6–12–03 Thursday Vol. 68 No. 113 June 12, 2003

Pages 35149–35264

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1 II Federal Register / Vol. 68, No. 113 / Thursday, June 12, 2003

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2 III

Contents Federal Register Vol. 68, No. 113

Thursday, June 12, 2003

Agriculture Department Drug Enforcement Administration See Foreign Agricultural Service NOTICES See Forest Service Agency information collection activities; proposals, RULES submissions, and approvals, 35239–35240 Organization, functions, and authority delegations: Revisions Energy Department Correction, 35256 See Federal Energy Regulatory Commission

Centers for Disease Control and Prevention Environmental Protection Agency NOTICES RULES Agency information collection activities; proposals, Air programs; approval and promulgation; State plans for submissions, and approvals, 35227–35229 designated facilities and pollutants: Indiana, 35181–35183 Centers for Medicare & Medicaid Services PROPOSED RULES NOTICES Air programs; approval and promulgation; State plans for Agency information collection activities; proposals, designated facilities and pollutants: submissions, and approvals, 35229 Indiana, 35191–35192 NOTICES Children and Families Administration Agency information collection activities; proposals, NOTICES submissions, and approvals, 35207–35211 Agency information collection activities; proposals, Air pollution control: submissions, and approvals, 35229–35231 Citizens suits; proposed settlements— Engine Manufacturers Association et al., 35211–35212 Civil Rights Commission Committees; establishment, renewal, termination, etc.: NOTICES Science Advisory Board, 35212–35213 Meetings; Sunshine Act, 35197 Superfund; response and remedial actions, proposed settlements, etc.: Coast Guard Meadowlands Plating & Finishing Site, NJ, 35214 RULES Water pollution control: Ports and waterways safety: Marine discharges of vessel sewage, prohibition; Hampton Roads, VA— petitions, etc.— Regulated navigation area, 35172–35177 New Jersey, 35214–35215 Executive Office of the President Commerce Department See Presidential Documents See International Trade Administration See National Oceanic and Atmospheric Administration Federal Aviation Administration RULES Committee for the Implementation of Textile Agreements Airworthiness directives: NOTICES BAE Systems (Operations) Ltd., 35163–35164 Cotton, wool, and man-made textiles: Boeing, 35160–35162 China, 35201–35202 Bombardier, 35152–35155 Textile and apparel categories: Empresa Brasileira de Aeronautica S.A. (EMBRAER), African Growth and Opportunity Act, Andean Trade 35157–35158 Promotion and Drug Eradication Act, and Caribbean Israel Aircraft Industries, Ltd., 35158–35160 Basin Trade Partnership Act; short supply requests— McCauley Propeller Systems, 35155–35157 Ring spun single yarns made of micro modal fiber and PROPOSED RULES U.S. pima cotton, 35202–35203 Airworthiness directives: Airbus, 35186–35191 Consumer Product Safety Commission PROPOSED RULES Federal Communications Commission Federal Hazardous Substances Act: NOTICES Baby bath seats and rings; meeting, 35191 Agency information collection activities; proposals, submissions, and approvals, 35215–35216 Corporation for National and Community Service Common carrier services: NOTICES Full power television, low power television, and FM Grants and cooperative agreements; availability, etc.: broadcast stations; construction permits; closed Parent Drug Corps Program, 35203 broadcast auction; notice and filing requirements, etc., 35216–35225 Defense Department NOTICES Federal Election Commission Privacy Act: NOTICES Systems of records, 35203–35204 Meetings; Sunshine Act, 35225–35226

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Federal Energy Regulatory Commission Health Resources and Services Administration NOTICES NOTICES Hydroelectric applications, 35207 Grants and cooperative agreements; availability, etc.: Preliminary permits surrender: Geriatric Academic Career Awards Program, 35235–35236 Symbiotics, LLC, 35207 Applications, hearings, determinations, etc.: Homeland Security Department ANR Pipeline Co., 35205 See Coast Guard Dominion Cove Point LNG, LP, 35205 RULES East Tennessee Natural Gas Co., 35205–35206 Organization, functions, and authority delegations: Gulf South Pipeline Co., LP, 35206 Parole authority; implementation, 35151–35152 High Island Offshore System, L.L.C., 35206 Indian Arts and Crafts Board RULES Federal Transit Administration Indian Arts and Crafts Act of 1990; implementation: NOTICES Protection of Indian art and craftsmanship, 35164–35172 Buy America waivers: New Flyer of America et al., 35249–35250 Interior Department See Fish and Wildlife Service Fish and Wildlife Service See Land Management Bureau NOTICES Meetings: International Trade Administration North American Wetlands Conservation Council, 35236– NOTICES 35237 Antidumping: Frozen fish fillets from— Food and Drug Administration Vietnam; correction, 35197 NOTICES Lawn and garden steel fence posts from— Agency information collection activities; proposals, China, 35197–35199 submissions, and approvals, 35231–35233 Tapered roller bearings and parts from— Reports and guidance documents; availability, etc.: China, 35199 On-farm feed manufacturing and mixing operations; Justice Department interpretation; withdrawn, 35233–35234 See Drug Enforcement Administration Veterinary Medicinal Products, International Cooperation NOTICES on Harmonisation of Technical Requirements for Pollution control; consent judgments: Approval— National Steel Corp., 35237–35238 Pre-approval information for registration of new Rico Development Corp. et al., 35238 veterinary medicinal products for food-producing Schwarz, Edward, et al., 35239 animals with respect to antimicrobial resistance, 35234–35235 Labor Department See Occupational Safety and Health Administration Foreign Agricultural Service NOTICES Land Management Bureau Uruguay Round Agreements Act; agricultural safeguard NOTICES trigger levels, 35193–35194 Public land orders: Utah; correction, 35237 Forest Service Withdrawal and reservation of lands: NOTICES Washington, 35237 Appealable decisions; legal notice: Maritime Administration Southern Region, 35194–35197 Meetings: NOTICES Resource Advisory Committees— Coastwise trade laws; administrative waivers: Okanogan and Wenatchee National Forests, 35197 AMMERSEE, 35250–35251 BRISTOL GOOSE, 35251 OSCEOLA, 35251–35252 General Services Administration RAVEN, 35252 NOTICES VOYAGER, 35252–35253 Acquisition regulations: Identification cards removed from forms web site; camera National Aeronautics and Space Administration copy option for local reproduction, 35226 NOTICES Privacy Act: Health and Human Services Department Systems of records, 35240–35241 See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services National Highway Traffic Safety Administration See Children and Families Administration RULES See Food and Drug Administration Consumer information: See Health Resources and Services Administration Uniform tire quality grading standards— NOTICES Treadwear testing procedures; correction, 35184–35185 Grants and cooperative agreements; availability, etc.: NOTICES Exchange Visitor Program; two-year foreign residence Agency information collection activities; proposals, requirement; waiver request, 35226–35227 submissions, and approvals, 35253–35254

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National Oceanic and Atmospheric Administration Surface Transportation Board RULES NOTICES Fishery conservation and management: Railroad operation, acquisition, construction, etc.: Atlantic highly migratory species— Cundiff, Gregory B., et al., 35254–35255 Fishing vessel permits; charter boat operations, 35185 Mississippi Tennessee Railnet, Inc., 35255 NOTICES Grants and cooperative agreements; availability, etc.: Textile Agreements Implementation Committee Fisheries Disaster Financial Assistance Program; blue See Committee for the Implementation of Textile crab, 35199–35201 Agreements Nuclear Regulatory Commission Transportation Department NOTICES See Federal Aviation Administration Environmental statements; availability, etc.: See Federal Transit Administration Kerr McGee Corp., 35241–35242 See Maritime Administration Occupational Safety and Health Administration See National Highway Traffic Safety Administration RULES See Surface Transportation Board Construction safety and health standards: RULES Organization, functions, and authority delegations: Crane and Derrick Negotiated Rulemaking Advisory Secretarial succession, 35183–35184 Committee; establishment, 35172

Presidential Documents Veterans Affairs Department ADMINISTRATIVE ORDERS RULES Russian Federation; blocking Government property relating Vocational rehabilitation and education: to disposition of highly enriched uranium from nuclear Veterans education— weapons (Notice of June 10, 2003), 35149–35150 Montgomery GI Bill-Active Duty program; accelerated payments, 35177–35181 Securities and Exchange Commission NOTICES NOTICES Meetings: Agency information collection activities; proposals, Vocational Rehabilitation and Employment Task Force, submissions, and approvals, 35242–35243 35255 Securities: Rating agencies and use of credit ratings under Federal securities laws, 35257–35264 Separate Parts In This Issue Self-regulatory organizations; proposed rule changes: Chicago Board Options Exchange, Inc., 35243–35244 Part II Government Securities Clearing Corp., 35244–35246 Securities and Exchange Commission, 35257–35264 National Association of Securities Dealers, Inc., 35246– 35248

Small Business Administration Reader Aids NOTICES Consult the Reader Aids section at the end of this issue for Disaster loan areas: phone numbers, online resources, finding aids, reminders, Kansas, 35248 and notice of recently enacted public laws. Kentucky, 35248–35249 To subscribe to the Federal Register Table of Contents Meetings: LISTSERV electronic mailing list, go to http:// Veterans Business Affairs Advisory Committee, 35249 listserv.access.gpo.gov and select Online mailing list Applications, hearings, determinations, etc.: archives, FEDREGTOC-L, Join or leave the list (or change Zon Capital Partners, L.P., 35248 settings); then follow the instructions.

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CFR PARTS AFFECTED IN THIS ISSUE

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

3 CFR Executive Orders: 13159 (See Notice of June 10, 2003)...... 35149 Administrative Orders: Notices: Notice of June 10, 2003 ...... 35149 7 CFR 2...... 35256 8 CFR 212...... 35151 14 CFR 39 (6 documents) ...... 35152, 35155, 35157, 35160, 35163 Proposed Rules: 39...... 35186 16 CFR Proposed Rules: 1500...... 35191 25 CFR 309...... 35164 29 CFR 1926...... 35172 33 CFR 165...... 35172 38 CFR 21...... 35177 40 CFR 62...... 35181 Proposed Rules: 62...... 35191 49 CFR 1...... 35183 575...... 35184 50 CFR 635...... 35185

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Federal Register Presidential Documents Vol. 68, No. 113

Thursday, June 12, 2003

Title 3— Notice of June 10, 2003

The President Continuation of the National Emergency with Respect to the Risk of Nuclear Proliferation Created by the Accumulation of Weapons-Usable Fissile Material in the Territory of the Russian Federation

On June 21, 2000, the President issued Executive Order 13159 (the ‘‘Order’’) blocking property and interests in property of the Government of the Russian Federation that are in the United States, that hereafter come within the United States, or that are or hereinafter come within the possession or control of United States persons that are directly related to the implementa- tion of the Agreement Between the Government of the United States of America and the Government of the Russian Federation Concerning the Disposition of Highly Enriched Uranium Extracted from Nuclear Weapons, dated February 18, 1993, and related contracts and agreements (collectively, the ‘‘HEU Agreements’’). The HEU Agreements allow for the downblending of highly enriched uranium derived from nuclear weapons to low enriched uranium for peaceful commercial purposes. The Order invoked the authority, inter alia, of the International Emergency Economic Powers Act, 50 U.S.C. 1701 et seq., and declared a national emergency to deal with the unusual and extraordinary threat to the national security and foreign policy of the United States posed by the risk of nuclear proliferation created by the accumulation of a large volume of weapons-usable fissile material in the territory of the Russian Federation. A major national security goal of the United States is to ensure that fissile material removed from Russian nuclear weapons pursuant to various arms control and disarmament agreements is dedicated to peaceful uses (such as downblended to low enriched uranium for peaceful commercial uses), subject to transparency measures, and protected from diversion to activities of proliferation concern. Pursuant to the HEU Agreements, weapons-grade uranium extracted from Russian nuclear weapons is converted to low en- riched uranium for use as fuel in commercial nuclear reactors. The Order blocks and protects from attachment, judgment, decree, lien, execution, gar- nishment, or other judicial process the property and interests in property of the Government of the Russian Federation that are directly related to the implementation of the HEU Agreements and that are in the United States, that hereafter come within the United States, or that are or hereafter come within the possession or control of United States persons. The national emergency declared on June 21, 2000, must continue beyond June 21, 2003, to provide continued protection from attachment, judgment, decree, lien, execution, garnishment, or other judicial process for the property and interests in property of the Government of the Russian Federation that are directly related to the implementation of the HEU Agreements and subject to U.S. jurisdiction. Therefore, in accordance with section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1 year the national emergency with respect to weapons-usable fissile material

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in the territory of the Russian Federation. This notice shall be published in the Federal Register and transmitted to the Congress. W THE WHITE HOUSE, June 10, 2003. [FR Doc. 03–15031 Filed 6–11–03; 8:45 am] Billing code 3195–01–P

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Rules and Regulations Federal Register Vol. 68, No. 113

Thursday, June 12, 2003

This section of the FEDERAL REGISTER Immigration and Customs Enforcement, 1996. This rule will not result in an contains regulatory documents having general Office of General Counsel, 425 I Street, annual effect on the economy of $100 applicability and legal effect, most of which NW., Room 6100, Washington, DC million or more; a major increase in are keyed to and codified in the Code of 20536, telephone (202) 514–2895. costs or prices; or significant adverse Federal Regulations, which is published under effects on competition, employment, 50 titles pursuant to 44 U.S.C. 1510. SUPPLEMENTARY INFORMATION: investment, productivity, innovation, or Explanation of Changes The Code of Federal Regulations is sold by on the ability of United States-based the Superintendent of Documents. Prices of This rule amends parole authority companies to compete with foreign- new books are listed in the first FEDERAL under 8 CFR 212.5 to reflect the new based companies in domestic and REGISTER issue of each week. titles under the organizational structures export markets. of the BCIS, CBP, and ICE. The term Executive Order 12988: Civil Justice ‘‘Commissioner’’ has been replaced with Reform DEPARTMENT OF HOMELAND ‘‘Secretary’’ to reflect the transfer of SECURITY authority over parole issues from the This rule meets the applicable Service to DHS and the component standards set forth in section 3(a) and 8 CFR Part 212 organizations of the BCIS, CBP, and ICE. (b)(2) of Executive Order 12988. [ICE No. 2278–03] Component heads of the three bureaus Unfunded Mandates Reform Act of 1995 RIN 1653 AA25 are the Director of the BCIS, Commissioner of CBP and Assistant This rule will not result in the Authority of the Secretary of Homeland Secretary for ICE. The rule does not expenditure by state, local and tribal Security; Parole Authority make any substantive changes to the government, in the aggregate, or by the standards for making determinations private sector of $100 million or more AGENCY: Department of Homeland regarding requests for parole. in any one year, and it will not Security. significantly or uniquely affect small Procedural Requirements ACTION: Final rule. governments. Therefore, no actions were Good Cause Exception deemed necessary under the provisions SUMMARY: On November 25, 2002, the Compliance with 5 U.S.C. 553 as to of the Unfunded Mandates Reform Act President signed into law the Homeland of 1995. Security Act of 2002 (Pub. L. 107–296) notice of proposed rulemaking or (HSA), which created the new delayed effective date is unnecessary as Executive Order 13132 this rule relates to agency organization Department of Homeland Security This rule will not have substantial (Department or DHS). The functions of and management. Accordingly, it is not a ‘‘rule’’ as that term is used by the direct effects on the States, on the the Immigration and Naturalization relationship between the National Service (Service) and all authorities Congressional Review Act (Subtitle E of the Small Business Regulatory Government and the States, or on the with respect to those functions, distribution of power and transferred to DHS on March 1, 2003, Enforcement Fairness Act of 1996 (SBREFA)), and the reporting responsibilities among the various and the Service was abolished on that levels of government. Therefore, in date, pursuant to the HSA and the requirement of 5 U.S.C. 801 does not apply. accordance with section 6 of Executive Department of Homeland Security Order 13132, the Department of Reorganization Plan, as modified Executive Order 12866 Homeland Security has determined that (Reorganization Plan). DHS is This rule is limited to agency this rule does not have sufficient promulgating this rule to continue the federalism implications to warrant the process of conforming the text of Title organization, management or personnel matters, and therefore is not a regulation preparation of a federalism summary 8 of the Code of Federal Regulations to impact statement. the governmental structures established or rule as defined by Executive Order in the HSA and Reorganization Plan. 12866. It has also been determined that Paperwork Reduction Act this rulemaking is not a significant The rule addresses parole authority Under the Paperwork Reduction Act under section 212(d)(5) of the regulatory action for the purposes of Executive Order 12866. Accordingly, a of 1995, Public Law 104–13, all Immigration and Nationality Act. With Departments are required to submit to regard to parole authority the rule regulatory impact analysis is not required. the Office of Management and Budget implements changes in the field (OMB), for review and approval, any structures of the Bureau of Citizenship Regulatory Flexibility Act reporting requirements inherent in a and Immigration Services (BCIS), the Because no notice of proposed final rule. This rule does not impose any Bureau of Customs and Border rulemaking is required, the provisions new reporting or recordkeeping Protection (CBP), and the Bureau of of the Regulatory Flexibility Act (5 requirements under the Paperwork Immigration and Customs Enforcement U.S.C. chapter 6) do not apply. Reduction Act. (ICE) by amending the titles of officers given parole authority. Small Business Regulatory Enforcement List of Subjects in 8 CFR Part 212 DATES: This final rule is effective June Fairness Act of 1996 Administrative practice and 12, 2003. This rule is not a major rule as procedure, Aliens, Immigration, FOR FURTHER INFORMATION CONTACT: defined by section 804 of the Small Reporting and recordkeeping Catherine Muhletaler, Bureau of Business Regulatory Enforcement Act of requirements.

