due by 7-8-02; published Michigan and Georgia; comments due by 7-8-02; [FR 02-11730] 6-6-02 [FR 02-14035] comments due by 7-8-02; published 4-24-02 [FR 02- TRANSPORTATION South Dakota; comments published 6-11-02 [FR 02- 09885] DEPARTMENT 14652] due by 7-10-02; published SECURITIES AND National Highway Traffic North Carolina; comments 6-10-02 [FR 02-14366] EXCHANGE COMMISSION Safety Administration due by 7-8-02; published Clean Air Act: 6-3-02 [FR 02-13822] Security futures products: Motor vehicle safety standards: State operating permits FEDERAL ELECTION Broker-dealer confirmation programs— COMMISSION requirements; comments Air brake systems— Oregon; comments due Bipartisan Campaign Reform due by 7-10-02; published Trailer test rig by 7-10-02; published Act; implementation: 6-10-02 [FR 02-14294] modifications; technical 6-10-02 [FR 02-13972] Contribution and STATE DEPARTMENT amendments; comments Oregon; comments due expenditure; redefinition Consular services; fee due by 7-12-02; by 7-10-02; published and regulations schedules; comments due published 5-28-02 [FR 6-10-02 [FR 02-13973] reorganization; comments by 7-8-02; published 6-6-02 02-13221] Hazardous waste program due by 7-12-02; published [FR 02-13001] TREASURY DEPARTMENT authorizations: 6-14-02 [FR 02-14902] Correction; comments due Internal Revenue Service Nevada; comments due by HEALTH AND HUMAN by 7-8-02; published 6-14- Income taxes: 7-12-02; published 6-12- SERVICES DEPARTMENT 02 [FR 02-15096] Consolidated return 02 [FR 02-14629] Centers for Medicare & TRANSPORTATION regulations— Superfund program: Medicaid Services DEPARTMENT Medicare: Loss limitation rules; National oil and hazardous Coast Guard Hospital inpatient cross-reference; substances contingency Drawbridge operations: comments due by 7-10- plan— prospective payment systems and 2003 FY Michigan; comments due by 02; published 5-31-02 National priorities list rates; comments due by 7-9-02; published 5-10-02 [FR 02-13575] update; comments due 7-8-02; published 5-9-02 [FR 02-11718] Consolidated return by 7-8-02; published 6- [FR 02-11290] TRANSPORTATION regulations: 7-02 [FR 02-14209] HEALTH AND HUMAN DEPARTMENT Loss limitation rules; Toxic substances: SERVICES DEPARTMENT Federal Aviation cross-reference; Significant new uses— Food and Drug Administration comments due by 7-10- Perfluoroalkyl sulfonates; Administration Air carrier certification and 02; published 3-12-02 comments due by 7-9- Human drugs: operations: [FR 02-05851]
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State and political www.nara.gov/fedreg/ H.R. 3275/P.L. 107–197 enacted public laws. To subdivisions; obligations; plawcurr.html. To implement the International subscribe, go to http:// comments due by 7-9-02; Convention for the hydra.gsa.gov/archives/ published 4-10-02 [FR 02- The text of laws is not Suppression of Terrorist published in the Federal publaws-l.html or send E-mail 08655] Bombings to strengthen to [email protected] Register but may be ordered criminal laws relating to TREASURY DEPARTMENT with the following text in ‘‘slip law’’ (individual attacks on places of public Privacy Act; implementation pamphlet) form from the use, to implement the message: Internal Revenue Service; Superintendent of Documents, International Convention of the comments due by 7-12- U.S. Government Printing Suppression of the Financing SUBSCRIBE PUBLAWS-L 02; published 6-12-02 [FR Office, Washington, DC 20402 of Terrorism, to combat Your Name. 02-14745] (phone, 202–512–1808). The terrorism and defend the text