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■ Accordingly, part 212 of chapter I of § 235.3(b) or (c) of this chapter and conducted under section 235 or 240 of title 8 of the Code of Federal Regulations paragraph (b) of this section, those the Act and this chapter, or any order is amended as follows: officials listed in paragraph (a) of this of exclusion, deportation, or removal section may, after review of the previously entered shall be executed. If PART 212—DOCUMENTARY individual case, parole into the United the exclusion, deportation, or removal REQUIREMENTS: NONIMMIGRANTS; States temporarily in accordance with order cannot be executed within a WAIVERS; ADMISSION OF CERTAIN section 212(d)(5)(A) of the Act, any reasonable time, the alien shall again be INADMISSIBLE ALIENS; PAROLE alien applicant for admission, under released on parole unless in the opinion ■ 1. The authority citation for part 212 is such terms and conditions, including of the official listed in paragraph (a) of revised to read as follows: those set forth in paragraph (d) of this this section the public interest requires section, as he or she may deem that the alien be continued in custody. Authority: 8 U.S.C. 1101 and note, 1102, 1103, 1182 and note, 1184, 1187, 1225, 1226, appropriate. An alien who arrives at a * * * * * port-of-entry and applies for parole into 1227, 1228; Public Law 107–296, 116 Stat Dated: June 3, 2003. 2135 (6 U.S.C. 1, et seq.); 8 CFR part 2. the United States for the sole purpose of seeking adjustment of status under Tom Ridge, ■ 2. Section 212.5 is amended by: section 245A of the Act, without benefit Secretary of Homeland Security. ■ a. Revising paragraph (a); of advance authorization as described in [FR Doc. 03–14932 Filed 6–10–03; 2:49 pm] ■ b. Revising paragraph (b)(3) paragraph (f) of this section shall be BILLING CODE 4410–10–P introductory text; ■ c. Revising paragraph (b)(5); denied parole and detained for removal ■ d. Revising paragraph (c); in accordance with the provisions of ■ e. Revising paragraph (d) introductory § 235.3(b) or (c) of this chapter. An alien DEPARTMENT OF TRANSPORTATION text; seeking to enter the United States for the ■ f. Revising paragraph (d) (1); and by sole purpose of applying for adjustment Federal Aviation Administration ■ g. Revising paragraph (e)(2)(i). of status under section 210 of the Act The revisions read as follows: shall be denied parole and detained for 14 CFR Part 39 removal under § 235.3(b) or (c) of this [Docket No. 2003–NM–98–AD; Amendment § 212.5 Parole of aliens into the United chapter, unless the alien has been States. 39–13191; AD 2003–12–06] recommended for approval of such (a) The authority of the Secretary to application for adjustment by a consular RIN 2120–AA64 continue an alien in custody or grant officer at an Overseas Processing Office. Airworthiness Directives; Bombardier parole under section 212(d)(5)(A) of the (d) Conditions. In any case where an Act shall be exercised by the Assistant Model CL–600–2C10 (Regional Jet alien is paroled under paragraph (b) or Series 700 & 701) Series Airplanes Commissioner, Office of Field (c) of this section, those officials listed Operations; Director, Detention and in paragraph (a) of this section may AGENCY: Federal Aviation Removal; directors of field operations; require reasonable assurances that the Administration, DOT. port directors; special agents in charge; alien will appear at all hearings and/or deputy special agents in charge; ACTION: Final rule; request for depart the United States when required associate special agents in charge; comments. to do so. Not all factors listed need be assistant special agents in charge; present for parole to be exercised. Those SUMMARY: This amendment adopts a resident agents in charge; field office officials should apply reasonable new airworthiness directive (AD) that is directors; deputy field office directors; discretion. The consideration of all applicable to certain Bombardier Model chief patrol agents; district directors for relevant factors includes: CL–600–2C10 (Regional Jet Series 700 & services; and those other officials as (1) The giving of an undertaking by 701) series airplanes. This action may be designated in writing, subject to the applicant, counsel, or a sponsor to requires a revision to the Airplane the parole and detention authority of the Secretary or his designees. The ensure appearances or departure, and a Flight Manual (AFM) to prohibit Secretary or his designees may invoke, bond may be required on Form I–352 in operations into known or forecast icing in the exercise of discretion, the such amount as may be deemed conditions under certain conditions. authority under section 212(d)(5)(A) of appropriate; This action also requires an inspection the Act. * * * * * to detect damage of the wing anti-ice (b) * * * (e) * * * (WAI) ducts to determine if the external (3) Aliens who are defined as (2)(i) On notice. In cases not covered shrouds of the ducts are open or juveniles in § 236.3(a) of this chapter. by paragraph (e)(1) of this section, upon cracked, and replacement of any The Director, Detention and Removal; accomplishment of the purpose for damaged duct with a new duct or a duct directors of field operations; field office which parole was authorized or when in with the same part number. This action directors; deputy field office directors; the opinion of one of the officials listed also provides for an optional or chief patrol agents shall follow the in paragraph (a) of this section, neither terminating action for the AFM revision guidelines set forth in § 236.3(a) of this humanitarian reasons nor public benefit and inspection. This action is necessary chapter and paragraphs (b)(3)(i) through warrants the continued presence of the to prevent the WAI ducts from (iii) of this section in determining under alien in the United States, parole shall collapsing, cracking, or rupturing, what conditions a juvenile should be be terminated upon written notice to the which could cause leakage of hot air in paroled from detention: alien and he or she shall be restored to the under-floor pressurized area of the * * * * * the status that he or she had at the time fuselage when the anti-ice system is (5) Aliens whose continued detention of parole. When a charging document is turned on. Such leakage of hot air is not in the public interest as served on the alien, the charging results in insufficient heat for the anti- determined by those officials identified document will constitute written notice ice system and consequent aerodynamic in paragraph (a) of this section. of termination of parole, unless degradation. This action is intended to (c) In the case of all other arriving otherwise specified. Any further address the identified unsafe condition. aliens, except those detained under inspection or hearing shall be DATES: Effective June 27, 2003.

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The incorporation by reference of rupture of the WAI ducts, and Explanation of Requirements of Rule certain publications listed in the consequent leakage of hot air in the regulations is approved by the Director under-floor pressurized area of the Since an unsafe condition has been of the Federal Register as of June 27, fuselage when the anti-ice system is identified that is likely to exist or 2003. turned on. Such leakage of hot air develop on other airplanes of the same Comments for inclusion in the Rules results in insufficient heat for the anti- type design registered in the United Docket must be received on or before ice system and consequent aerodynamic States, this AD is being issued to July 14, 2003. degradation. prevent the WAI ducts from collapsing, ADDRESSES: Submit comments in cracking, or rupturing, and consequent TCCA Airworthiness Directive triplicate to the Federal Aviation leakage of hot air in the under-floor Administration (FAA), Transport TCCA issued airworthiness directive pressurized area of the fuselage when Airplane Directorate, ANM–114, CF–2003–07, effective on March 25, the anti-ice system is turned on. Such Attention: Rules Docket No. 2003–NM– 2003, to ensure the continued leakage of hot air results in insufficient 98–AD, 1601 Lind Avenue, SW., airworthiness of these airplanes in heat for the anti-ice system and Renton, Washington 98055–4056. Canada. The Canadian airworthiness consequent aerodynamic degradation. Comments may be inspected at this directive requires an amendment to the This AD requires a revision to the location between 9 a.m. and 3 p.m., Master Minimum Equipment List Limitations Section of the Airplane Monday through Friday, except Federal (MMEL)/Minimum Equipment List Flight Manual (AFM) to prohibit holidays. Comments may be submitted (MEL) to prohibit operations into known operations into known or forecast icing via fax to (425) 227–1232. Comments or forecast icing conditions under conditions under certain conditions. may also be sent via the Internet using certain conditions, and accomplishment This AD also requires accomplishment the following address: 9–anm– of the actions specified in CRJ 700/900 of the actions specified in the service [email protected]. Comments sent Series Regional Jet (Bombardier) Alert bulletin described previously, except as via the Internet must contain ‘‘Docket Service Bulletin A670BA–30–007 described below. No. 2003–NM–98–AD’’ in the subject (described below). line and need not be submitted in Differences Between This AD and triplicate. Comments sent via fax or the Explanation of Relevant Service Service Bulletin/Canadian Internet as attached electronic files must Information Airworthiness Directive be formatted in Microsoft Word 97 or The manufacturer has issued CRJ 700/ 2000 or ASCII text. Operators should note that, although The service information referenced in 900 Series Regional Jet (Bombardier) the service bulletin specifies that the this AD may be obtained from Alert Service Bulletin A670BA–30–007, manufacturer may be contacted for Bombardier, Inc., Canadair, Aerospace Revision A, dated April 15, 2003. The disposition of certain conditions of the Group, P.O. Box 6087, Station Centre- alert service bulletin describes surrounding equipment and structure of ville, Montreal, Quebec H3C 3G9, procedures for a detailed inspection to the external shroud of the WAI ducts, Canada. This information may be detect damage of the four WAI ducts this AD requires the inspection of those examined at the FAA, Transport and to determine if the external shrouds areas to be accomplished per a method Airplane Directorate, 1601 Lind of the ducts are open or cracked, and approved by either the FAA or TCCA (or replacement of any damaged duct with Avenue, SW., Renton, Washington; or at its delegated agent). In light of the type a new duct or a duct with the same part the FAA, New York Aircraft of inspection that will be required to number (P/N) that is free of any dent or Certification Office, 10 Fifth Street, address the identified unsafe condition, Third Floor, Valley Stream, New York; other handling damage. The alert service bulletin also describes and in consonance with existing or at the Office of the Federal Register, bilateral airworthiness agreements, the 800 North Capitol Street, NW., suite procedures for eventual replacement of all four WAI ducts with new ducts. FAA has determined that, for this AD, 700, Washington, DC. an inspection approved by either the FOR FURTHER INFORMATION CONTACT: Dan TCCA classified this service bulletin FAA or TCAA (or its delegated agent) Parrillo, Aerospace Engineer, Systems as mandatory and issued Canadian will be acceptable for compliance with and Flight Test Branch, ANE–172, FAA, airworthiness directive CF–2003–07 to this AD. New York Aircraft Certification Office, ensure the continued airworthiness of 10 Fifth Street, Third Floor, Valley these airplanes in Canada. The Canadian airworthiness directive requires an amendment to the MMEL/ Stream, New York 11581; telephone FAA’s Conclusions (516) 256–7505; fax (516) 568–2716. MEL to prohibit operations into known or forecast icing conditions under SUPPLEMENTARY INFORMATION: Transport This airplane model is manufactured Canada Civil Aviation (TCCA), which is in Canada and is type certificated for certain conditions. In the United States, the airworthiness authority for Canada, operation in the United States under the the MMEL and the MEL are not notified the FAA that an unsafe provisions of section 21.29 of the developed or approved as part of the condition may exist on certain Federal Aviation Regulations (14 CFR certification requirements of the Bombardier Model CL–600–2C10 21.29) and the applicable bilateral airplane. Therefore, in order to prohibit (Regional Jet Series 700 & 701) series airworthiness agreement. Pursuant to operations into known or forecast icing airplanes. TCCA advises that it has this bilateral airworthiness agreement, conditions under certain conditions, the received several reports of failure of the TCCA has kept the FAA informed of the FAA has determined that it is necessary wing anti-ice (WAI) ducts. Failure situation described above. The FAA has to address the identified unsafe analysis indicates that the WAI ducts, examined the findings of TCCA, condition by requiring a revision to the located in the under-floor pressurized reviewed all available information, and Limitations Section of the AFM. In area, can collapse due to insufficient determined that AD action is necessary accordance with 14 CFR 121.628(b)(2), strength for the applied differential for products of this type design that are this AD has the effect of overriding the pressure. This condition, if not certificated for operation in the United MMEL/MEL, so it has the same effect as corrected, could result in cracks or States. the Canadian airworthiness directive.

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Interim Action request to change the service bulletin amends part 39 of the Federal Aviation The FAA is considering further reference as two separate issues. Regulations (14 CFR part 39) as follows: • For each issue, state what specific rulemaking action to supersede this AD change to the AD is being requested. PART 39—AIRWORTHINESS to require replacement of all four WAI • Include justification (e.g., reasons or DIRECTIVES ducts with new ducts per CRJ 700/900 data) for each request. Series Regional Jet (Bombardier) Alert Comments are specifically invited on ■ 1. The authority citation for part 39 Service Bulletin A670BA–30–007, the overall regulatory, economic, continues to read as follows: which would terminate the inspection environmental, and energy aspects of Authority: 49 U.S.C. 106(g), 40113, 44701. and AFM requirements of this AD. the rule that might suggest a need to However, the planned compliance time modify the rule. All comments § 39.13 [Amended] for the replacement is sufficiently long submitted will be available, both before ■ 2. Section 39.13 is amended by adding so that notice and opportunity for prior and after the closing date for comments, the following new airworthiness public comment will be practicable. in the Rules Docket for examination by directive: Changes to 14 CFR Part 39/Effect on the interested persons. A report that AD summarizes each FAA-public contact 2003–12–06 Bombardier, Inc. (Formerly concerned with the substance of this AD Canadair): Amendment 39–13191. On July 10, 2002, the FAA issued a will be filed in the Rules Docket. Docket 2003–NM–98–AD. new version of 14 CFR part 39 (67 FR Commenters wishing the FAA to Applicability: Model CL–600–2C10 47997, July 22, 2002), which governs the acknowledge receipt of their comments (Regional Jet Series 700 & 701) series FAA’s airworthiness directives system. submitted in response to this rule must airplanes, serial numbers 10004 through The regulation now includes material submit a self-addressed, stamped 10119 inclusive; certificated in any category. that relates to altered products, special postcard on which the following Compliance: Required as indicated, unless accomplished previously. flight permits, and alternative methods statement is made: ‘‘Comments to of compliance (AMOC). Because we To prevent the wing anti-ice (WAI) ducts Docket Number 2003–NM–98–AD.’’ The from collapsing, cracking, or rupturing, have now included this material in part postcard will be date stamped and 39, only the office authorized to consequent leakage of hot air in the under- returned to the commenter. floor pressurized area of the fuselage when approved AMOCs is identified in each Regulatory Impact the anti-ice system is turned on, insufficient individual AD. heat for the anti-ice system, and aerodynamic Determination of Rule’s Effective Date The regulations adopted herein will degradation, accomplish the following: not have a substantial direct effect on Since a situation exists that requires the States, on the relationship between Referenced Service Information the immediate adoption of this the national Government and the States, (a) The term ‘‘service bulletin,’’ as used in regulation, it is found that notice and or on the distribution of power and this AD, means the Accomplishment opportunity for prior public comment responsibilities among the various Instructions of CRJ 700/900 Series Regional Jet (Bombardier) Alert Service Bulletin hereon are impracticable, and that good levels of government. Therefore, it is A670BA–30–007, Revision A, dated April 15, cause exists for making this amendment determined that this final rule does not effective in less than 30 days. 2003, including Appendices A and B, dated have federalism implications under March 18, 2003. Comments Invited Executive Order 13132. The FAA has determined that this Airplane Flight Manual (AFM) Revision Although this action is in the form of regulation is an emergency regulation (b) Within 48 hours after the effective date a final rule that involves requirements that must be issued immediately to of this AD, revise the Limitations Section of affecting flight safety and, thus, was not correct an unsafe condition in aircraft, the CRJ 700 AFM to include the following preceded by notice and an opportunity and that it is not a ‘‘significant (this may be accomplished by inserting a for public comment, comments are regulatory action’’ under Executive copy of this AD into the AFM): invited on this rule. Interested persons Order 12866. It has been determined ‘‘1. Anti-Ice Bleed Leak Detection Controller (AILC) Channels (see Note 1): are invited to comment on this rule by further that this action involves an Flight with ‘‘WING A/I FAULT’’ status submitting such written data, views, or emergency regulation under DOT arguments as they may desire. message on the engine indication and crew Regulatory Policies and Procedures (44 alerting system (EICAS) is not authorized, Communications shall identify the FR 11034, February 26, 1979). If it is except as follows: Rules Docket number and be submitted determined that this emergency One may be inoperative as indicated by in triplicate to the address specified regulation otherwise would be ‘‘WING A/I FAULT’’ status message on under the caption ADDRESSES. All significant under DOT Regulatory EICAS provided: communications received on or before Policies and Procedures, a final (a) Wing Anti-Ice switch is selected OFF, the closing date for comments will be regulatory evaluation will be prepared and considered, and this rule may be and placed in the Rules Docket. A copy (b) Operations are not conducted into amended in light of the comments of it, if filed, may be obtained from the known or forecast icing conditions. received. Factual information that Rules Docket at the location provided 2. Wing/Fuselage Anti-Ice Bleed Leak Detection Loops (see Note 1): supports the commenter’s ideas and under the caption ADDRESSES. suggestions is extremely helpful in Flight with Wing/Fuselage Anti-Ice Bleed evaluating the effectiveness of the AD List of Subjects in 14 CFR Part 39 Leak Detection Loops inoperative is not authorized, except as follows: action and determining whether Air transportation, Aircraft, Aviation One loop (A or B) may be inoperative additional rulemaking action would be safety, Incorporation by reference, provided: needed. Safety. (a) Wing Anti-Ice switch is selected OFF, Submit comments using the following Adoption of the Amendment and format: (b) Operations are not conducted into • Organize comments issue-by-issue. ■ Accordingly, pursuant to the authority known or forecast icing conditions. For example, discuss a request to delegated to me by the Administrator, Note 1: This limitation supersedes the change the compliance time and a the Federal Aviation Administration Master Minimum Equipment List (MMEL).’’

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Detailed Inspection and Corrective Actions if Appendices A and B, dated March 18, 2003. the proposed AD are intended to Necessary This incorporation by reference was prevent propeller separation due to hub (c) Within 150 flight hours after the approved by the Director of the Federal fatigue cracking, which can result in effective date of this AD, do a detailed Register in accordance with 5 U.S.C. 552(a) loss of control of the airplane. and 1 CFR part 51. Copies may be obtained inspection to detect damage of the four WAI DATES: Effective July 17, 2003. The ducts and to determine if the external from Bombardier, Inc., Canadair, Aerospace shrouds of the WAI ducts are open or Group, P.O. Box 6087, Station Centre-ville, incorporation by reference of certain cracked, per the alert service bulletin. Montreal, Quebec H3C 3G9, Canada. Copies publications listed in the regulations is (1) If no discrepancy is found, no further may be inspected at the FAA, Transport approved by the Director of the Federal action is required by this AD. Airplane Directorate, 1601 Lind Avenue, Register as of July 17, 2003. (2) If any external shroud of a WAI duct SW., Renton, Washington; or at the FAA, ADDRESSES: The service information is found open or cracked, before further New York Aircraft Certification Office, 10 Fifth Street, Third Floor, Valley Stream, New referenced in this AD may be obtained flight, inspect the surrounding equipment from McCauley Propeller Systems, 3535 and structure per a method approved by the York; or at the Office of the Federal Register, Manager, New York Aircraft Certification 800 North Capitol Street, NW., suite 700, McCauley Drive, PO Drawer 5053, Office, FAA, or Transport Canada Civil Washington, DC. Vandalia, OH 45377–5053; telephone: Aviation (TCCA) (or its delegated agent). Note 2: The subject of this AD is addressed 937–890–5246; fax: 937–890–6001. This (3) If any damaged WAI duct is found, in Canadian airworthiness directive CF– information may be examined, by before further flight, replace the WAI duct 2003–07, effective on March 25, 2003. appointment, at the FAA, New England with a new duct or a duct with the same part Region, Office of the Regional Counsel, number (P/N) that is free of any dent, crease, Effective Date 12 New England Executive Park, or other handling damage, per the alert (h) This amendment becomes effective on Burlington, MA; or at the Office of the service bulletin. June 27, 2003. Federal Register, 800 North Capitol Note 1: For the purposes of this AD, a Issued in Renton, Washington, on June 5, Street, NW., suite 700, Washington, DC. detailed inspection is defined as: ‘‘An 2003. intensive visual examination of a specific FOR FURTHER INFORMATION CONTACT: structural area, system, installation, or Ali Bahrami, Timothy Smyth, Aerospace Engineer, assembly to detect damage, failure, or Acting Manager, Transport Airplane Chicago Aircraft Certification Office, irregularity. Available lighting is normally Directorate, Aircraft Certification Service. FAA, Small Airplane Directorate, 2350 supplemented with a direct source of good [FR Doc. 03–14676 Filed 6–11–03; 8:45 am] East Devon Avenue, Room 323, Des lighting at intensity deemed appropriate by BILLING CODE 4910–13–P Plaines, IL 60018; telephone: (847) 294– the inspector. Inspection aids such as mirror, 7132; fax: (847) 294–7834. magnifying lenses, etc., may be used. Surface cleaning and elaborate access procedures SUPPLEMENTARY INFORMATION: A may be required.’’ DEPARTMENT OF TRANSPORTATION proposal to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) Federal Aviation Administration Optional Terminating Action by superseding AD 97–06–16, (d) Replacement of all four WAI ducts with Amendment 39–9973 (62 FR 16064, 14 CFR Part 39 new ducts having P/N GG670–80504–5 or –6, April 4, 1997), which is applicable to or P/N GG670–80312–3 or –4, as applicable, [Docket No. 97–ANE–06–AD; Amendment McCauley Propeller Systems 1A103/ per the service bulletin, terminates the 39–13190; AD 2003–12–05] TCM series propellers, was published in requirements of this AD. After doing the replacement, the AFM revision required by RIN 2120–AA64 the Federal Register on September 27, paragraph (b) of this AD may be removed. 2002 (67 FR 61043). That action Airworthiness Directives; McCauley proposed to require: Reporting Requirement Propeller Systems 1A103/TCM Series • An initial inspection for cracks in (e) Submit a report of the results of the Propellers the propeller hub in accordance with a inspection required by paragraph (c) of this dye penetrant inspection procedure. AD per the alert service bulletin specified in AGENCY: Federal Aviation • Replacement of propellers with paragraph (c) of this AD. Information Administration, DOT. cracks that do not meet acceptable collection requirements contained in this AD ACTION: Final rule. limits. have been approved by the Office of • Management and Budget (OMB) under the Rework of propellers with cracks SUMMARY: provisions of the Paperwork Reduction Act of This amendment supersedes that meet acceptable limits. 1980 (44 U.S.C. 3501 et seq.) and have been an existing airworthiness directive (AD), • Painting of the propeller hub before assigned OMB Control Number 2120–0056. that is applicable to McCauley Propeller installation of the propeller. (1) If the inspection was done after the Systems 1A103/TCM series propellers. • Repetitive inspections of all effective date of this AD: Submit the report That AD currently requires an initial affected propellers. within 14 days after the inspection. inspection for cracks in the propeller • Installation of a steel backing plate (2) If the inspection was accomplished hub in accordance with a dye penetrant and Mylar gasket during installation of prior to the effective date of this AD: Submit inspection procedure, replacement of the propeller. the report within 14 days after the effective propellers with cracks that do not meet date of this AD. These actions must be done in acceptable limits, rework of propellers accordance with McCauley Propeller Alternative Methods of Compliance with cracks that meet acceptable limits, Systems Alert Service Bulletin (ASB) (f) In accordance with 14 CFR 39.19, the and repetitive inspections of all affected 221C, dated September 7, 1999. Manager, New York ACO, FAA, is authorized propellers. This amendment allows to approve alternative methods of additional rework operations to be Comments compliance for this AD. performed at more than one bolt hole Interested persons have been afforded Incorporation by Reference location. This amendment is prompted an opportunity to participate in the (g) Unless otherwise specified in this AD, by the need to clarify the requirement to making of this amendment. Due the actions must be done per CRJ 700/900 use a steel backing plate and Mylar consideration has been given to the Series Regional Jet (Bombardier) Alert gasket during installation of the comments received. Service Bulletin A670BA–30–007, Revision propeller, and to relax the replacement One commenter agrees with the A, dated April 15, 2003, including requirements. The actions specified in NPRM as written.

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After careful review of the available PART 39—AIRWORTHINESS (iii) If cracks are discovered that are not data, including the comments noted DIRECTIVES within the rework limits described in Section above, the FAA has determined that air III of the ASB, before further flight remove safety and the public interest require the ■ 1. The authority citation for part 39 the propeller from service and replace with adoption of the rule as proposed. continues to read as follows: a serviceable propeller. Authority: 49 U.S.C. 106(g), 40113, 44701. (iv) If cracks are discovered that are within Economic Analysis the rework limits described in Section III of § 39.13 [Amended] the ASB, before further flight rework the There are approximately 6,100 ■ 2. Section 39.13 is amended by propeller in accordance with Section III of propellers of the affected design in the the ASB, and resume inspecting repetitively removing Amendment 39–9973 (62 FR worldwide fleet. The FAA estimates that in accordance with paragraph (a)(1)(ii) of this 16064, April 4, 1997) and by adding a approximately 3,000 propellers installed AD. new airworthiness directive, on airplanes of U.S. registry will be (2) For propellers with less than 3,000 Amendment 39–13190, to read as affected by this AD. The FAA also hours TIS on the effective date of this AD, estimates that it will take approximately follows: upon accumulating 3,000 hours TIS perform 3 work hours per propeller to perform 2003–12–05 McCauley Propeller Systems: the steps required by paragraph (a)(1)(i) the required actions, and that the Amendment 39–13190. Docket No. 97– through (a)(1)(iv) of this AD. average labor rate is $60 per work hour. ANE–06–AD. Supersedes AD 97–06–16, (b) Paint camber side of the propeller in Amendment 39–9973. Required parts would cost accordance with Section II or Section III of approximately $17 per propeller. Based Applicability: This airworthiness directive the ASB. (AD) is applicable to McCauley Propeller on these figures, the total cost of the AD (c) Install propeller in accordance with Systems 1A103/TCM series propellers with Section V of the ASB. to U.S. operators is estimated to be numeric serial numbers 770001 through $591,000 per year. 777390; and propellers with alphanumeric Alternative Methods of Compliance serial numbers BC001 up to, but not (d) An alternative method of compliance or Regulatory Analysis including KC001. These propellers are installed on but not limited to Cessna 152, adjustment of the compliance time that This final rule does not have Cessna A152, Reims F152, and Reims FA152 provides an acceptable level of safety may be federalism implications, as defined in series airplanes. All alphanumeric serial used if approved by the Manager, Chicago Executive Order 13132, because it number propellers beginning with the letters Aircraft Certification Office (CHIACO). would not have a substantial direct ‘‘B’’ through ‘‘J’’ are affected by this AD. Operators must submit their requests through effect on the States, on the relationship Note 1: This AD applies to each propeller an appropriate FAA Principal Maintenance between the national government and identified in the preceding applicability Inspector, who may add comments and then the States, or on the distribution of provision, regardless of whether it has been send it to the Manager, CHIACO. power and responsibilities among the modified, altered, or repaired in the area Note 2: Information concerning the subject to the requirements of this AD. For existence of approved alternative methods of various levels of government. propellers that have been modified, altered, compliance with this airworthiness directive, Accordingly, the FAA has not consulted or repaired so that the performance of the with state authorities prior to requirements of this AD is affected, the if any, may be obtained from the CHIACO. publication of this final rule. owner/operator must request approval for an Special Flight Permits For the reasons discussed above, I alternative method of compliance in accordance with paragraph (d) of this AD. (e) Special flight permits may be issued in certify that this action (1) is not a The request should include an assessment of accordance with §§ 21.197 and 21.199 of the ‘‘significant regulatory action’’ under the effect of the modification, alteration, or Federal Aviation Regulations (14 CFR 21.197 Executive Order 12866; (2) is not a repair on the unsafe condition addressed by and 21.199) to operate the airplane to a ‘‘significant rule’’ under the DOT this AD; and, if the unsafe condition has not location where the requirements of this AD Regulatory Policies and Procedures (44 been eliminated, the request should include can be done. FR 11034, February 26, 1979); and (3) specific proposed actions to address it. will not have a significant economic Compliance: Compliance with this AD is Documents That Have Been Incorporated by Reference impact, positive or negative, on a required as indicated below, unless already substantial number of small entities done. (f) The inspections, rework and To prevent propeller separation due to hub under the criteria of the Regulatory replacement must be done in accordance fatigue cracking, which can result in loss of with McCauley Propeller Systems Alert Flexibility Act. A final evaluation has control of the airplane, do the following: been prepared for this action and it is Service Bulletin (ASB) No. 221C, dated Inspection and Rework Requirements September 7, 1999. This incorporation by contained in the Rules Docket. A copy reference was approved by the Director of the of it may be obtained by contacting the (a) Inspect propellers, rework or replace Federal Register in accordance with 5 U.S.C. Rules Docket at the location provided with a serviceable propeller, as necessary, and install in accordance with Sections II, III, 552(a) and 1 CFR part 51. Copies may be under the caption ADDRESSES. IV, and V of McCauley Propeller Systems obtained from McCauley Propeller Systems, List of Subjects in 14 CFR Part 39 Alert Service Bulletin (ASB) No. 221C, dated 3535 McCauley Drive, PO Drawer 5053, September 7, 1999, as follows: Vandalia, OH 45377–5053; telephone: 937– Air transportation, Aircraft, Aviation (1) For propellers with 3,000 or more hours 890–5246; fax: 937–890–6001. Copies may be safety, Incorporation by reference, time-in-service (TIS), or unknown TIS, on the inspected at the FAA, New England Region, effective date of this AD, as follows: Office of the Regional Counsel, 12 New Safety. (i) If not already done, perform an initial England Executive Park, Burlington, MA; or Adoption of the Amendment dye penetrant inspection in accordance with Section II of the ASB before further flight. at the Office of the Federal Register, 800 North Capitol Street, NW., suite 700, ■ Accordingly, pursuant to the authority (ii) Thereafter, perform repetitive dye penetrant inspections in accordance with Washington, DC. delegated to me by the Administrator, Section IV of the ASB at intervals not to Effective Date the Federal Aviation Administration exceed 800 hours TIS, or 12 calendar months amends part 39 of the Federal Aviation since last dye penetrant inspection, (g) This amendment becomes effective on Regulations (14 CFR part 39) as follows: whichever occurs first. July 17, 2003.

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Issued in Burlington, Massachusetts, on Transport Airplane Directorate, 1601 approving materials that are June 4, 2003. Lind Avenue, SW., Renton, Washington incorporated by reference. Jay J. Pardee, 98055–4056; telephone (425) 227–2125; Request To Revise Applicability of Manager, Engine and Propeller Directorate, fax (425) 227–1149. Proposed AD Aircraft Certification Service. SUPPLEMENTARY INFORMATION: A [FR Doc. 03–14675 Filed 6–11–03; 8:45 am] proposal to amend part 39 of the Federal One commenter notes that in Change BILLING CODE 4910–13–P Aviation Regulations (14 CFR part 39) to 02 of the service bulletin the effectivity include an airworthiness directive (AD) was revised. Because the applicability of that is applicable to certain EMBRAER the proposed AD excluded certain DEPARTMENT OF TRANSPORTATION Model EMB–135 and –145 series airplanes listed in the original version of airplanes was published in the Federal the service bulletin, the commenter Federal Aviation Administration Register on January 30, 2003 (68 FR requests that the applicability of the 4725). That action proposed to require proposed AD be revised to refer to 14 CFR Part 39 replacing the four Gamah clamp/sleeve Change 02 of the service bulletin. [Docket No. 2002–NM–88–AD; Amendment joints on an engine bleed air duct with The FAA agrees. Certain airplanes 39–13189; AD 2003–12–04] new threaded coupling assemblies. For were removed from the effectivity of the certain airplanes, that action also revised service bulletin. Therefore, the RIN 2120–AA64 proposed to require replacing the two applicability statement of this final rule has been revised accordingly. Airworthiness Directives; Empresa supports for the engine bleed air duct Brasileira de Aeronautica S.A. with two new supports. Conclusion (EMBRAER) Model EMB–135 and –145 Comments After careful review of the available Series Airplanes Interested persons have been afforded data, including the comments noted AGENCY: Federal Aviation an opportunity to participate in the above, the FAA has determined that air Administration, DOT. making of this amendment. Due safety and the public interest require the adoption of the rule with the changes ACTION: Final rule. consideration has been given to the comments received. described previously. The FAA has SUMMARY: This amendment adopts a determined that these changes will Support for the Proposed AD new airworthiness directive (AD), neither increase the economic burden applicable to certain EMBRAER Model One commenter has no objections to on any operator nor increase the scope EMB–135 and –145 series airplanes, that the proposed AD. of the AD. requires replacing the four Gamah Requests To Cite Recent Service Changes to 14 CFR Part 39/Effect on the clamp/sleeve joints on an engine bleed Bulletin Versions AD air duct with new threaded coupling assemblies. For certain airplanes, this The proposed AD cited EMBRAER On July 10, 2002, the FAA issued a AD also requires replacing the two Service Bulletin 145–36–0024, dated new version of 14 CFR part 39 (67 FR supports for the engine bleed air duct May 31, 2001, as the appropriate source 47997, July 22, 2002), which governs the with two new supports. The actions of service information for the proposed FAA’s airworthiness directives system. specified by this AD are intended to requirements. Several commenters The regulation now includes material prevent hot air leaks from the bleed air request that the FAA revise the that relates to altered products, special duct due to disconnection of the duct proposed AD to reflect the most current flight permits, and alternative methods joint, which could result in heat damage revision levels of the service bulletin of compliance. However, for clarity and to components near the duct, and revisions. (Change 01 of the service consistency in this final rule, we have consequent increased risk of fire in the bulletin was issued August 7, 2002, and retained the language of the NPRM rear baggage compartment. This action Change 02 was issued December 13, regarding that material. 2002.) One commenter requests that the is intended to address the identified Cost Impact unsafe condition. proposed AD be revised to also allow future revisions of the service bulletin The FAA estimates that 346 airplanes DATES: Effective July 17, 2003. The for compliance with the AD to avoid the of U.S. registry will be affected by this incorporation by reference of certain need for requests and approvals of AD, that it will take approximately 3 publications listed in the regulations is alternative methods of compliance. work hours per airplane to accomplish approved by the Director of the Federal The FAA partially agrees with the the replacement, and that the average Register as of July 17, 2003. requests. Because the actions in both labor rate is $60 per work hour. ADDRESSES: The service information revisions are essentially the same as Required parts will cost approximately referenced in this AD may be obtained those in the original service bulletin, between $1,978 and $2,007 per airplane. from Empresa Brasileira de Aeronautica paragraph (a) in this final rule has been Based on these figures, the cost impact S.A. (EMBRAER), PO Box 343—CEP revised to cite Change 02 and to provide of the AD on U.S. operators of these 12.225, Sao Jose dos Campos—SP, credit for work accomplished in airplanes is estimated to be between Brazil. This information may be accordance with the original or Change $746,668 and $756,702; or between examined at the Federal Aviation 01 of the service bulletin. However, to $2,158 and $2,187 per airplane. Administration (FAA), Transport use a later revision of the cited service The cost impact figures discussed Airplane Directorate, Rules Docket, bulletin, affected operators must request above are based on assumptions that no 1601 Lind Avenue, SW., Renton, approval of an alternative method of operator has yet accomplished any of Washington; or at the Office of the compliance under the provisions of the requirements of this AD action, and Federal Register, 800 North Capitol paragraph (c) of this final rule. In an AD, that no operator would accomplish Street, NW., suite 700, Washington, DC. use of the phrase ‘‘or later FAA- those actions in the future if this AD FOR FURTHER INFORMATION CONTACT: Dan approved revisions’’ in reference to a were not adopted. The cost impact Rodina, Aerospace Engineer, specific service bulletin violates Office figures discussed in AD rulemaking International Branch, ANM–116, FAA, of the Federal Register regulations for actions represent only the time

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necessary to perform the specific actions Note 1: This AD applies to each airplane Airplane Directorate, FAA. Operators shall actually required by the AD. These identified in the preceding applicability submit their requests through an appropriate figures typically do not include provision, regardless of whether it has been FAA Principal Maintenance Inspector, who incidental costs, such as the time modified, altered, or repaired in the area may add comments and then send it to the subject to the requirements of this AD. For required to gain access and close up, Manager, International Branch, ANM–116. airplanes that have been modified, altered, or Note 2: Information concerning the planning time, or time necessitated by repaired so that the performance of the other administrative actions. existence of approved alternative methods of requirements of this AD is affected, the compliance with this AD, if any, may be Regulatory Impact owner/operator must request approval for an obtained from the International Branch, alternative method of compliance in ANM–116. The regulations adopted herein will accordance with paragraph (c) of this AD. not have a substantial direct effect on The request should include an assessment of Special Flight Permits the States, on the relationship between the effect of the modification, alteration, or (d) Special flight permits may be issued in the national Government and the States, repair on the unsafe condition addressed by accordance with sections 21.197 and 21.199 or on the distribution of power and this AD; and, if the unsafe condition has not of the Federal Aviation Regulations (14 CFR responsibilities among the various been eliminated, the request should include 21.197 and 21.199) to operate the airplane to specific proposed actions to address it. levels of government. Therefore, it is a location where the requirements of this AD determined that this final rule does not Compliance: Required as indicated, unless can be accomplished. have federalism implications under accomplished previously. To prevent hot air leaks from the bleed air Incorporation by Reference Executive Order 13132. duct due to disconnection of the duct joint, For the reasons discussed above, I (e) Unless otherwise specified in this AD, which could result in heat damage to the actions must be done in accordance with certify that this action (1) is not a components near the duct, and consequent EMBRAER Service Bulletin 145–36–0024, ‘‘significant regulatory action’’ under increased risk of fire in the rear baggage Change 02, dated December 13, 2002. This Executive Order 12866; (2) is not a compartment, accomplish the following: incorporation by reference was approved by ‘‘significant rule’’ under DOT Replacement the Director of the Federal Register in Regulatory Policies and Procedures (44 accordance with 5 U.S.C. 552(a) and 1 CFR FR 11034, February 26, 1979); and (3) (a) Within 1,000 flight hours after the part 51. Copies may be obtained from will not have a significant economic effective date of this AD, do the actions Empresa Brasileira de Aeronautica S.A. specified in paragraphs (a)(1) and (a)(2) of (EMBRAER), PO Box 343—CEP 12.225, Sao impact, positive or negative, on a this AD, as applicable, per EMBRAER Service substantial number of small entities Jose dos Campos—SP, Brazil. Copies may be Bulletin 145–36–0024, Change 02, dated inspected at the FAA, Transport Airplane under the criteria of the Regulatory December 13, 2002. Accomplishment of Directorate, 1601 Lind Avenue, SW., Renton, Flexibility Act. A final evaluation has those actions in accordance with EMBRAER Washington; or at the Office of the Federal been prepared for this action and it is Service Bulletin 145–36–0024, dated May 31, Register, 800 North Capitol Street, NW., suite contained in the Rules Docket. A copy 2001; or Change 01, dated August 7, 2002; are 700, Washington, DC. of it may be obtained from the Rules acceptable for compliance with the Note 3: The subject of this AD is addressed Docket at the location provided under requirements of this paragraph. in Brazilian airworthiness directive 2001–09– (1) For all airplanes: Replace the four the caption ADDRESSES. 03, dated October 2, 2001. Gamah clamp/sleeve joints from the bleed List of Subjects in 14 CFR Part 39 line at the baggage compartment between Effective Date frames 68 and 69 with new threaded Air transportation, Aircraft, Aviation coupling assemblies (including re- (f) This amendment becomes effective on safety, Incorporation by reference, identifying, cleaning, and lubricating the July 17, 2003. Safety. bleed ducts; and installing protection Issued in Renton, Washington, on June 4, Adoption of the Amendment sleeves). 2003. (2) For airplanes having serial numbers Kalene C. Yanamura, ■ Accordingly, pursuant to the authority listed in paragraph 3.G. of the Acting Manager, Transport Airplane delegated to me by the Administrator, Accomplishment Instructions of the service Directorate, Aircraft Certification Service. bulletin: Replace the two supports for the the Federal Aviation Administration [FR Doc. 03–14524 Filed 6–11–03; 8:45 am] amends part 39 of the Federal Aviation engine bleed air duct with two new supports, having part number 145–35923–007. BILLING CODE 4910–13–P Regulations (14 CFR part 39) as follows: Parts Installation PART 39—AIRWORTHINESS (b) As of the effective date of this AD, no DEPARTMENT OF TRANSPORTATION DIRECTIVES person shall install parts listed in paragraphs ■ 1. The authority citation for part 39 (b)(1) and (b)(2) of this AD, as applicable. Federal Aviation Administration (1) For all airplanes: Gamah clamp/sleeve continues to read as follows: joints, from the bleed line at the baggage 14 CFR Part 39 Authority: 49 U.S.C. 106(g), 40113, 44701. compartment between frames 68 and 69, having part number G30020CD, G30020TD, § 39.13 [Amended] [Docket No. 2003–NM–01–AD; Amendment G30020C, or G30020T. 39–13188; AD 2003–12–03] ■ 2. Section 39.13 is amended by adding (2) For airplanes having serial numbers the following new airworthiness listed in paragraph 3.G. of the RIN 2120–AA64 directive: Accomplishment Instructions of EMBRAER Service Bulletin 145–36–0024, Change 02, Airworthiness Directives; Israel 2003–12–04—EMPRESA BRASILEIRA DE dated December 13, 2002: Supports for the Aircraft Industries, Ltd., Model 1124 AERONAUTICA S.A. (EMBRAER): Amendment engine bleed air duct, with part number 145– 39–13189. Docket 2002–NM–88–AD. 35923–007. and 1124A Series Airplanes Applicability: Model EMB–135 and –145 Alternative Methods of Compliance AGENCY: Federal Aviation series airplanes, as listed in EMBRAER Service Bulletin 145–36–0024, Change 02, (c) An alternative method of compliance or Administration, DOT. dated December 13, 2002; excluding those adjustment of the compliance time that ACTION: Final rule. airplanes listed in ‘‘In-production effectivity’’ provides an acceptable level of safety may be in paragraph 1.A., ‘‘Effectivity,’’ of the used if approved by the Manager, SUMMARY: This amendment adopts a service bulletin; certificated in any category. International Branch, ANM–116, Transport new airworthiness directive (AD),