will also be made Nation against terrorist acts, Note: This service is strictly available on the Internet from and for other purposes. (June for E-mail notification of new LIST OF PUBLIC LAWS GPO Access at http:// 25, 2002; 116 Stat. 721) laws. The text of laws is not www.access.gpo.gov/nara/ Last List June 21, 2002 This is a continuing list of nara005.html. Some laws may available through this service. public bills from the current not yet be available. PENS cannot respond to session of Congress which specific inquiries sent to this S. 2431/P.L. 107–196 Public Laws Electronic have become Federal laws. It address. may be used in conjunction Mychal Judge Police and Fire Notification Service with ‘‘PLUS’’ (Public Laws Chaplains Public Safety (PENS) Update Service) on 202–523– Officers’ Benefit Act of 2002 6641. This list is also (June 24, 2002; 116 Stat. PENS is a free electronic mail available online at http:// 719) notification service of newly
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CFR CHECKLIST Title Stock Number Price Revision Date 14 Parts: 1–59 ...... (869–048–00037–2) ...... 60.00 Jan. 1, 2002 This checklist, prepared by the Office of the Federal Register, is 60–139 ...... (869–048–00038–1) ...... 58.00 Jan. 1, 2002 published weekly. It is arranged in the order of CFR titles, stock 140–199 ...... (869–048–00039–9) ...... 29.00 Jan. 1, 2002 numbers, prices, and revision dates. 200–1199 ...... (869–048–00040–2) ...... 47.00 Jan. 1, 2002 An asterisk (*) precedes each entry that has been issued since last 1200–End ...... (869–048–00041–1) ...... 41.00 Jan. 1, 2002 week and which is now available for sale at the Government Printing 15 Parts: Office. 0–299 ...... (869–048–00042–9) ...... 37.00 Jan. 1, 2002 A checklist of current CFR volumes comprising a complete CFR set, 300–799 ...... (869–048–00043–7) ...... 58.00 Jan. 1, 2002 also appears in the latest issue of the LSA (List of CFR Sections 800–End ...... (869–048–00044–5) ...... 40.00 Jan. 1, 2002 Affected), which is revised monthly. 16 Parts: The CFR is available free on-line through the Government Printing 0–999 ...... (869–048–00045–3) ...... 47.00 Jan. 1, 2002 Office’s GPO Access Service at http://www.access.gpo.gov/nara/cfr/ 1000–End ...... (869–048–00046–1) ...... 57.00 Jan. 1, 2002 index.html. For information about GPO Access call the GPO User Support Team at 1-888-293-6498 (toll free) or 202-512-1530. 17 Parts: 1–199 ...... (869–048–00048–8) ...... 47.00 Apr. 1, 2002 The annual rate for subscription to all revised paper volumes is *200–239 ...... (869–048–00049–6) ...... 55.00 Apr. 1, 2002 $1195.00 domestic, $298.75 additional for foreign mailing. 240–End ...... (869–044–00050–4) ...... 55.00 Apr. 1, 2001 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 ...... (869–044–00056–3) ...... 45.00 Apr. 1, 2001 3 (1997 Compilation 400–499 ...... (869–044–00057–1) ...... 57.00 Apr. 1, 2001 and Parts 100 and 500–End ...... (869–044–00058–0) ...... 57.00 Apr. 1, 2001 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 ...... (869–044–00062–8) ...... 16.00 Apr. 1, 2001 700–1199 ...... (869–048–00005–4) ...... 47.00 Jan. 1, 2002 300–499 ...... (869–044–00063–6) ...... 27.00 Apr. 1, 2001 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 ...... (869–044–00066–1) ...... 52.00 Apr. 1, 2001 1–26 ...... (869–048–00001–1) ...... 41.00 Jan. 1, 2002 1300–End ...... (869–044–00067–9) ...... 20.00 Apr. 1, 2001 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 ...... (869–044–00068–7) ...... 