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applicable to all Israel Aircraft FAA’s airworthiness directives system. Adoption of the Amendment Industries, Ltd., Model 1124 and 1124A The regulation now includes material ■ Accordingly, pursuant to the authority series airplanes, that requires revising that relates to altered products, special delegated to me by the Administrator, the airplane flight manual to advise the flight permits, and alternative methods the Federal Aviation Administration flightcrew to don oxygen masks as a first of compliance. However, for clarity and amends part 39 of the Federal Aviation and immediate step following a cabin consistency in this final rule, we have Regulations (14 CFR part 39) as follows: altitude alert. This action is necessary to retained the language of the NPRM prevent incapacitation of the flightcrew regarding that material. PART 39—AIRWORTHINESS due to lack of oxygen. This action is Cost Impact DIRECTIVES intended to address the identified unsafe condition. The FAA estimates that 198 airplanes ■ 1. The authority citation for part 39 DATES: Effective July 17, 2003. of U.S. registry will be affected by this continues to read as follows: The incorporation by reference of AD, that it will take approximately 1 Authority: 49 U.S.C. 106(g), 40113, 44701. certain publications listed in the work hour per airplane to accomplish regulations is approved by the Director the required actions, and that the § 39.13 [Amended] of the Federal Register as of July 17, average labor rate is $60 per work hour. ■ 2. Section 39.13 is amended by adding 2003. Based on these figures, the cost impact the following new airworthiness of the AD on U.S. operators is estimated directive: ADDRESSES: The service information to be $11,880, or $60 per airplane. referenced in this AD may be obtained The cost impact figure discussed 2003–12–03 ISRAEL AIRCRAFT INDUSTRIES, from Gulfstream Aerospace Corporation, LTD.: Amendment 39–13188. Docket 2003– above is based on assumptions that no NM–01–AD. PO Box 2206, Mail Station D25, operator has yet accomplished any of Savannah, Georgia 31402. This Applicability: All Model 1124 and 1124A the requirements of this AD action, and series airplanes, certificated in any category. information may be examined at the that no operator would accomplish Federal Aviation Administration (FAA), Compliance: Required as indicated, unless those actions in the future if this AD accomplished previously. Transport Airplane Directorate, Rules were not adopted. The cost impact To prevent incapacitation of the flightcrew Docket, 1601 Lind Avenue, SW., figures discussed in AD rulemaking due to lack of oxygen, accomplish the Renton, Washington; or at the Office of actions represent only the time following: the Federal Register, 800 North Capitol necessary to perform the specific actions Revision to Airplane Flight Manual (AFM) Street, NW., suite 700, Washington, DC. actually required by the AD. These (a) Within 1 month after the effective date FOR FURTHER INFORMATION CONTACT: Tim figures typically do not include Dulin, Aerospace Engineer, of this AD, revise the Emergency Procedures incidental costs, such as the time section of the AFM, as specified in paragraph International Branch, ANM–116, FAA, required to gain access and close up, (a)(1) or (a)(2) of this AD, as applicable. Transport Airplane Directorate, 1601 planning time, or time necessitated by (1) For Model 1124 series airplanes: Insert Lind Avenue, SW., Renton, Washington other administrative actions. Israel Aircraft Industries, Ltd. 1124- 98055–4056; telephone (425) 227–2141; Westwind Temporary Revision 3, dated fax (425) 227–1149. Regulatory Impact January 16, 2001, into the 1124 Westwind SUPPLEMENTARY INFORMATION: A The regulations adopted herein will AFM. proposal to amend part 39 of the Federal not have a substantial direct effect on (2) For Model 1124A series airplanes: Insert Israel Aircraft Industries, Ltd. 1124A- Aviation Regulations (14 CFR part 39) to the States, on the relationship between the national Government and the States, Westwind Temporary Revision 5, dated include an airworthiness directive (AD) January 16, 2001, into the 1124A Westwind that is applicable to all Israel Aircraft or on the distribution of power and AFM. Industries, Ltd., Model 1124 and 1124A responsibilities among the various (b) When the information in the temporary series airplanes was published in the levels of government. Therefore, it is revisions identified in paragraph (a) of this Federal Register on March 25, 2003 (68 determined that this final rule does not AD has been incorporated into the general FR 14353). That action proposed to have federalism implications under revisions of the respective AFM, the general require revising the airplane flight Executive Order 13132. revisions may be incorporated into the manual to advise the flightcrew to don For the reasons discussed above, I AFMs, and these temporary revisions may be removed from the AFM. oxygen masks as a first and immediate certify that this action (1) is not a step following a cabin altitude alert. ‘‘significant regulatory action’’ under Alternative Methods of Compliance Executive Order 12866; (2) is not a Comments (c) An alternative method of compliance or ‘‘significant rule’’ under DOT adjustment of the compliance time that Interested persons have been afforded Regulatory Policies and Procedures (44 provides an acceptable level of safety may be an opportunity to participate in the FR 11034, February 26, 1979); and (3) used if approved by the Manager, making of this amendment. No will not have a significant economic International Branch, ANM–116, Transport comments were submitted in response impact, positive or negative, on a Airplane Directorate, FAA. Operators shall to the proposal or the FAA’s substantial number of small entities submit their requests through an appropriate determination of the cost to the public. under the criteria of the Regulatory FAA Principal Operations Inspector, who Flexibility Act. A final evaluation has may add comments and then send it to the Manager, International Branch, ANM–116. Conclusion been prepared for this action and it is The FAA has determined that air contained in the Rules Docket. A copy Note 1: Information concerning the safety and the public interest require the existence of approved alternative methods of of it may be obtained from the Rules compliance with this AD, if any, may be adoption of the rule as proposed. Docket at the location provided under obtained from the International Branch, the caption ADDRESSES. Changes to 14 CFR Part 39/Effect on the ANM–116. AD List of Subjects in 14 CFR Part 39 Special Flight Permits On July 10, 2002, the FAA issued a Air transportation, Aircraft, Aviation (d) Special flight permits may be issued in new version of 14 CFR part 39 (67 FR safety, Incorporation by reference, accordance with sections 21.197 and 21.199 47997, July 22, 2002), which governs the Safety. of the Federal Aviation Regulations (14 CFR

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21.197 and 21.199) to operate the airplane to follow-on actions. The actions specified proposed AD be changed. Two a location where the requirements of this AD by this AD are intended to prevent an commenters ask that the wording be can be accomplished. uncommanded stabilizer trim due to changed to specify allowing installation Incorporation by Reference simultaneous failure of two static seals of STCMs having S/Ns 006 through 556 (e) The actions shall be done in accordance on one STCM, combined with failure of inclusive, if the part has been reworked with Israel Aircraft Industries, Ltd. 1124- the automatic shutdown function of the and marked with an ‘‘R’’ on the Westwind, Airplane Flight Manual, stabilizer trim system. Such failures nameplate, or if MOOG Aircraft Group Temporary Revision 3, dated January 16, could result in loss of pitch control and Service Bulletin Number 160300–27– 2001; or Israel Aircraft Industries, Ltd. consequent loss of control of the 124 is marked on the modification plate. 1124A-Westwind Temporary Revision 5, airplane. This action is intended to The third commenter asks that the dated January 16, 2001; as applicable. This address the identified unsafe condition. information phrase (modified and incorporation by reference was approved by marked with an ‘‘R’’ suffix) be removed the Director of the Federal Register in DATES: Effective July 17, 2003. The incorporation by reference of certain from paragraph (b) of the proposed AD, accordance with 5 U.S.C. 552(a) and 1 CFR and that ‘‘unless reworked per Part 2 of part 51. Copies may be obtained from publications listed in the regulations is Gulfstream Aerospace Corporation, PO Box approved by the Director of the Federal the Work Instructions of Boeing Service 2206, Mail Station D25, Savannah, Georgia Register as of July 17, 2003. Bulletin 777–27A0047, Revision 2, dated October 11, 2001,’’ be added to 31402. Copies may be inspected at the FAA, ADDRESSES: The service information Transport Airplane Directorate, 1601 Lind referenced in this AD may be obtained paragraph (d) of the proposed AD. The FAA agrees with the commenters Avenue, SW., Renton, Washington; or at the from Boeing Commercial Airplane Office of the Federal Register, 800 North because Part 2 of the Work Instructions Group, P.O. Box 3707, Seattle, Capitol Street, NW., suite 700, Washington, of the referenced service bulletin Washington 98124–2207. This DC. specifies procedures for the installation Note 2: The subject of this AD is addressed information may be examined at the of STCMs that have been reworked and in Israeli airworthiness directive 21–02–07– Federal Aviation Administration (FAA), marked with an ‘‘R’’ on the nameplate, 01, dated July 22, 2002. Transport Airplane Directorate, Rules or that include MOOG Aircraft Group Docket, 1601 Lind Avenue, SW., Effective Date Service Bulletin Number 160300–27– Renton, Washington; or at the Office of 124 on the modification plate. We also (f) This amendment becomes effective on the Federal Register, 800 North Capitol agree to remove the information phrase July 17, 2003. Street, NW., suite 700, Washington, DC. (modified and marked with an ‘‘R’’ Issued in Renton, Washington, on June 4, FOR FURTHER INFORMATION CONTACT: suffix) from paragraph (b) of the final 2003. Kenneth J. Fairhurst, Aerospace rule, because the STCM also can be Ali Bahrami, Engineer, Systems and Equipment marked with the MOOG service bulletin Acting Manager, Transport Airplane Branch, ANM–130S, FAA, Seattle number. Paragraphs (b) and (d) of this Directorate, Aircraft Certification Service. Aircraft Certification Office, 1601 Lind final rule have been changed [FR Doc. 03–14523 Filed 6–11–03; 8:45 am] Avenue, SW., Renton, Washington accordingly. BILLING CODE 4910–13–P 98055–4056; telephone (425) 917–6456; fax (425) 917–6590. Requests To Change STCM Serial Numbers SUPPLEMENTARY INFORMATION: A DEPARTMENT OF TRANSPORTATION proposal to amend part 39 of the Federal Two commenters state that the range Aviation Regulations (14 CFR part 39) to of STCM S/Ns specified in the proposed Federal Aviation Administration include an airworthiness directive (AD) AD section titled ‘‘Explanation of that is applicable to all Boeing Model Relevant Service Information’’ is 14 CFR Part 39 777 series airplanes was published in incorrect and should be changed. The [Docket No. 2002–NM–64–AD; Amendment the Federal Register on August 30, 2002 first commenter states that the S/Ns in 39–13186; AD 2003–12–01] (67 FR 55737). That action proposed to that section should be corrected to require either a one-time inspection or specify 006 through 556 inclusive. The RIN 2120–AA64 a review of the airplane maintenance second commenter states that Part 2 of the Work Instructions of the referenced Airworthiness Directives; Boeing records for both stabilizer trim control service bulletin references S/Ns 006 Model 777 Series Airplanes modules (STCM) of the trim system of the horizontal stabilizer to determine if through 549 inclusive (however, it AGENCY: Federal Aviation STCMs having certain serial numbers actually specifies 006 through 556 Administration, DOT. (S/N) are installed; and follow-on inclusive). The commenter states that S/ ACTION: Final rule. corrective actions, if necessary. That Ns 006 through 556 are the correct S/Ns action also proposed to require eventual and recommends those numbers be SUMMARY: This amendment adopts a replacement of affected STCMs with specified throughout the proposed AD new airworthiness directive (AD), new or reworked STCMs, which would to eliminate any confusion. The applicable to all Boeing Model 777 terminate the follow-on actions. commenter also states that listing series airplanes, that requires either a airplanes having S/Ns 2 through 266 one-time inspection or a review of the Comments and 273, excluding line numbers 256, airplane maintenance records for both Interested persons have been afforded 258, and 260 through 263 inclusive, as stabilizer trim control modules (STCM) an opportunity to participate in the being subject to the actions specified in of the trim system of the horizontal making of this amendment. Due service bulletin, could be stabilizer to determine if STCMs having consideration has been given to the misinterpreted. The commenter certain serial numbers are installed; and comments received. recommends that the S/Ns in the follow-on corrective actions, if applicability of the proposed AD should necessary. This amendment also Requests To Change Paragraphs (b) and match the S/Ns (006 through 556 requires eventual replacement of (d) inclusive) listed in MOOG Aircraft affected STCMs with new or reworked Three commenters ask that certain Group Service Bulletin Number STCMs, which would terminate the wording in paragraphs (b) and (d) of the 160300–27–124.

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Although we acknowledge and agree Request for Editorial Changes on any operator nor increase the scope with both commenters’ remarks on the One commenter suggests that the of the AD. section in the preamble of the proposed following editorial changes should be Cost Impact AD titled ‘‘Explanation of Relevant made to the proposed AD: Service Information,’’ that section is not • There are approximately 404 Change all references from ‘‘the airplanes of the affected design in the restated in this final rule. trim system of the horizontal stabilizer’’ We do not agree with the second worldwide fleet. The FAA estimates that to ‘‘the horizontal stabilizer trim 131 airplanes of U.S. registry will be commenter’s request to add S/Ns to the system.’’ applicability specified in the final rule. • affected by this AD. Discussion section: Add the word It will take approximately 1 work In the section of the proposed AD titled ‘‘airplane’’ right before ‘‘nose-down,’’ ‘‘Differences Between Service hour per airplane to accomplish the add that a single STCM seal failure can inspection/review, at an average labor Information and This Proposed AD,’’ we result in an uncommanded valve motion stated that we have determined that the rate of $60 per work hour. Based on in the airplane nose-down direction, these figures, the cost impact of the proposed AD applies to all Model 777 and add that two static seals in one series airplanes. The reason for this is inspection/review required by this AD STCM combined with failure of the on U.S. operators is estimated to be that the subject STCMs are line- automatic shutdown function could replaceable units and may have been $7,860, or $60 per airplane. result in loss of pitch control and The cost impact figure discussed installed on other airplanes not consequent loss of control of the above is based on assumptions that no included in the effectivity of the airplane. operator has yet accomplished any of referenced service bulletin. Therefore, • Add the date to the reference to the requirements of this AD action, and no change to the final rule is necessary Revision 2 of the service bulletin in the that no operator would accomplish in this regard. last paragraph of the Explanation of those actions in the future if this AD Request To Reduce Compliance Time Relevant Service Information section. were not adopted. The cost impact for Terminating Action We do not agree that these are figures discussed in AD rulemaking substantial changes, nor do they make actions represent only the time Two commenters ask that the any essential change to the unsafe necessary to perform the specific actions compliance time for the terminating condition specified in the proposed AD. actually required by the AD. These action specified in paragraph (b) of the Therefore, no change to the final rule is figures typically do not include proposed AD be reduced from ‘‘Within necessary in this regard. incidental costs, such as the time 2 years after the effective date of this required to gain access and close up, AD’’ to ‘‘Within 1 year after the effective Request for Clarification of Terminating planning time, or time necessitated by date of this AD.’’ The first commenter Action other administrative actions. gives no reason for this request. The One commenter recommends that the Should an operator be required to do second commenter, the STCM wording specified in paragraph (b) of the functional test, it will take component manufacturer, states that the proposed AD be clarified. The approximately 1 work hour per airplane after inspecting 83 percent of STCMs commenter states that there has been to accomplish, at an average labor rate with S/N 006 through 556, the only confusion in the past, since the of $60 per work hour. Based on these requirement on the majority of the directions have been unclear to several figures, the cost impact of the functional components was to stamp either the operators and maintenance personnel in test on U.S. operators is estimated to be identification plate or the modification the field. The commenter reiterates the $60 per airplane, per test cycle. plate for the STCM. The commenter also wording on page 5, Note 2, of MOOG Should an operator be required to do notes that it has accommodated Aircraft Group Service Bulletin Number the replacement, it will take operators in getting their units inspected 160300–27–124, and recommends approximately 3 work hours per and returned within 10 days, and adds adding it to paragraph (b) of the airplane to accomplish, at an average that a 2-year compliance period is not proposed AD to ensure that the STCM labor rate of $60 per work hour. warranted. units that have already been modified Required parts will be provided by the We do not agree to reduce the are not removed from service. vendor at no cost to operators. Based on compliance time to ‘‘Within 1 year after We agree with the commenter and these figures, the cost impact of the the effective date of this AD.’’ In have added a new Note 3 to this final replacement on U.S. operators is developing an appropriate compliance rule, for clarification, which specifies estimated to be $180 per airplane. time for this terminating action, the that STCM assemblies that have been FAA considered not only the degree of reworked and marked per Part 2 of the Regulatory Impact urgency associated with addressing the Work Instructions of Boeing Service The regulations adopted herein will subject unsafe condition, but the Bulletin 777–27A0047, Revision 2, not have a substantial direct effect on practical aspect of doing the terminating dated October 11, 2001, are acceptable the States, on the relationship between action within an interval of time that for compliance with paragraph (b) of the national Government and the States, parallels normal scheduled maintenance this final rule. Subsequent notes have or on the distribution of power and for the majority of affected operators. In been renumbered accordingly. responsibilities among the various addition, we find that the repetitive levels of government. Therefore, it is Conclusion tests required by paragraph (a)(1) of the determined that this final rule does not final rule, along with adequate After careful review of the available have federalism implications under maintenance, will provide an acceptable data, including the comments noted Executive Order 13132. level of safety until the affected STCMs above, the FAA has determined that air For the reasons discussed above, I are replaced. However, operators are safety and the public interest require the certify that this action (1) is not a always permitted to accomplish the adoption of the rule with the changes ‘‘significant regulatory action’’ under actions earlier than the compliance time previously described. The FAA has Executive Order 12866; (2) is not a specified in an AD. No change to the determined that these changes will ‘‘significant rule’’ under DOT final rule is necessary in this regard. neither increase the economic burden Regulatory Policies and Procedures (44

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FR 11034, February 26, 1979); and (3) maintenance records of both STCMs of the Credit for Actions Accomplished Per will not have a significant economic trim system of the horizontal stabilizer to Previous Revisions of Service Bulletin impact, positive or negative, on a determine the serial numbers (S/N), per Part (c) Replacement of affected STCMs before 2 of the Work Instructions of Boeing Service substantial number of small entities the effective date of this AD per Boeing Alert Bulletin 777–27A0047, Revision 2, dated under the criteria of the Regulatory October 11, 2001. If any affected S/N (6 Service Bulletin 777–27A0047, dated Flexibility Act. A final evaluation has through 556 inclusive) is found on either September 21, 2000; or Boeing Service been prepared for this action and it is STCM, within 150 flight hours after doing the Bulletin 777–27A0047, Revision 1, dated contained in the Rules Docket. A copy inspection or review, do the actions specified November 2, 2000; is considered acceptable of it may be obtained from the Rules in either paragraph (a)(1) or (a)(2) of this AD. for compliance with paragraph (b) of this AD. If no affected serial number is found, no Docket at the location provided under Part Installation the caption ADDRESSES. further action is required by this AD. Note 2: For the purposes of this AD, a (d) As of the effective date of this AD, no List of Subjects in 14 CFR Part 39 general visual inspection is defined as: ‘‘A person may install on any airplane a STCM Air transportation, Aircraft, Aviation visual examination of an interior or exterior having S/N 6 through 556 inclusive, unless reworked and marked per Part 2 of the Work safety, Incorporation by reference, area, installation, or assembly to detect obvious damage, failure, or irregularity. This Instructions of Boeing Service Bulletin 777– Safety. level of inspection is made from within 27A0047, Revision 2, dated October 11, 2001. Adoption of the Amendment touching distance unless otherwise specified. A mirror may be necessary to enhance visual Alternative Methods of Compliance ■ Accordingly, pursuant to the authority access to all exposed surfaces in the (e) An alternative method of compliance or delegated to me by the Administrator, inspection area. This level of inspection is adjustment of the compliance time that the Federal Aviation Administration made under normally available lighting provides an acceptable level of safety may be amends part 39 of the Federal Aviation conditions such as daylight, hangar lighting, used if approved by the Manager, Seattle Regulations (14 CFR part 39) as follows: flashlight, or droplight and may require Aircraft Certification Office (ACO). Operators removal or opening of access panels or doors. shall submit their requests through an PART 39—AIRWORTHINESS Stands, ladders, or platforms may be required appropriate FAA Principal Maintenance to gain proximity to the area being checked.’’ DIRECTIVES Inspector, who may add comments and then send it to the Manager, Seattle ACO. ■ 1. The authority citation for part 39 Follow-on Corrective Actions Note 4: Information concerning the continues to read as follows: (1) Do a functional test of the trim system of the horizontal stabilizer per Part 1 of the existence of approved alternative methods of Authority: 49 U.S.C. 106(g), 40113, 44701. Work Instructions of the service bulletin. compliance with this AD, if any, may be obtained from the Seattle ACO. § 39.13 [Amended] (i) If a test condition of PASSED is reported per Part 1.A.1. of the service bulletin, or ■ 2. Section 39.13 is amended by adding considered serviceable per Part 1.A.5.a. of the Special Flight Permits the following new airworthiness service bulletin, repeat the test at intervals (f) Special flight permits may be issued in directive: not to exceed 150 flight hours until the accordance with sections 21.197 and 21.199 terminating action required by paragraph (b) of the Federal Aviation Regulations (14 CFR 2003–12–01—Boeing: Amendment 39–13186. of this AD is done. Docket 2002–NM–64–AD. 21.197 and 21.199) to operate the airplane to (ii) If a test condition of FAILED is a location where the requirements of this AD Applicability: All Model 777 series reported, or if the stabilizer does not move, can be accomplished, provided there has airplanes, certificated in any category. correct the condition as specified in the been no known failure of any STCM during Note 1: This AD applies to each airplane Boeing 777 Airplane Maintenance Manual, any functional test required by paragraph identified in the preceding applicability and repeat the functional test at intervals not provision, regardless of whether it has been to exceed 150 flight hours until the (a)(1) of this AD. modified, altered, or repaired in the area terminating action specified in paragraph (b) Incorporation by Reference subject to the requirements of this AD. For of this AD is done. If failure of either STCM airplanes that have been modified, altered, or is found during the test, before further flight, (g) Unless provided otherwise in this AD, repaired so that the performance of the replace the affected STCM with a new or the actions shall be done in accordance with requirements of this AD is affected, the reworked STCM as required by paragraph (b) Boeing Service Bulletin 777–27A0047, owner/operator must request approval for an of this AD. Revision 2, dated October 11, 2001. This alternative method of compliance in (2) Replace any affected STCM with a new incorporation by reference was approved by accordance with paragraph (e) of this AD. or reworked STCM as required by paragraph the Director of the Federal Register in The request should include an assessment of (b) of this AD. accordance with 5 U.S.C. 552(a) and 1 CFR the effect of the modification, alteration, or Terminating Action part 51. Copies may be obtained from Boeing repair on the unsafe condition addressed by Commercial Airplane Group, P.O. Box 3707, this AD; and, if the unsafe condition has not (b) Except as provided by paragraphs Seattle, Washington 98124–2207. Copies may been eliminated, the request should include (a)(1)(ii) and (a)(2) of this AD: Within 2 years be inspected at the FAA, Transport Airplane after the effective date of this AD, replace any specific proposed actions to address it. Directorate, 1601 Lind Avenue, SW., Renton, STCM having an affected serial number Compliance: Required as indicated, unless Washington; or at the Office of the Federal accomplished previously. identified in paragraph (a) of this AD with a new or reworked STCM per Part 2 of the Register, 800 North Capitol Street, NW., suite To prevent an uncommanded stabilizer 700, Washington, DC. trim due to simultaneous failure of two static Work Instructions of Boeing Service Bulletin seals on one stabilizer trim control module 777–27A0047, Revision 2, dated October 11, Effective Date (STCM), combined with failure of the 2001. Such replacement ends the repetitive functional tests required by paragraph (a)(1) (h) This amendment becomes effective on automatic shutdown function of the stabilizer July 17, 2003. trim system, which could result in loss of of this AD. pitch control and consequent loss of control Note 3: STCM assemblies having an Issued in Renton, Washington, on June 4, of the airplane, accomplish the following: affected serial number, as identified in 2003. paragraph (a) of this AD, that have been Ali Bahrami, One-Time Inspection/Review of Maintenance reworked and marked per Part 2 of the Work Acting Manager, Transport Airplane Records Instructions of Boeing Service Bulletin 777– Directorate, Aircraft Certification Service. (a) Within 30 days after the effective date 27A0047, Revision 2, dated October 11, 2001, of this AD: Do either a one-time general are acceptable for compliance with paragraph [FR Doc. 03–14521 Filed 6–11–03; 8:45 am] visual inspection or a review of the airplane (b) of this AD. BILLING CODE 4910–13–P

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DEPARTMENT OF TRANSPORTATION Comments ‘‘significant regulatory action’’ under Interested persons have been afforded Executive Order 12866; (2) is not a Federal Aviation Administration an opportunity to participate in the ‘‘significant rule’’ under DOT making of this amendment. No Regulatory Policies and Procedures (44 14 CFR Part 39 comments were submitted in response FR 11034, February 26, 1979); and (3) [Docket No. 2002–NM–162–AD; Amendment to the proposal or the FAA’s will not have a significant economic 39–13187; AD 2003–12–02] determination of the cost to the public. impact, positive or negative, on a substantial number of small entities RIN 2120–AA64 Conclusion under the criteria of the Regulatory The FAA has determined that air Flexibility Act. A final evaluation has Airworthiness Directives; BAE safety and the public interest require the been prepared for this action and it is Systems (Operations) Limited Model adoption of the rule as proposed. contained in the Rules Docket. A copy ATP Airplanes of it may be obtained from the Rules Changes to 14 CFR Part 39/Effect on the Docket at the location provided under AGENCY: Federal Aviation AD Administration, DOT. the caption ADDRESSES. On July 10, 2002, the FAA issued a ACTION: Final rule. new version of 14 CFR part 39 (67 FR List of Subjects in 14 CFR Part 39 SUMMARY: This amendment adopts a 47997, July 22, 2002), which governs the Air transportation, Aircraft, Aviation new airworthiness directive (AD), FAA’s airworthiness directives system. safety, Incorporation by reference, applicable to all BAE Systems The regulation now includes material Safety. that relates to altered products, special (Operations) Limited Model ATP Adoption of the Amendment airplanes, that requires installing a flight permits, and alternative methods ■ baulking device for the pintle pin in the of compliance. However, for clarity and Accordingly, pursuant to the authority nose landing gear (NLG). This action is consistency in this final rule, we have delegated to me by the Administrator, necessary to prevent failure of the NLG retained the language of the NPRM the Federal Aviation Administration due to an unlocked pintle pin migrating regarding that material. amends part 39 of the Federal Aviation from its support housings, and Cost Impact Regulations (14 CFR part 39) as follows: consequent jamming or collapse of the The FAA estimates that 3 airplanes of PART 39—AIRWORTHINESS NLG. This action is intended to address U.S. registry will be affected by this AD, DIRECTIVES the identified unsafe condition. that it will take approximately 20 work ■ DATES: Effective July 17, 2003. hours per airplane to accomplish the 1. The authority citation for part 39 The incorporation by reference of required installation, and that the continues to read as follows: certain publications listed in the average labor rate is $60 per work hour. Authority: 49 U.S.C. 106(g), 40113, 44701. regulations is approved by the Director Required parts will cost approximately § 39.13 [Amended] of the Federal Register as of July 17, $900 per airplane. Based on these 2003. figures, the cost impact of the AD on ■ 2. Section 39.13 is amended by adding ADDRESSES: The service information U.S. operators is estimated to be $6,300, the following new airworthiness referenced in this AD may be obtained or $2,100 per airplane. directive: from British Aerospace Regional The cost impact figure discussed 2003–12–02 BAE Systems (Operations) Aircraft American Support, 13850 above is based on assumptions that no Limited (Formerly British Aerospace Mclearen Road, Herndon, Virginia operator has yet accomplished any of Regional Aircraft): Amendment 39– 20171. This information may be the requirements of this AD action, and 13187. Docket 2002–NM–162–AD. examined at the Federal Aviation that no operator would accomplish Applicability: All Model ATP airplanes, Administration (FAA), Transport those actions in the future if this AD certificated in any category. were not adopted. The cost impact Compliance: Required as indicated, unless Airplane Directorate, Rules Docket, accomplished previously. 1601 Lind Avenue, SW., Renton, figures discussed in AD rulemaking actions represent only the time Note 1: This AD applies to each airplane Washington; or at the Office of the identified in the preceding applicability Federal Register, 800 North Capitol necessary to perform the specific actions actually required by the AD. These provision, regardless of whether it has been Street, NW., suite 700, Washington, DC. modified, altered, or repaired in the area figures typically do not include FOR FURTHER INFORMATION CONTACT: subject to the requirements of this AD. For incidental costs, such as the time Todd Thompson, Aerospace Engineer, airplanes that have been modified, altered, or required to gain access and close up, International Branch, ANM–116, FAA, repaired so that the performance of the planning time, or time necessitated by Transport Airplane Directorate, 1601 requirements of this AD is affected, the other administrative actions. owner/operator must request approval for an Lind Avenue, SW., Renton, Washington alternative method of compliance in 98055–4056; telephone (425) 227–1175; Regulatory Impact accordance with paragraph (b) of this AD. fax (425) 227–1149. The regulations adopted herein will The request should include an assessment of SUPPLEMENTARY INFORMATION: A not have a substantial direct effect on the effect of the installation, alteration, or proposal to amend part 39 of the Federal the States, on the relationship between repair on the unsafe condition addressed by Aviation Regulations (14 CFR part 39) to the national government and the States, this AD; and, if the unsafe condition has not include an airworthiness directive (AD) been eliminated, the request should include or on the distribution of power and specific proposed actions to address it. that is applicable to all BAE Systems responsibilities among the various (Operations) Limited Model ATP Compliance: Required as indicated, unless levels of government. Therefore, it is accomplished previously. airplanes was published in the Federal determined that this final rule does not To prevent failure of the nose landing gear Register on March 17, 2003 (68 FR have federalism implications under (NLG) due to an unlocked pintle pin 12614). That action proposed to require Executive Order 13132. migrating from its support housings, and installing a baulking device for the For the reasons discussed above, I consequent jamming or collapse of the NLG, pintle pin in the nose landing gear. certify that this action (1) is not a accomplish the following:

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Installation DEPARTMENT OF THE INTERIOR U.S.C. 1159(c)(2)), ‘‘the terms ‘Indian (a) Within 3 years after the effective date product’ and ’product of a particular of this AD, install a baulking device for the Indian Arts and Crafts Board Indian tribe or Indian arts and crafts pintle pin in the NLG by accomplishing the organization’ have the meaning given actions specified in the Accomplishment 25 CFR Part 309 such term in regulations which may be Instructions of BAE Systems (Operations) RIN 1076–AE16 promulgated by the Secretary of the Limited Service Bulletin ATP–32–105, dated Interior.’’ April 9, 2002. The actions must be done per Protection of Products of Indian Art Under the Secretary’s implementing the service bulletin. and Craftsmanship regulations for the 1990 Act, at 25 CFR part 309, prior to these amendments, the Alternative Methods of Compliance AGENCY: Indian Arts and Crafts Board term ‘‘Indian product’’ was defined as: (b) An alternative method of compliance or (IACB), Department of the Interior. ‘‘(1) In general. ‘‘Indian product’’ adjustment of the compliance time that ACTION: Final rule. means any art or craft product made by provides an acceptable level of safety may be an Indian. used if approved by the Manager, SUMMARY: This rule implements the ‘‘(2) Illustrations. The term Indian International Branch, ANM–116, Transport Indian Arts and Crafts Enforcement Act product includes, but is not limited to: Airplane Directorate, FAA. Operators shall of 2000, an amendment to the Indian ‘‘(i) Art works that are in a traditional submit their requests through an appropriate Arts and Crafts Act of 1990. The rule or non-traditional Indian style or FAA Principal Maintenance Inspector, who provides guidance to persons who medium; may add comments and then send it to the produce, market, or purchase arts and ‘‘(ii) Crafts that are in a traditional or Manager, International Branch, ANM–116. crafts marketed as Indian products. The non-traditional Indian style or medium; Note 2: Information concerning the rule clarifies the regulatory definition of ‘‘(iii) Handcrafts, i.e. objects created existence of approved alternative methods of ‘‘Indian product,’’ as defined under the with the help of only such devices as compliance with this AD, if any, may be Indian Arts and Crafts Act of 1990, by allow the manual skill of the maker to obtained from the International Branch, including specific examples of ‘‘Indian condition the shape and design of each ANM–116. product,’’ as well as examples of what individual product. is not an ‘‘Indian product.’’ Special Flight Permits ‘‘(3) Exclusion for products made EFFECTIVE DATE: September 10, 2003. before 1935. The provisions of this part (c) Special flight permits may be issued in FOR FURTHER INFORMATION CONTACT: shall not apply to any art or craft accordance with sections 21.197 and 21.199 Meridith Z. Stanton, Director, Indian products made before 1935.’’ of the Federal Aviation Regulations (14 CFR Arts and Crafts Board, Room 4004–MIB, This definition reflects the IACB’s 21.197 and 21.199) to operate the airplane to 1849 C Street, NW., Washington, DC a location where the requirements of this AD determination that ‘‘Indian product’’ 20240, telephone 202–208–3773 (not a can be accomplished. under the 1990 Act applies to Indian toll-free call), fax 202–208–5196, or e- arts and crafts, and not all products Incorporation by Reference mail [email protected]. generally. This determination is (d) The actions shall be done in accordance SUPPLEMENTARY INFORMATION: consistent with the IACB’s organic with BAE Systems (Operations) Limited legislation enacted in 1935, the IACB’s Background Service Bulletin ATP–32–105, dated April 9, primary mission as established by 2002. This incorporation by reference was The Indian Arts and Crafts Board Congress, and the Congressional intent approved by the Director of the Federal (IACB) was created by Congress of the 1990 Act. The 1935 cut-off date Register in accordance with 5 U.S.C. 552(a) pursuant to the Act of August 27, 1935 for products regulated by the 1990 Act and 1 CFR part 51. Copies may be obtained (49 Stat. 891; 25 U.S.C. 305 et seq.; 18 is in keeping with the Congressional from British Aerospace Regional Aircraft U.S.C. 1158–59) (‘‘1935 Act’’). The IACB intent of the 1990 Act and the legislated American Support, 13850 Mclearen Road, is responsible for carrying out the mission of the IACB—economic growth Herndon, Virginia 20171. Copies may be Indian Arts and Crafts Act of 1990, through the development and inspected at the FAA, Transport Airplane promoting the development of promotion of contemporary Indian arts Directorate, 1601 Lind Avenue, SW., Renton, American Indian and Alaska Native arts and crafts. Washington; or at the Office of the Federal and crafts, improving the economic The ‘‘Indian product’’ definition Register, 800 North Capitol Street, NW., suite status of members of federally under the 1990 Act’s implementing 700, Washington, DC. recognized Tribes, and helping to regulations, at 25 CFR part 309, focused Note 3: The subject of this AD is addressed establish and expand marketing on the nature and Indian origin of in British airworthiness directive 004–04– opportunities for arts and crafts products covered by the 1990 Act, and 2002. produced by American Indians and did not provide specific arts and crafts Alaska Natives. examples. The Indian Arts and Crafts Effective Date The Indian Arts and Crafts Act of Enforcement Act of 2000, (hereinafter (e) This amendment becomes effective on 1990, Public Law 101–644, 104 Stat. the ‘‘2000 Act’’), an amendment to the July 17, 2003. 4662 (hereinafter the ‘‘1990 Act’’) is 1990 Act, was enacted on November 9, Issued in Renton, Washington, on June 4, essentially a truth-in-marketing law 2000. Under this amendment, Congress 2003. designed to prevent, through both civil sought to strengthen the cause of action and criminal sanctions, marketing of for misrepresentation of Indian arts and Ali Bahrami, products in a manner that falsely crafts. Section 2 of the 2000 Act directed Acting Manager, Transport Airplane suggests such products are produced by the IACB to ‘‘promulgate regulations to Directorate, Aircraft Certification Service. Indians when the products are not, in include in the definition of the term [FR Doc. 03–14522 Filed 6–11–03; 8:45 am] fact, made by an Indian as defined by ’Indian product’ specific examples of BILLING CODE 4910–13–P the 1990 Act. As used herein, such product to provide guidance to ‘‘marketing’’ occurs when a person Indian artisans as well as to purveyors offers or displays for sale or sells a good. and consumers of Indian arts and crafts, Under section 104(a) of the 1990 Act (18 as defined under this Act.’’

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This final rule carries out the 2000 further clarify that the labor component CFR 309.4, requires that the individual Act by clarifying the definition of of the Indian art or craft product must be of the Indian lineage of one or more ‘‘Indian product.’’ It also provides be entirely Indian. members of that Tribe. As a result, it is specific examples of items that may be not necessary to adopt this comment. Overall Comments marketed as Indian products and those Furthermore, neither the 1990 Act nor that may not, thereby informing the Definition of ‘‘Indian’’ the 2000 Act prohibit any statements public as to when an individual may be One respondent requested that a about a person’s Indian heritage in the subject to civil or criminal penalties for working definition of ‘‘Indian’’ be marketing of his or her art or craft work falsely marketing a good as an ‘‘Indian developed to assist in the definition of that are truthful and that do not falsely product.’’ ‘‘Indian product,’’ while another suggest the individual is a member of an Indian Tribe, as defined by the 1990 Public Participation respondent questioned whether State- Act. Prior to drafting regulations for the recognized Tribes met the definition of 2000 Act, in early January, 2001, the ‘‘Indian.’’ One comment proposed that, Materials Used To Make Indian Arts and IACB sent out individual letters to the under the ‘‘Background’’ section’s Crafts Tribal leaders of all federally recognized definition of ‘‘Indian product,’’ the One respondent expressed concerns Tribes informing them of the 2000 Act terms ‘‘American Indian or Alaska regarding the use and representation of and providing them with copies of the Native’’ be substituted for ‘‘Indian.’’ stabilized turquoise in Indian jewelry, legislation. The letters invited the Tribal Another respondent requested that the as well as the need for information leaders to designate a member of their definition of Indian be expanded to regarding the 1990 Act to reach markets staff or Tribal member from their arts permit people of Indian descent, yet and businesses violating the 1990 Act. and crafts community with whom the who are not enrolled in State or Issues regarding the use and IACB could discuss their Tribe’s interest federally recognized Tribes, to sell their representation of stabilized turquoise in in specific language for consideration in work as Indian art. Indian jewelry are beyond the scope of the further clarification of ‘‘Indian The final rule has not adopted these the 1990 Act, which focuses on Indian product.’’ This Tribal involvement was comments. The term ‘‘Indian’’ and the labor, not on art and craft base intended to ensure that the amended interrelated term ‘‘Indian Tribe’’ are materials. While the IACB welcomes definition properly encompasses Indian defined by Congress by statute in the any suggestions to improve its efforts to art and craft products that should be 1990 Act and may not be changed by educate the industry and public about protected by the 1990 Act. regulation. As defined by the 1990 Act, the 1990 Act, as well as any information Following written and telephone however, the terms ‘‘Indian’’ and regarding potential violations of the communications and subsequent ‘‘Indian Tribe’’ already include, for 1990 Act, these comments have not teleconference consultations with purposes of sections 104, 105, and 107 been adopted in the final rule as they do designated representatives from a broad of the 1990 Act, members of State- not address the 2000 Act’s statutory range of interested Tribes, the IACB recognized Tribes and Alaska Natives, mandate to further clarify the definition published the proposed rulemaking for as well as members of federally of ‘‘Indian product.’’ the 2000 Act on May 21, 2001. 66 Fed. recognized Tribes. One respondent recommended that Reg. 27915–27920. In addition to Sections 104 and 105 of the 1990 Act the Lanham Act language, 15 U.S.C. publication, several thousand copies of define ‘‘Indian’’ and ‘‘Indian Tribe’’ as 1125(a), which addresses strict liability the proposed rulemaking were follows: for misleading words and markings, be distributed to interested parties, ‘‘The term ‘Indian’ means any adopted to further clarify what kind of including every federally recognized individual who is a member of an conduct the IACB will interpret as Tribe, members of the Indian arts and Indian tribe, or for the purposes of ‘‘falsely suggests’’ that products are crafts industry, key offices within the this section is certified as an Indian Indian for purposes of civil action. Department of Justice, including U.S. artisan by an Indian tribe;’’ Another comment requested that the Attorneys and the Federal Bureau of ‘‘The term ‘Indian tribe’ means— statutory language ‘‘In a manner that Investigation, State Governors, State ‘‘Any Indian tribe, band, nation, Alaska ‘falsely suggests’ it is Indian produced,’’ Attorneys General, and State Arts Native village, or other organized 18 U.S.C. 1159(a), be changed to ‘‘In a Councils. group or community which is manner that ‘falsely states’ it is Indian The IACB received 25 public recognized as eligible for the special produced,’’ to narrow the gap in the comments on the proposed rulemaking, programs and services provided by proof of criminal intent. Another and each was carefully reviewed, the United States to Indians because respondent recommended that the term analyzed, and considered. These of their status as Indians; or ‘‘falsely suggests’’ be used consistently comments are grouped in the following ‘‘Any Indian group that has been throughout the regulations, rather than summary. formally recognized as an Indian tribe the word ‘‘misrepresented’’ to avoid by a State legislature or by a State confusion. Summary and Analysis of Public commission or similar organization The final rule has not incorporated Comments legislatively vested with State tribal the first comment recommending A broad range of Tribal, federal, State, recognition authority.’’ adoption of the Lanham Act’s strict and Indian arts and crafts industry In response to the comment regarding liability language to clarify conduct that comments were received in response to the sale of art by individuals who are ‘‘falsely suggests’’ an art or craft is an the proposed rulemaking for the 2000 not members of federally or State- Indian product or the second comment Act. The respondents provided a variety recognized Tribes, but are of Indian regarding a change in statutory of comments, including concern for the descent, it should be noted that such language. Both of these protection of Indian artists and artisans’ individuals may market their goods as recommendations are beyond the scope economic livelihood, suggestions for an Indian, provided they are certified as of IACB’s Congressional mandate under changes to the proposed product an ‘‘Indian artisan’’ by an Indian Tribe. the 2000 Act to promulgate regulations categories, product items, and Certification is at the option of the to further clarify the definition of Indian descriptions, as well as requests to Tribe. Certification by a Tribe, under 25 product. However, the third