56.00 Apr. 1, 2001 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 ...... (869–044–00070–9) ...... 40.00 Apr. 1, 2001 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 ...... (869–044–00072–5) ...... 45.00 Apr. 1, 2001 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 ...... (869–044–00076–8) ...... 57.00 Apr. 1, 2001 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 ...... (869–044–00077–6) ...... 43.00 Apr. 1, 2001 8 ...... (869–048–00022–4) ...... 58.00 Jan. 1, 2002 §§ 1.61–1.169 ...... (869–044–00078–4) ...... 57.00 Apr. 1, 2001 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 ...... (869–044–00080–6) ...... 41.00 Apr. 1, 2001 200–End ...... (869–048–00024–1) ...... 56.00 Jan. 1, 2002 §§ 1.401–1.440 ...... (869–044–00081–4) ...... 58.00 Apr. 1, 2001 §§ 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 ...... (869–044–00084–9) ...... 53.00 Apr. 1, 2001 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 ...... (869–044–00087–3) ...... 55.00 Apr. 1, 2001 11 ...... (869–048–00029–1) ...... 34.00 Jan. 1, 2002 §§ 1.1401–End ...... (869–044–00088–1) ...... 58.00 Apr. 1, 2001 2–29 ...... (869–044–00089–0) ...... 54.00 Apr. 1, 2001 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 ...... (869–044–00093–8) ...... 54.00 Apr. 1, 2001 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 ...... (869–044–00096–2) ...... 57.00 Apr. 1, 2001
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Title Stock Number Price Revision Date Title Stock Number Price Revision Date *200–End ...... (869–048–00097–6) ...... 13.00 Apr. 1, 2002 100–135 ...... (869–044–00151–9) ...... 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
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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.
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TABLE OF EFFECTIVE DATES AND TIME PERIODS—JULY 2002
This table is used by the Office of the dates, the day after publication is A new table will be published in the Federal Register to compute certain counted as the first day. first issue of each month. dates, such as effective dates and When a date falls on a weekend or comment deadlines, which appear in holiday, the next Federal business day agency documents. In computing these is used. (See 1 CFR 18.17)
DATE OF FR 15 DAYS AFTER 30 DAYS AFTER 45 DAYS AFTER 60 DAYS AFTER 90 DAYS AFTER PUBLICATION PUBLICATION PUBLICATION PUBLICATION PUBLICATION PUBLICATION
July 1 July 16 July 31 August 15 August 30 Sept 30
July 2 July 17 August 1 August 16 Sept 3 Sept 30
July 3 July 18 August 2 August 19 Sept 3 Oct 1
July 5 July 22 August 5 August 19 Sept 3 Oct 3
July 8 July 23 August 7 August 22 Sept 6 Oct 7
July 9 July 24 August 8 August 23 Sept 9 Oct 7
July 10 July 25 August 9 August 26 Sept 9 Oct 8
July 11 July 26 August 12 August 26 Sept 9 Oct 9
July 12 July 29 August 12 August 26 Sept 10 Oct 10
July 15 July 30 August 14 August 29 Sept 13 Oct 15
July 16 July 31 August 15 August 30 Sept 16 Oct 15
July 17 August 1 August 16 Sept 3 Sept 16 Oct 15
July 18 August 2 August 19 Sept 3 Sept 16 Oct 16
July 19 August 5 August 19 Sept 3 Sept 17 Oct 17
July 22 August 6 August 21 Sept 5 Sept 20 Oct 21
July 23 August 7 August 22 Sept 6 Sept 23 Oct 21
July 24 August 8 August 23 Sept 9 Sept 23 Oct 22
July 25 August 9 August 26 Sept 9 Sept 23 Oct 23
July 26 August 12 August 26 Sept 9 Sept 24 Oct 24
July 29 August 13 August 28 Sept 12 Sept 27 Oct 28
July 30 August 14 August 29 Sept 13 Sept 30 Oct 28
July 31 August 15 August 30 Sept 16 Sept 30 Oct 29
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