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recommendation regarding consistent Indian cultural symbols, patterns, and Exclusions, § 309.2(d)(2)(v) use of ‘‘falsely suggests’’ has been designs used in traditional Indian One respondent requested adopted to mirror the use of these terms weavings under the definition of clarification regarding the use of the in the 1990 Act. ‘‘Indian product’’ to protect against term ‘‘without a ‘substantial handcraft Section-by-Section Comments imported products that appropriate element’ provided by Indian labor’’ Indian cultural symbols. under § 309.2(d)(2)(v), to describe a Section 309.2 What Are the Key Under the 1990 Act, the IACB product in the style of Indian arts and Definitions for Purposes of the Act? oversees the receipt, analysis, and crafts that does not meet the definition Definition of ‘‘Indian Product,’’ referral of complaints of art and craft of Indian product. The respondent § 309.2(d) work offered or displayed for sale or viewed this definition in conflict with In light of comments to §§ 309.6 and sold within the United States in a the definition of ‘handcrafts’ made by an 309.7, the final rule contains additional manner that falsely suggests it is Indian Indian’’ under § 309.2(d)(1)(iii), ‘‘objects clarification that ‘‘made by an Indian’’ produced, an Indian product, or the created with the help of such devices as includes products in which the Indian product of a particular Indian or Indian allow the manual skill * * *’’ For has provided the labor necessary to Tribe, or Indian arts and crafts clarification, the term ‘‘substantial implement an artistic design through a organization resident within the United transformation’’ has been substituted for substantial transformation of materials States. While the IACB acknowledges ‘‘substantial handcraft element’’ under to produce the art or craft work. The the significant concerns cited by the § 309.2(d)(2)(v). labor component of the product must be respondent, the protection of Indian Exclusions, § 309.2(d)(2)(vi) cultural symbols, patterns, and designs, entirely Indian and is what makes the One comment requested that Indian art or craft object an ‘‘Indian and related cultural property of an § 309.2(d)(2)(vi), excluding industrial product.’’ Indian Tribe, clan, or moiety is a matter products from the definition of Indian One comment requested that the of cultural patrimony and beyond the products, be removed from the final requirement in § 309.7(h) note 2—that scope of the 1990 Act, unless rule. This request has not been adopted the labor component of an ‘‘Indian misrepresentation is involved. because it is inconsistent with the scope product’’ must be entirely Indian—be Therefore, the final rule has not and intent of the 1990 Act. stated boldly in a prominent location at incorporated this request. Of course, if the beginning of the final rule to the art or craft work depicting the Exclusions, § 309.2(d)(2)(vii) emphasize its paramount importance. Indian cultural symbols is marketed in One respondent requested that This comment has been adopted and the United States in a manner that § 309.2(d)(2)(vii) regarding assembly incorporated in the key definitions of falsely suggests that it is the product of line production of a product in the style Indian product under § 309.2(d). a particular Tribe or as Indian made, of Indian arts and crafts be further Several respondents requested that a then a violation of the 1990 Act would clarified. It was suggested the example range of items, such as food and occur. provided as ‘‘not an Indian product,’’ a agricultural products, music, poetry, pipe in the style of an Indian product, and stories, be included as examples of Illustration of ‘‘Handcrafts,’’ be changed to another example that Indian products. Two of these § 309.2(d)(1)(iii) focused more on the requirement of respondents also requested that ‘‘Indian Two respondents requested that, entirely Indian labor for Indian product’’ be defined in the broadest way under § 309.2(d)(1)(iii), the terms products. While the previous example possible. One respondent stated that ‘‘Indian handmade arts and crafts’’ be remains valid, the final rule has adopted ‘‘Indian product’’ includes any substituted for ‘handcrafts’ made by an the respondent’s recommended ‘‘typically Indian product’’ designed Indian.’’ This request has not been language to eliminate potential and produced by Indians. One adopted as it does not improve the confusion. respondent requested that ‘‘Indian understanding of § 309.2(d)(1). product’’ be defined as any product Section 309.6 When Does a Commercial Product Become an Indian made by an Indian, while another Exclusions From Definition of Indian Product? respondent requested that the definition Product, § 309.2(d)(2)(iii) of ‘‘Indian product’’ be narrowed. One commenter requested that The final rule has not adopted these Two comments expressed concern beadwork on commercially available comments. As explained in the that, under § 309.2(d)(2)(iii), bronze items, such as medicine bottles and ‘‘Section-by-Section Comments— castings reproduced from an original combs, not be considered authentic Definition of Indian Product, § 309.2’’ of Indian stone sculpture in a commercial ‘‘Indian products.’’ The subject of the preamble to the 1990 Act’s foundry by non-Indians would be transforming commercial products into regulations, the ‘‘Supplementary prohibited from being sold as an Indian Indian art or craft products is addressed Information; Background’’ for the 2000 product. The respondents requested in §§ 309.6, 309.7, and 309.14. By Act’s Notice of Proposed Rulemaking, clarification regarding limited editions adding sufficient art and craft work to and the Background section of this of original Indian art works. The final a commercial product through Indian document, the IACB has determined rule has not incorporated these labor, the qualities and appearance of that the 1990 and 2000 Acts apply to comments. Under the regulations, a the commercial product can be Indian arts and crafts and not all product in the style of Indian arts and substantially transformed into an art or products generally. This determination crafts that is designed by an Indian but craft work. Therefore, this request has is based upon the IACB’s 1935 organic produced by non-Indian labor is not an not been adopted in the final rule. legislation, IACB’s primary mission as Indian product under the 1990 Act. The One respondent expressed concern established by Congress, and the original stone sculpture is an Indian that the provisions provided under language and Congressional intent of the product. The limited edition bronze § 309.6 exhibited a lack of support for 1990 and 2000 Acts. casting by non-Indian labor is a non- non-traditional art forms. To the One respondent requested that the Indian reproduction of an original contrary, the proposed rulemaking and final rule add sacred and traditional Indian stone sculpture. the final rule state, in § 302.2(d)(1)(ii),

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that the key definitions of Indian and designed by an Indian. We believe, essentially those products that are product include ‘‘crafts made by an however, that § 309.6 makes it clear that simply assembled from ‘‘fit together Indian that are in a traditional or non- when an item is ‘‘substantially parts’’ kits and related products. For traditional style or medium.’’ transformed’’ by Indian artistic or craft example, assembled jewelry that Furthermore, § 309.22 clarifies that the work labor, it becomes an Indian requires non-artistic Indian labor, such definition of Indian product includes product. Design or conception by an as stringing overseas mass-produced ‘‘art forms to be developed in the Indian alone is insufficient to constitute fetishes or heshi and attaching a clasp, future.’’ The final rule therefore has not substantial transformation. The Indian is not an Indian product. Conversely, for incorporated this comment regarding labor must substantially transform the example, Indian artistically-crafted non-traditional art forms. materials, such as beads, precious beadwork products, regardless of where One respondent requested metals, and other base materials, into an the beads were manufactured and the clarification about when a commercial Indian product. Thus, even commercial amount of non-Indian materials, such as product becomes an Indian product. For products featuring Indian arts and crafts beaded medallion necklaces, pouches, example, if an Indian artisan were to use embellishments done by Indian labor and hair clips, as well as gold engraved industrial steel, bottles, and cans in a that sufficiently transform the nature, bracelets, and silver and turquoise sculpture, at what point does it change qualities, and appearance of the original crafted rings, do not fall under the from an industrial or commercial commercial item are considered ‘‘Indian ‘‘assembled’’ category of § 309.7(e) and product into an Indian product? The products.’’ The final rule has not are Indian products. final rule clarifies that once commercial incorporated the comment. items, such as cups and bottles, kitchen The respondent’s requests for utensils, or marble components, are Section 309.7(d) Indian Designed and clarification have been adopted in the substantially transformed entirely by Non-Indian Made Products final rule. Section 309.7(e) has been Indian labor into an art or craft object, One commenter requested that an revised to read ‘‘A product, such as such as a sculpture, the result is an Indian designed and non-Indian made jewelry, made with non-artistic Indian Indian product. product, and therefore not an Indian labor, from assembled or ‘fit together One comment requested clarification product, be sold as ‘‘not an Indian parts,’ does not meet the definition of between the definition of commercial product,’’ without the option to market Indian product.’’ and industrial products. This comment it as ‘‘Indian designed.’’ This comment One comment recommended that has been adopted in part by adding has not been adopted in the final rule § 309.7(e) note 1 eliminate the term explanatory language to § 309.6 of the because dictating how products that are final rule. The rule now states that not Indian products may be marketed is ‘‘Indian assembled’’ as a marketing commercial products are goods outside the scope of this rule. Also, we guideline and replace it with the phrase designed for profit and mass will retain the suggestion to market ‘‘not an Indian product.’’ The comment distribution that lend themselves to items as ‘‘Indian designed’’ because we has not been adopted in the final rule. Indian embellishment, for example believe that providing suggested The product addressed in § 309.7(e) clothing and accessories. For purposes alternatives to marketing products as note 1 is not an Indian product under of the final rule, industrial products, on Indian products will enhance the 1990 Act, but it may be marketed as the other hand, are goods that have an compliance with the rule. ‘‘Indian assembled’’ without violating the 1990 Act. Thus, rather than exclusively functional purpose, do not Section 309.7(e) A Product Assembled serve as a traditional artistic medium, attempting to dictate affirmative From a Substantial Amount of Non- marketing representations for the and that do not lend themselves to Indian Made Materials Indian embellishment, such as manner in which such a product should appliances and vehicles. An industrial Several respondents requested be marketed, the final rule only product may not become an Indian clarification regarding guidelines for provides an example of how it may be product. This comment has been characterizing art and craft work when marketed. (The 1990 Act only prohibits adopted in part by adding descriptive those products were made from a falsely suggesting that a product is an language to § 309.6 of the final rule. substantial amount of non-Indian made Indian product. It does not affect the products, such as beads, gold, silver, marketing of non-Indian products.) Section 309.7 How Should a Seller and purchased basketry materials. One respondent requested that Disclose the Nature and Degree of Although §§ 309.11 through 309.22 ‘‘kachina’’ be removed, under § 309.7(e) Indian Labor When Selling, Offering, or address a vast range of ‘‘Indian note 1, and another product be Displaying Art or Craft Work for Sale? products,’’ including beadwork, gold substituted as an example of kit and silver jewelry and crafts, basketry, A comment requested that the terms assembled products. The intent of this and textile products, the respondents ‘‘Indian style,’’ ‘‘Indian design,’’ ‘‘Indian request was to prevent the generic use point out that § 309.7(e) could create inspired,’’ and ‘‘Indian assembled’’ be of a religious and culturally sensitive removed from § 309.7 and throughout confusion. A wide variety of Indian arts and item in the rulemaking. This request has the final rule to avoid confusion among been adopted by removing the kachina consumers and to avoid substantial crafts products may be made from non- Indian made materials, such as beads, example and inserting ‘‘dream catcher’’ interpretive problems. The final rule under § 309.7(e) note 1. makes various revisions to § 309.7(d), precious metals, and other base which incorporate the comments in materials, provided that Indian artistic Section 309.7(f) A Product Assembled part. creation and labor—as opposed to by Non-Indian Labor From Kits assembly line work—substantially Section 309.7(a) Indian Production of transforms these materials into Indian In keeping with the request for further an Indian Product products. For example, a piece of silver clarification to § 309.7(f), the guidelines Two respondents expressed concern artistically designed, shaped, and finely state that a product assembled by non- that § 309.7 may lead people to believe engraved by an Indian becomes a Indian labor from a kit, that is made in that in order for an Indian product to be handcrafted Indian bracelet. By contrast, the style of an Indian product, is not an marketed as such, it must be conceived the type of products under § 309.7(e) are Indian product.

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Section 309.8 Identifying Authentic comment, and a previously addressed One comment requested that Indian Products comment, ‘‘Indian inspired’’ has been traditional ceremonial Indian structures A respondent asked that an struck from the last sentence of § 309.9, be included under § 309.17. The final individual’s enrollment number be as well as the entire text of the final rule has not adopted this request. While incorporated in the recommended rule, to reduce or alleviate consumer what constitutes an Indian art or craft method of identifying authentic Indian confusion. product is potentially very broad, the range of examples of woodwork products, under § 309.8. The final rule Section 309.11 What Are Examples of products currently listed under § 309.17 has incorporated this recommendation. Jewelry That Are Indian Products? The addition of an Indian artist’s or is sufficient. One respondent suggested adding artisan’s enrollment number under the Section 309.21 What Are Examples of seashells and abalone as descriptive recommended methods of identifying Dolls and Toys That Are Indian jewelry examples under § 309.11. These authentic Indian products, along with Products? the name of the artist or artisan and the two examples have not been adopted, as A respondent requested that kachina name of his or her Tribe, will assist shell jewelry is listed under Indian dolls be removed from § 309.21, listing consumers in identifying authentic jewelry products. examples of dolls, and moved to Indian products, contribute to consumer Section 309.12 What Are Examples of § 309.20, listing examples of carvings. confidence, and help raise consumer Basketry That Are Indian Products? This request has been adopted. appreciation of authentic Indian arts and crafts. One respondent suggested a variety of Section 309.22 What Are Examples of descriptive terms be added to this Painting and Other Fine Art Forms That Sections 309.8 and 309.9 Marketing section on basketry, including cedar Are Indian Products? Products by ‘‘Certified Indian Artisans’’ capes and dresses. A number of the A respondent requested that § 309.8, recommended descriptive terms have One respondent requested a new regarding identifying authentic Indian been adopted in § 309.12 of the final section, § 309.23, be added to the final products, include reference to how a rule. rule to give ‘‘art forms to be developed in the future’’ its own section, rather ‘‘certified Indian artisan’’ should Sections 309.12 and 309.13 What Are identify his or her art work. The than included in § 309.22. The request Examples of Basketry, Weaving, and has not been adopted, as a separate respondent also requested that § 309.9, Textile Indian Products? regarding how non-Indians can market category for work yet to be defined is products in the style of Indian arts and One comment requested that all unwarranted. The current categories of crafts, take the ‘‘certified Indian artisan’’ references to hemp be removed from the art and craft work are sufficiently broad issue into consideration. The request to final rule, which occurred under to reflect evolution of art forms. address how a ‘‘certified Indian artisan’’ §§ 309.12 and 309.13. In line with Section 309.23 Does This Part Apply should identify his or her art work has federal law (the Controlled Substances to Products Made Before 1935? been adopted in the text of § 309.8. The Act, 21 U.S.C. 801 et seq.) the final rule On comment suggested adding a new request to include the ‘‘certified Indian has adopted this request by substituting § 309.23 for other Indian products, such artisan’’ issue under § 309.9, regarding fiber for hemp under §§ 309.12 and as pouches, animal fetishes, and pipes, non-Indian products, has not been 309.13. and moving § 309.23 on pre-1935 adopted. The 1990 Act’s definition of Section 309.15 What Are Examples of products to § 309.24. The final rule has ‘‘Indian,’’ under Sections 104 and 105, Apparel That Are Indian Products? not adopted this suggestion as the other includes any individual certified as an Indian products are sufficiently covered Indian artisan by an Indian Tribe. As the One respondent requested that in §§ 309.11–309.22. art and craft work of certified Indian wording be added under § 309.15 to artisans meet the definition of Indian include the specific reference to apparel Drafting Information product, it would be inappropriate to items made from both traditional materials and designs and from modern This final rule was prepared by include their art and craft work under Meridith Z. Stanton (Director, Indian non-Indian products. textiles. The final rules have not adopted this comment. The key Arts and Crafts Board). Section 309.9 Is it Illegal for a Non- definitions of Indian product, under Compliance With Other Laws and Indian to Make and Sell Indian Style Art § 309.2, describe art works and crafts as Directives and Craft Products? ‘‘made by an Indian that are in a 1. Regulatory Planning and Review Two respondents recommended that traditional or non-traditional style or (Executive Order 12866) the heading of § 309.9 be changed to the medium.’’ Therefore, it is understood format of the related sections. The final that traditional and modern apparel, as This document is not a significant rule has adopted one of the two well as other traditional and modern art rule and is not subject to review by the recommendations. The former heading and craft works, are included in the Office of Management and Budget under for § 309.9, ‘‘Is it illegal . . .,’’ is range of Indian products provided as Executive Order 12866. replaced with the current heading examples. (1) This rule will not have an effect of ‘‘When can non-Indians make and sell $100 million or more on the economy. Section 309.17 What Are Examples of products in the style of Indian art and It will not adversely affect in a material Woodwork That Are Indian Products? craft products?’’ way the economy, productivity, One respondent commented that, One comment requested additional competition, jobs, the environment, under § 309.9, products in the style of descriptive terms be incorporated under public health, or safety, or State, local, Indian art and craft products that are not § 309.17, including red and yellow or tribal governments or communities. Indian made should be offered for sale cedar seagoing canoe paddles and broad The rule is simply a Congressionally as ‘‘non-Indian made’’ only, and not leaf maple ladles, spoons, and soup mandated further clarification of an ‘‘Indian inspired.’’ The request has been bowls. This request has been adopted in existing regulatory definition of ‘‘Indian adopted in part. In response to this part. product.’’

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(2) This rule will not create a serious Indian arts and crafts produced Authority: 18 U.S.C. 1159; 25 U.S.C. 305 et inconsistency or otherwise interfere overseas. seq. with an action taken or planned by 4. Unfunded Mandates Reform Act ■ 2. In § 309.2, paragraph (d) is revised another agency. The rule, the further to read as follows: clarification of an existing regulatory This rule does not impose an definition of ‘‘Indian product,’’ does not unfunded mandate on State, local, or § 309.2 What are the key definitions for involve another agency. tribal governments or the private sector purposes of the Act? (3) This rule does not alter the of more than $100 million per year. The * * * * * budgetary effects of entitlements, grants, rule does not have a significant or (d) Indian product—(1) In general. user fees, or loan programs or the rights unique effect on State, local, or tribal The term ‘‘Indian product’’ means any or obligations of their recipients. This governments or the private sector. It art or craft product made by an Indian. rule does not involve any budgetary or simply clarifies an existing regulatory For this purpose, the term ‘‘made by an entitlements issues. definition of ‘‘Indian product.’’ A Indian’’ means that an Indian has (4) This rule does not raise novel legal statement containing the information provided the artistic or craft work labor or policy issues. Again, it is simply the required by the Unfunded Mandates necessary to implement an artistic further clarification of an existing Reform Act (2 U.S.C. 1531 et seq.) is not design through a substantial regulatory definition of ‘‘Indian required. transformation of materials to produce product.’’ 5. Takings (Executive Order 12630) the art or craft work. This may include more than one Indian working together. 2. Regulatory Flexibility Act In accordance with Executive Order The labor component of the product, The Department of the Interior 12630, the rule does not have significant however, must be entirely Indian for the certifies that this document will not takings implications. This rule does not Indian art or craft object to be an have a significant economic effect on a involve government action or ‘‘Indian product.’’ substantial number of small entities interference with Constitutionally (2) Illustrations. The term ‘‘Indian under the Regulatory Flexibility Act (5 protected rights. product’’ includes, but is not limited to: U.S.C. 601 et seq.) A number of 6. Federalism (Executive Order 12612) (i) Art made by an Indian that is in a traditional or non-traditional style or individuals, small businesses, and tribal In accordance with Executive Order governments may be affected in some medium; 12612, the rule does not have sufficient (ii) Craft work made by an Indian that way. As this rule simply clarifies an federalism implications to warrant the existing regulatory definition, however, is in a traditional or non-traditional preparation of a Federalism Assessment. style or medium; it will not have a significant economic This rule does not affect the relationship effect on any of these small entities, (iii) Handcraft made by an Indian, i.e. between State and federal governments. an object created with the help of only either through increasing compliance A Federalism Assessment is not costs or otherwise. such devices as allow the manual skill required. of the maker to condition the shape and 3. Small Business Regulatory 7. Civil Justice Reform (Executive Order design of each individual product. Enforcement Fairness Act (SBREFA) 12988) (3) Examples of non-qualifying This rule is not a major rule under 5 products. An ‘‘Indian product’’ under In accordance with Executive Order the Act does not include any of the U.S.C. 804(2), the Small Business 12988, the Office of the Solicitor has Regulatory Enforcement Fairness Act. following, for example: determined that this rule does not (i) A product in the style of an Indian This rule: unduly burden the judicial system and art or craft product made by non-Indian (a) Does not have an annual effect on meets the requirements of sections 3(a) labor; the economy of $100 million or more. and 3(b)(2) of the Order. (ii) A product in the style of an Indian The annual effect is insignificant. 8. Paperwork Reduction Act art or craft product that is designed by (b) Will not cause a major increase in an Indian but produced by non-Indian costs or prices for consumers, This regulation does not require an labor; individual industries, Federal, State, or information collection from 10 or more (iii) A product in the style of an local government agencies, or parties and a submission under the Indian art or craft product that is geographic regions. Clarification of the Paperwork Reduction Act is not assembled from a kit; term ‘‘Indian product’’ and guidance on required. An OMB form 83–I is not (iv) A product in the style of an how to represent Indian products in the required. Indian art or craft product originating marketplace will not cause any 9. National Environmental Policy Act from a commercial product, without significant increase in the costs or prices substantial transformation provided by for consumers, individual industries, This rule does not constitute a major Indian artistic or craft work labor; Federal, State, or local government Federal action significantly affecting the (v) Industrial products, which for this agencies, or geographic regions. quality of the human environment. purpose are defined as goods that have (c) Does not have significant adverse List of Subjects in 25 CFR 309 an exclusively functional purpose, do effects on competition, employment, not serve as a traditional artistic Indians—arts and crafts, Penalities, investment, productivity, innovation, or medium, and that do not lend Trademarks. the ability of the U.S.-based enterprises themselves to Indian embellishment, ■ to compete with foreign-based For the reasons set out in the preamble, such as appliances and vehicles. An enterprises. Through the clarification of part 309 of 25 CFR Chapter II is amended industrial product may not become an the term ‘‘Indian product,’’ the ability of as follows: Indian product. U.S.-based enterprises to compete with PART 309—PROTECTION OF INDIAN (vi) A product in the style of an foreign-based enterprises will not be ARTS AND CRAFTS PRODUCTS Indian art or craft product that is significantly affected. In fact, it should produced in an assembly line or related assist U.S. Indian arts and crafts ■ 1. The authority citation for part 309 production line process using multiple producers to compete with counterfeit continues to read as follows: workers not all whom are Indians. For

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example, if twenty people make up the work to those objects must be sufficient § 309.7 How should a seller disclose the labor to create the product(s), and one to substantially transform the qualities nature and degree of Indian labor when person is not Indian, the product is not and appearance of the original selling, offering, or displaying art and craft an ‘‘Indian product.’’ commercial item. ‘‘Commercial work for sale? * * * * * products,’’ under this part, are The Indian Arts and Crafts Act is a consumer goods designed for profit and truth-in-marketing law. Those who §§ 309.3–309.6 [Redesignated as mass distribution that lend themselves §§ 309.24–309.27] produce and market art and craft work to Indian embellishment, for example should honestly represent and clarify ■ clothing and accessories. Through 3. Sections 309.3 through 309.6 are the degree of Indian involvement in the substantial transformation due to Indian redesignated as §§ 309.24 through 309.27 production of the art and craft work labor, a product changes from a ■ 4. Sections 309.6 through 309.23 are when it is sold, displayed or offered for added to read as follows: commercial product to an Indian product. Examples of formerly sale. The following guidelines illustrate § 309.6 When does a commercial product commercial products that become the way in which art and craft work may become an Indian product? Indian products include tennis shoes to be characterized for marketing purposes In addressing Indian embellishments which an Indian applies beadwork and and gives examples of products that to originally commercial products, the denim jackets to which an Indian may be marketed as Indian products. Indian labor expended to add art or craft applies ribbon applique´s.

If . . . then . . .

(a) An Indian conceives, designs, and makes the art or craft work ...... it is an ‘‘Indian product.’’ (b) An Indian produces a product that is ‘‘handcrafted,’’ as explained in it can be marketed as such and it meets the definition of ‘‘Indian prod- 309.3(d)(iii). uct.’’ (c) An Indian makes an art or craft work using some machine made it is ‘‘Indian made’’ and meets the definition of ‘‘Indian product.’’ parts. (d) An Indian designs a product, such as a bracelet, which is then pro- it does not meet the definition of ‘‘Indian product’’ under the Act. duced by non-Indians. (e) A product, such as jewelry, is made with non-artistic Indian labor, it does not meet the definition of ‘‘Indian product’’ under the Act.1 from assembled or ‘‘fit together parts’’. (f) A product in the style of an Indian product is assembled by non-In- it does not meet the definition of ‘‘Indian product’’ under the Act. dian labor from a kit. (g) A product is in the style of an Indian art or craft product, but not it does not meet the definition of ‘‘Indian product’’ under the Act. made by an Indian. (h) An Indian and a non-Indian jointly undertake the art or craft work to less than all of the labor is Indian and hence it does not meet the defi- produce an art or craft product, for example a concho belt. nition of ‘‘Indian product’’ under the Act.2 1 For example, a necklace strung with overseas manufactured fetishes or heshi. If an Indian assembled the necklace, in keeping with the truth- in-marketing focus of the Act, it can be marketed as ‘‘Indian assembled.’’ It does not meet the definition of ‘‘Indian product’’ under the Act. Simi- larly, if a product, such as a dream catcher is assembled by an Indian from a kit, it can be marketed as ‘‘Indian assembled.’’ It does not meet the definition of ‘‘Indian product’’ under the Act. 2 In order to be an ‘‘Indian product,’’ the labor component of the product must be entirely Indian. In keeping with this truth-in-marketing law, a collaborative work should be marketed as such. Therefore, it should be marketed as produced by ‘‘X’’ (name of artist or artisan), ‘‘Y’’ (Tribe of in- dividual’s enrollment) or (name of Tribe providing official written certification the individual is a non-member Indian artisan and date upon which such certification was issued by the Tribe), and ‘‘Z’’ (name of artist or artisan with no Tribe listed) to avoid providing false suggestions to consumers.

§ 309.8 For marketing purposes, what is of an Indian Tribe or by a certifying consumers that the products have been the recommended method of identifying body delegated this function by the made by an Indian. authentic Indian products? governing body of the Indian Tribe. § 309.10 What are some sample categories (a) The recommended method of (b) For example, the Indian product and examples of Indian products? marketing authentic Indian products is should include a label, hangtag, What constitutes an Indian product is to include the name of the artist or provenance card, or similar potentially very broad. However, to artisan, the name of the Tribe in which identification that includes W (name of provide guidance to persons who the artist or artisan is enrolled, and the the artist or artisan), and X (name of the produce, market, or purchase items individual’s Tribal enrollment number. Tribe in which the individual is marketed as Indian products, §§ 309.11 If the individual is a certified non- enrolled) and Y (individual’s Tribal through 309.22 contain a sample listing member Indian artisan, rather than an enrollment number), or a statement that of ‘‘specific examples’’ of objects that enrolled Tribal member, the product the individual is a certified non-member meet the definition of Indian products. identification should include the name Indian artisan of Z (name of the Tribe There is some repetition, due to the of the Tribe providing official written providing certification and the date interrelated nature of many Indian certification that the individual is a non- upon which the certification was issued products when made by Indian artistic member Indian artisan and the date by the Tribe). labor. The lists in these sections contain upon which such certification was examples and are not intended to be all- issued by the Tribe. In order for an § 309.9 When can non-Indians make and inclusive. Additionally, although the individual to be certified by an Indian sell products in the style of Indian arts and crafts? Indian Arts and Crafts Act of 1990 and Tribe as a non-member Indian artisan, the Indian Arts and Crafts Enforcement the individual must be of Indian lineage A non-Indian can make and sell Act of 2000 do not address materials of one or more members of such Indian products in the style of Indian art or used in Indian products, some materials Tribe and the certification must be craft products only if the non-Indian or are included for their descriptive nature issued in writing by the governing body other seller does not falsely suggest to only. This is not intended to restrict

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materials used or to exclude materials table runners, star quilts, pictorial § 309.17 What are examples of woodwork not listed. applique´ wall hangings, fiber woven that are Indian products? bags, embroidered dance shawls, rabbit (a) Woodwork items made by an § 309.11 What are examples of jewelry that Indian, including, but not limited to, are Indian products? skin blankets, and feather blankets. sculpture, drums, furniture, containers, (a) Jewelry and related accessories § 309.14 What are examples of beadwork, hats, and masks, are Indian products. made by an Indian using a wide variety quillwork, and moose hair tufting that are (b) Specific examples include, but are of media, including, but not limited to, Indian products? not limited to: hand drums, totem poles, silver, gold, turquoise, coral, lapis, jet, (a) Beadwork, quillwork, and moose animal figurines, folk carvings, nickel silver, glass bead, copper, wood, kachinas, embellished long house posts, shell, walrus ivory, whale baleen, bone, hair tufting made by an Indian to decorate a wide variety of materials, clan house carved doors, chairs, relief horn, horsehair, quill, seed, and berry, panels, bentwood boxes, snow goggles, are Indian products. including, but not limited to, bottles, baskets, bags, pouches, and other red and yellow cedar seagoing canoe (b) Specific examples include, but are paddles, hunting hats, spirit masks, not limited to: ivory and baleen containers; belts, buckles, jewelry, hatbands, hair clips, barrettes, bolos, bows and arrows, atlatls, redwood dug scrimshaw bracelets, abalone shell out canoes, war clubs, flutes, dance necklaces, nickel silver scissortail and other accessories; moccasins, vests, jackets, and other articles of clothing; sticks, talking sticks, shaman staffs, pendants, silver sand cast bracelets, cradles, decoys, spiral pipe stems, silver overlay bolos, turquoise channel and dolls and other toys and violins, Native American Church boxes, inlay gold rings, cut glass bead rosette collectibles, are Indian products. and maple ladles, spoons, and soup earrings, wooden horse stick pins, and (b) Specific examples include, but are bowls. medicine wheel quilled medallions. not limited to: quilled pipe stems, loom beaded belts, pictorial bags adorned § 309.18 What are examples of hide, § 309.12 What are examples of basketry leatherwork, and fur that are Indian that are Indian products? with cut glass beads, deer skin products? moccasins decorated with moose hair (a) Basketry and related weavings (a) Hide, leatherwork, and fur made or made by an Indian using a wide variety tufting, beaded miniature dolls, and quilled and beaded amulets. significantly decorated by an Indian, of media, including, but not limited to, including, but not limited to, parfleches, birchbark, black ash, brown ash, red § 309.15 What are examples of apparel that tipis, horse trappings and tack, pouches, cedar, yellow cedar, alder, vine maple, are Indian products? bags, and hide paintings, are Indian willow, palmetto, honeysuckle, river products. cane, oak, buck brush, sumac, dogwood, (a) Apparel made or substantially (b) Specific examples include, but are cattail, reed, raffia, horsehair, pine decorated by an Indian, including, but not limited to: narrative painted hides, needle, spruce root, rye grass, sweet not limited to, parkas, jackets, coats, martingales, saddles, bonnet cases, grass, yucca, bear grass, beach grass, moccasins, boots, slippers, mukluks, drapes, quirts, forelocks, rosettes, horse rabbit brush, fiber, maidenhair fern, mittens, gloves, gauntlets, dresses, and masks, bridles, head stalls, cinches, whale baleen, seal gut, feathers, shell, shirts, are Indian products. saddle bags, side drops, harnesses, arm devil’s claw, and porcupine quill, are (b) Specific examples include, but are bands, belts, and other hand crafted Indian products. not limited to: seal skin parkas, ribbon items with studs and tooling. (b) Specific examples include, but are applique´ dance shawls, smoked moose not limited to: double weave river cane § 309.19 What are examples of pottery and baskets, yucca winnowing trays, willow hide slippers, deer skin boots, ceramics that are Indian products? patchwork jackets, calico ribbon shirts, burden baskets, honeysuckle sewing (a) Pottery, ceramics, and related arts wing dresses, and buckskin shirts. baskets, black ash picnic baskets, cedar and crafts items made or significantly capes and dresses, pine needle/raffia § 309.16 What are examples of regalia that decorated by an Indian, including, but effigy baskets, oak splint and braided are Indian products? not limited to, a broad spectrum of clays sweet grass fancy baskets, birchbark and ceramic material, are Indian containers, baleen baskets, rye grass (a) Regalia are ceremonial clothing, products. dance fans, brown ash strawberry modern items with a traditional theme, (b) Specific examples include, but are baskets, sumac wedding baskets, cedar and accessories with historical not limited to: ollas, pitch vessels, hats, fiber basket hats, yucca wicker significance made or significantly pipes, raku bowls, pitchers, canteens, basketry plaques, and spruce root decorated by an Indian, including, but effigy pots, wedding vases, micaceous tobacco pouches. not limited to, that worn to perform bean pots, seed pots, masks, incised traditional dances, participate in bowls, blackware plates, redware bowls, § 309.13 What are examples of other traditional socials, used for dance polychrome vases, and storytellers and weaving and textiles that are Indian competitions, and worn on special products? other figures. occasions of tribal significance. If these (a) Weavings and textiles made by an items are made or significantly § 309.20 What are examples of sculpture, carving, and pipes that are Indian Indian using a wide variety of media, decorated by an Indian, they are Indian including, but not limited to, cornhusk, products? products. raffia, tule, horsehair, cotton, wool, (a) Sculpture, carving, and pipes fiber, linen, rabbit skin, feather, bison (b) Specific examples include, but are made by an Indian, including, but not fur, and qiviut (musk ox) wool, are not limited to: hide leggings, buckskin limited to, wood, soapstone, alabaster, Indian products. dresses, breech cloths, dance shawls, pipestone, argillite, turquoise, ivory, (b) Specific examples include, but are frontlets, shell dresses, button blankets, baleen, bone, antler, and shell, are not limited to: corn husk bags, twined feather bustles, porcupine roaches, Indian products. yarn bags, cotton mantas, willow cradle beaded pipe bags, nickel silver stamped (b) Specific examples include, but are boards, horsehair hatbands, Chiefs armbands, quilled breast plates, coup not limited to: kachina dolls, fetishes, Blankets, Two Grey Hills rugs, horse sticks, horse sticks, shields, animal figurines, pipestone pipes, blankets, finger woven sashes, brocade headdresses, dance fans, and rattles. moose antler combs, argillite bowls,

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ivory cribbage boards, whalebone DATES: The Charter will be filed on June with cranes and derricks; owners of masks, elk horn purses, and clamshell 27, 2003. electric power distribution lines; civil, gorgets. FOR FURTHER INFORMATION CONTACT: structural and architectural engineering Michael Buchet, Office of Construction firms and engineering consultants § 309.21 What are examples of dolls and involved with the use of cranes and toys that are Indian products? Standards and Guidance, Occupational Safety and Health Administration, U.S. derricks in construction; training Dolls, toys, and related items made by Department of Labor, Room N–3468, organizations; crane and derrick an Indian, including, but not limited to, 200 Constitution Avenue, NW., operator testing organizations; insurance no face dolls, corn husk dolls, Washington, DC 20210; Telephone: and safety organizations, and public patchwork and palmetto dolls, reindeer (202) 693–2345. interest groups; trade associations; horn dolls, lacrosse sticks, stick game government entities involved with articles, gambling sticks, gaming dice, SUPPLEMENTARY INFORMATION: In accordance with the Federal Advisory construction safety and with miniature cradle boards, and yo-yos, are construction operations involving Indian products. Committee Act (5 U.S.C. App. I), the Occupational Safety and Health Act (29 cranes and derricks, and other § 309.22 What are examples of painting U.S.C. 651 et seq.) and the Negotiated companies, organizations, and trade and other fine art forms that are Indian Rulemaking Act of 1990, (5 U.S.C. 561 associations whose interests are affected products? et seq.) and after consultation with the by an occupational safety standard Painting and other fine art forms General Services Administration (GSA), governing worker safety for crane and made by an Indian including but, not the Secretary of Labor has determined derrick work in construction. Also, the limited to, works on canvas, that the establishment of the Crane and Agency is a member of this committee. photography, sand painting, mural, Derrick Negotiated Rulemaking The Committee will report to the computer generated art, graphic art, Advisory Committee is in the public Assistant Secretary for Occupational video art work, printmaking, drawing, interest in connection with the Safety and Health in compliance with bronze casting, glasswork, and art forms performance of duties imposed on the the applicable provisions of the FACA to be developed in the future, are Indian Department by the Occupational Safety and the NRA. Its Charter will be filed products. and Health Act. under the FACA fifteen (15) days from The Committee will function as a part the date of this publication. § 309.23 Does this part apply to products OSHA published a Federal Register made before 1935? of the Department’s rulemaking on revising safety standards for cranes and Notice requesting comments on the The provisions of this part do not derricks in construction. It will attempt, advisability of establishing this apply to any art or craft products made using face-to-face negotiations, to reach Negotiated Rulemaking Committee (67 before 1935. consensus on the coverage and the FR 46612, July 16, 2002). Virtually all Dated: March 26, 2003. substance of these rules, which can be commenters agreed with the need to Lynn Scarlett, used as the basis of a Notice of Proposed establish this committee. Assistant Secretary—Policy, Management, Rulemaking. The Committee is Authority: This document was prepared and Budget. responsible for identifying the key under the direction of Elaine L. Chao, [FR Doc. 03–14827 Filed 6–11–03; 8:45 am] issues, gauging their importance, Secretary of Labor, U.S. Department of Labor, BILLING CODE 4310–84–P analyzing the information necessary to 200 Constitution Avenue, NW., Washington, resolve the issues, attempting to arrive DC 20210, pursuant to section 6 and 7 of the Occupational Safety and Health Act (29 at a consensus, and submitting to the U.S.C. 655 and 656); the Negotiated DEPARTMENT OF LABOR Secretary of Labor proposed regulatory Rulemaking Act of 1990 (5 U.S.C. 561 et text for an occupational safety standard seq.); the Federal Advisory Committee Act (5 Occupational Safety and Health governing worker safety for crane and U.S.C. Appendix 1); 41 FR parts 101–6 and Administration derrick work in construction. 102–3 and 29 CFR part 1911. Meetings shall be held as necessary, Signed at Washington, DC, this 6th day of 29 CFR Part 1926 however, no fewer than eight meetings June 2003. [Docket No. S–030] shall be held over a two-year period. Elaine L. Chao, The Committee will terminate two years Secretary of Labor. RIN 1218–AC01 from the date of this charter or upon the publication of a proposed crane and [FR Doc. 03–14856 Filed 6–11–03; 8:45 am] Safety Standards for Cranes and derricks in construction rule, whichever BILLING CODE 4510–26–U Derricks is earlier. AGENCY: Occupational Safety and Health The committee will be composed of Administration (OSHA), Department of no more than 25 members and a DEPARTMENT OF HOMELAND Labor. facilitator, appointed by the Secretary of SECURITY Labor. Members may represent the ACTION: Notice of Establishment of Coast Guard Negotiated Rulemaking Advisory following interests in appropriate Committee. balance: Crane and derrick manufacturers, suppliers, and 33 CFR Part 165 SUMMARY: The Occupational Safety and distributors; companies that repair and [CGD05–02–099] Health Administration (OSHA) is maintain cranes and derricks; crane and announcing its decision to establish a derrick leasing companies; owners of RIN 1625–AA11 (Formerly RIN 2115–AE84) Crane and Derrick Negotiated cranes and derricks; construction Rulemaking Advisory Committee under companies that use leased cranes and Regulated Navigation Area in Hampton the Negotiated Rulemaking Act (NRA), derricks; general contractors; labor Roads, VA the Occupational Safety and Health Act organizations representing construction AGENCY: Coast Guard, DHS. (OSH Act) and the Federal Advisory employees who operate cranes and ACTION: Final rule. Committee Act (FACA). derricks and who work in conjunction

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SUMMARY: The Coast Guard is revising We have issued a notice of proposed of terrorist attack to the transportation the Regulated Navigation Area in rulemaking; withdrawal (68 FR 34370) community in the United States. The Hampton Roads, Virginia, by imposing which was published on June 9, 2003, ongoing hostilities in Afghanistan and vessel reporting requirements and speed for a duplicate notice of proposed Iraq have made it prudent for U.S. ports limit restrictions in certain areas of the rulemaking entitled ‘‘Regulated and waterways to be on a higher state port. These measures are necessary Navigation Area in Hampton Roads, of alert because the al Qaeda because of the unique physical VA’’ (68 FR 27948) which was organization and other similar characteristics and resources contained published on May 22, 2003. The May organizations have declared an ongoing in the port. These regulations will 22, 2003, notice of proposed rulemaking intention to conduct armed attacks on enhance the safety and security of was inadvertently published after the U.S. interests worldwide. vessels and property in the Hampton initial April 29, 2003, publication of a Due to increased awareness that Roads port complex while minimizing, substantially similar notice of proposed future terrorist attacks are possible, the to the extent possible, the impact on rulemaking entitled ‘‘Regulated Coast Guard as lead Federal agency for commerce and legitimate waterway use. Navigation Area in Hampton Roads, maritime homeland security, has DATES: This rule is effective June 15, VA’’ (68 FR 22648). The Coast Guard determined that the District Commander 2003. has only withdrawn the May 22, 2003, must have the means to be aware of, deter, detect, intercept, and respond to ADDRESSES: Comments and material notice of rulemaking. The April 29, asymmetric threats, acts of aggression, received from the public, as well as 2003, notice of proposed rulemaking is and attacks by terrorists on the documents indicated in this preamble as the basis of this rule. American homeland while still being available in the docket, are part of Background and Purpose maintaining our freedoms and docket CGD05–02–099 and are available sustaining the flow of commerce. A for inspection or copying at Marine History Regulated Navigation Area is a tool Safety Division, Fifth Coast Guard Terrorist attacks on September 11, available to the Coast Guard that may be District, 431 Crawford Street, 2001, inflicted catastrophic human used to control vessel traffic by Portsmouth, Virginia 23704, between casualties and property damage. These specifying times of vessel entry, 9 a.m. and 3 p.m., Monday through attacks highlighted the terrorists’ ability movement, or departure to, from, Friday, except Federal holidays. and desire to utilize multiple means in within, or through ports, harbors, or FOR FURTHER INFORMATION CONTACT: different geographic areas to increase other waters. Lieutenant Lewis Fisher, Jr., Marine their opportunities to successfully carry On October 24, 2001, we published a Safety Division, Fifth Coast Guard out their mission, thereby maximizing temporary final rule entitled, District, (757) 398–6387, between 9 a.m. destruction using multiple terrorist acts. ‘‘Regulated Navigation Area; and 3 p.m., Monday through Friday, Since the September 11, 2001, Chesapeake Bay Entrance and Hampton except Federal holidays. terrorist attacks on the World Trade Roads, VA and Adjacent Waters,’’ in the SUPPLEMENTARY INFORMATION: Center in New York, the Pentagon in Federal Register (66 FR 53712). The Arlington, Virginia and Flight 93, the temporary final rule required that all Regulatory Information Federal Bureau of Investigation (FBI) vessels of 300 gross tons or greater On April 29, 2003, we published a has issued several warnings concerning reduce speed to eight knots in the notice of proposed rulemaking (NPRM) the potential for additional terrorist vicinity of Naval Station Norfolk, in entitled Regulated Navigation Area in attacks within the United States. The order to improve security measures and Hampton Roads, VA in the Federal threat of maritime attacks is real as reduce the potential threat to Naval Register (68 FR 22648). We received evidenced by the October 2002 attack on Station Norfolk security that may be three letters commenting on the a tank vessel off the coast of Yemen and posed by these vessels. In June 2002, proposed rule. No public hearings were the prior attack on the USS COLE. These this temporary final rule was extended requested, and none were held. attacks manifest a continuing threat to in the Federal Register (67 FR 41337). Under 5 U.S.C. 553(d)(3), the Coast U.S. assets as described in the On December 22, 2002, we republished Guard finds that good cause exists for President’s finding in Executive Order this temporary final rule in the Federal making this rule effective less than 30 13273 of August 21, 2002 (67 FR 56215, Register (68 FR 2201). days after publication in the Federal September 3, 2002), that the security of On December 27, 2001, we published Register. This rule will make permanent the U.S. is endangered by the September a temporary final rule entitled, the two temporary final rules (68 FR 11, 2001, attacks and that such ‘‘Regulated Navigation Area; 2201 and 68 FR 2884) discussed below. disturbances continue to endanger the Chesapeake Bay Entrance and Hampton The temporary final rules will expire on international relations of the United Roads, VA and Adjacent Waters,’’ in the June 15, 2003. During the effective States. See also Continuation of the Federal Register (66 FR 66753). The period of these temporary final rules, National Emergency with Respect to temporary rule expanded the geographic dating back to October and December of Certain Terrorist Attacks, (67 FR 58317, definitions of the Hampton Roads 2001 respectfully, we have received no September 13, 2002); Continuation of Regulated Navigation Area to include comments concerning the proposed the National Emergency With Respect to the waters of the 12 nautical mile changes to the Regulated Navigation Persons Who Commit, Threaten To territorial sea off the Coast of Virginia Area in Hampton Roads, VA. This final Commit, or Support Terrorism, (67 FR and added new port security measures. rule is necessary to ensure the 59447, September 20, 2002). The U.S. The port security measures require that continued safety and security of vessels Maritime Administration (MARAD) in vessels in excess of 300 gross tons, operating within the Port of Hampton Advisory 02–07 advised U.S. shipping including tug and barge combinations in Roads, VA. There have been recent interests to maintain a heightened state excess of 300 gross tons combined, reports, all a matter of public record that of alert against possible terrorist attacks. check-in with the Captain of the Port or indicate a continuing high risk of MARAD more recently issued Advisory his representative at least 30 minutes terrorist activity in the United States. 03–05 informing operators of maritime prior to entry to obtain permission to Delay in implementing this rule, would interests of increased threat possibilities transit the Regulated Navigation Area. therefore be contrary to public interest. to vessels and facilities and a higher risk The vessel may enter the Regulated

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Navigation Area upon authorization and would be passing within 12 nautical apply to passenger ferries, recognizing approval by the Captain of the Port or miles. This is the intent of the rule. To that there are currently no passenger his representative. A vessel that receives increase maritime domain awareness, ferries over 300 gross tons that make permission to enter the Regulated the Coast Guard desires that all vessels routine stops within the Regulated Navigation Area remains subject to a over 300 gross tons contact the Joint Navigation Area. It is possible that a Coast Guard port security boarding. Harbor Operations Center so that their passenger ferry over 300 gross tons Thirty (30) minutes prior to getting intent of transit may be ascertained. could operate within the Regulated underway, vessels departing or moving This increases the Coast Guard’s ability Navigation Area, and the Coast Guard within the Regulated Navigation Area to detect potential security risks to the would expect compliance with the must contact the Captain of the Port or port as early as possible. regulation. Operators of ferries over 300 his representative via VHF-FM channel The second comment stated that the gross tons that anticipate conducting 13 or 16, call (757) 444–5209/5210 or requirement for vessels over 300 gross passenger operations within the (757) 668–5555 for the Captain of the tons to contact the Joint Harbor Regulated Navigation Area are Port Duty Officer. In June 2002, this Operations Center for permission to encouraged to contact the Marine Safety temporary final rule was extended in enter the Regulated Navigation Area is Office Hampton Roads if they have the Federal Register (67 FR 41337). On redundant with separate advance notice concerns with this rule. December 22, 2002, we republished this of arrival requirements. The comment Finally, we have re-arranged the temporary final rule in the Federal stated that the Coast Guard should definitions section of the regulations so Register (68 FR 2201). coordinate local and national that the definitions are in alphabetical On April 29, 2003, we published a regulations. The Coast Guard believes order. No other changes were made. notice of proposed rulemaking (NPRM) that these regulations are both entitled ‘‘Regulated Navigation Area in coordinated and complementary. When Discussion of Rule Hampton Roads, VA’’ in the Federal vessels over 300 gross tons give advance On April 29, 2003, we published a Register (68 FR 22648). We received notice of arrival, their expected arrival notice of proposed rulemaking (NPRM) three letters commenting on the date and time are provided in a daily entitled Regulated Navigation Area in proposed rule. list to the Joint Harbor Operations Hampton Roads, VA in the Federal This rule will make permanent the Center. When a specific vessel calls to Register (68 FR 22648). above two temporary rules as well as request permission to enter the Regulatory Evaluation update the Regulated Navigation Area to Regulated Navigation Area, the Joint encompass aspects of navigational Harbor Operations Center is able to This rule is not a ‘‘significant safety and security in a post September rapidly verify that the vessel is regulatory action’’ under section 3(f) of 11, 2001, environment. The reporting expected. This procedure provides a Executive Order 12866, Regulatory and speed limit restrictions will enable positive measure of security to the port, Planning and Review, and does not the COTP to closely monitor vessel in that the Joint Harbor Operations require an assessment of potential costs movements in the Regulated Navigation Center can identify an unexpected and benefits under section 6(a)(3) of that Area. arrival of a vessel over 300 gross tons. Order. The Office of Management and The third comment stated that the Budget has not reviewed it under that Discussion of Comments and Changes security provisions of the regulation Order. It is not ‘‘significant’’ under the We received two letters on the eight seemingly allow members of the Coast regulatory policies and procedures of knots speed limit for vessels over 300 Guard to board vessels without a valid the Department of Homeland Security gross tons in the Norfolk Harbor Reach purpose and without identification. The (DHS). channel. The comments stated that in Coast Guard has an overall methodology We expect the economic impact of some instances it is difficult for vessels for managing security in the port. this rule to be so minimal that a full to operate at this reduced speed. Random vessel boardings are a defined Regulatory Evaluation under the Depending on individual ship part of that methodology. Therefore, all regulatory policies and procedures of construction and engine type, eight vessel boardings conducted by Coast DHS is not necessary. The speed limit knots may be near or at the lower limit Guard boarding teams are sanctioned restriction for the Norfolk Harbor Reach of speed necessary to maintain positive and valid in nature. All Coast Guard would apply to vessels 300 gross tons or control of a vessel’s steering system. The personnel will have proper greater. The speed limit requirements comments stated that when a vessel is identification at all times, and Coast would only be in effect for less than 4 transiting with the current, it may be Guard vessels will be properly marked miles, and based on the typical vessel necessary to operate at a ‘‘dead slow’’ and will be flying the Coast Guard speeds we expect delays for vessels to bell to maintain an eight knot speed, ensign. be less than 5 minutes in each direction. which may limit steering capability and The fourth comment concerned the The port security measures will affect introduce a safety concern. The Coast requirement to provide photo only those vessels in excess of 300 gross Guard agrees with these comments and identification and a valid purpose to tons that enter or move within the Port has changed the speed restriction in the board vessels over 300 gross tons, asking of Hampton Roads. The additional Norfolk Harbor Reach channel from if this requirement applied at dockside, changes to this rule clarify and simplify eight knots to ten knots. shipyards and for passenger ferries. This existing regulations, and remove We received one letter with four is the intent of the rule. We do expect unnecessary restrictions. comments on specific regulations. The this requirement to be fully enforced for first comment regarded the expansion of vessels over 300 gross tons at dockside. Small Entities the Regulated Navigation Area to twelve Regarding shipyards, we recognize that Under the Regulatory Flexibility Act nautical miles offshore, noting that persons go on and off ships in repair (5 U.S.C. 601–612), we have considered vessels over 300 gross tons that are status constantly. We expect that whether this rule would have a transiting the coast without intent to individual shipyard security programs significant economic impact on a enter the Port of Hampton Roads would will manage who is in the shipyard at substantial number of small entities. still have to request permission from the all times and will ensure compliance The term ‘‘small entities’’ comprises Joint Harbor Operations Center if they with this requirement. The rule does small businesses, not-for-profit

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organizations that are independently effects of this rule elsewhere in this a categorical exclusion under section owned and operated and are not preamble. 2.B.2 of the Instruction. Therefore, this dominant in their fields, and rule is categorically excluded, under Taking of Private Property governmental jurisdictions with figure 2–1, paragraph (34)(g), of the populations of less than 50,000. This rule will not affect a taking of Instruction, from further environmental The Coast Guard certifies under 5 private property or otherwise have documentation. A final ‘‘Environmental U.S.C. 605(b) that this rule does not taking implications under Executive Analysis Check List’’ and a final have a significant economic impact on Order 12630, Governmental Actions and ‘‘Categorical Exclusion Determination’’ a substantial number of small entities. Interference with Constitutionally are available in the docket where The rule affects the following entities, Protected Property Rights. indicated under ADDRESSES. some of which might be small entities: Civil Justice Reform List of Subjects in 33 CFR 165 Shipping companies, towing companies, dredging companies, commercial fishing This rule meets applicable standards Harbors, Marine safety, Navigation vessels, small passenger vessels and in sections 3(a) and 3(b)(2) of Executive (water), Reporting and recordkeeping recreational vessels that operate within Order 12988, Civil Justice Reform, to requirements, Security measures, the Regulated Navigation Area. minimize litigation, eliminate Waterways. ambiguity, and reduce burden. This rule will not have a significant ■ For the reasons discussed in the economic impact on a substantial Protection of Children preamble, the Coast Guard amends 33 number of small entities for the We have analyzed this rule under CFR part 165 subpart F as follows: following reasons: It will limit the speed Executive Order 13045, Protection of PART 165—REGULATED NAVIGATION of vessels 300 gross tons or greater Children from Environmental Health AREAS AND LIMITED ACCESS AREAS transiting Norfolk Harbor Reach to 10 Risks and Safety Risks. This rule is not knots. It will institute additional port an economically significant rule and security measures for vessels in excess ■ 1. The authority citation for part 165 would not create an environmental risk continues to read as follows: of 300 gross tons that enter or move to health or risk to safety that might within the Port of Hampton Roads. disproportionately affect children. Authority: 33 U.S.C. 1231; 50 U.S.C. 191; Vessels under 300 gross tons are 33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5; exempt. Indian Tribal Governments Department of Homeland Security Delegation No. 0170. Assistance for Small Entities This rule does not have tribal implications under Executive Order ■ 2. Revise § 165.501 to read as follows: Under section 213(a) of the Small 13175, Consultation and Coordination Business Regulatory Enforcement with Indian Tribal Governments, § 165.501 Chesapeake Bay entrance and Fairness Act of 1996 (Pub. L. 104–121), because it would not have a substantial Hampton Roads, VA and adjacent waters— Regulated Navigation Area. we offered to assist small entities in direct effect on one or more Indian understanding this rule so that they can tribes, on the relationship between the (a) Location. The waters enclosed by better evaluate its effects on them and Federal government and Indian tribes, the shoreline and the following lines are participate in the rulemaking process. or on the distribution of power and a Regulated Navigation Area: (1) Offshore zone. A line drawn due Collection of Information responsibilities between the Federal government and Indian tribes. East from the mean low water mark at This rule calls for no new collection the North Carolina and Virginia border of information under the Paperwork Energy Effects at latitude 36°33′03″ N, longitude Reduction Act of 1995 (44 U.S.C. 3501– We have analyzed this rule under 75°52′00″ W, to the Territorial Seas 3520). Executive Order 13211, Actions boundary line at latitude 36°33′05″ N, longitude 75°36′51″ W, thence generally Federalism Concerning Regulations That Significantly Affect Energy Supply, Northeastward along the Territorial Seas A rule has implications for federalism Distribution, or Use. We have boundary line to latitude 38°01′39″ N, under Executive Order 13132, determined that it is not a ‘‘significant longitude 74°57′18″ W, thence due West Federalism, if it has a substantial direct energy action’’ under that Order because to the mean low water mark at the effect on State or Local governments and it is not a ‘‘significant regulatory action’’ Maryland and Virginia border at latitude would either preempt State law or under Executive Order 12866 and is not 38°01′39″ N, longitude 75°14′30″ W, impose a substantial direct cost of likely to have a significant adverse effect thence South along the mean low water compliance on them. We have analyzed on the supply, distribution, or use of mark on the Virginia coast, and this rule under that Order and have energy. It has not been designated by the eastward of the Colregs Demarcation determined that it does not have Administrator of the Office of Lines across Chincoteague Inlet, implications for federalism. Information and Regulatory Affairs as a Assawoman Inlet, Gargathy Inlet, Metompkin Inlet, Wachapreague Inlet, Unfunded Mandates Reform Act significant energy action. Therefore, it does not require a Statement of Energy Quinby Inlet, Great Machipongo Inlet, The Unfunded Mandates Reform Act Effects under Executive Order 13211. Sand Shoal Inlet, New Inlet, Ship Shoal of 1995 (2 U.S.C. 1531–1538) requires Inlet and Little Inlet, to the Colregs Federal agencies to assess the effects of Environment Demarcation Line across the mouth of their discretionary regulatory actions. In We have analyzed this rule under Chesapeake Bay, continuing south along particular, the Act addresses actions Commandant Instruction M16475.1D, the Virginia low water mark and that may result in the expenditure by a which guides the Coast Guard in eastward of the Colregs Demarcation State, local, or tribal government, in the complying with the National Line across Rudee Inlet to the point of aggregate, or by the private sector of Environmental Policy Act of 1969 beginning. All positions reference NAD $100,000,000 or more in any one year. (NEPA) (42 U.S.C. 4321–4370f), and 83. Although this rule will not result in have concluded that there are no factors (2) Inland zone. The waters enclosed such expenditure, we do discuss the in this case that would limit the use of by the shoreline and the following lines:

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(i) A line drawn across the entrance Guard Ensign at all times when granting permission to anchor within to Chesapeake Bay between Wise Point underway. this area. and Cape Charles Light, and then I–664 Bridge Tunnel means the (2) Anchoring detail requirements. A continuing to Cape Henry Light. Monitor Merrimac Bridge Tunnel. self-propelled vessel over 100 gross (ii) A line drawn across the Inland waters means waters within tons, which is equipped with an anchor Chesapeake Bay between Old Point the COLREGS Line of Demarcation. or anchors (other than a tugboat Comfort Light and Cape Charles City Thimble Shoal Channel consists of equipped with bow fenderwork of a Range ‘‘A’’ Rear Light. the waters bounded by a line connecting type of construction that prevents an (iii) A line drawn across the James Thimble Shoal Channel Lighted Bell anchor being rigged for quick release), River along the eastern side of U.S. Buoy 1TS, thence to Thimble Shoal that is underway within two nautical Route 17 highway bridge, between Lighted Gong Buoy 17, thence to miles of the CBBT or the I–664 Bridge Newport News and Isle of Wight Thimble Shoal Lighted Buoy 19, thence Tunnel shall station its personnel at County, Virginia. to Thimble Shoal Lighted Buoy 21, locations on the vessel from which they (iv) A line drawn across Chuckatuck thence to Thimble Shoal Lighted Buoy can anchor the vessel without delay in Creek along the northern side of the 22, thence to Thimble Shoal Lighted an emergency. north span of the U.S. Route 17 highway Buoy 18, thence to Thimble Shoal (3) Secondary towing rig requirements bridge, between Isle of Wight County Lighted Buoy 2, thence to the beginning. on inland waters. and Suffolk, Virginia. Thimble Shoal North Auxiliary (i) A vessel over 100 gross tons may (v) A line drawn across the Channel consists of the waters in a not be towed in the inland waters of the Nansemond River along the northern rectangular area 450 feet wide adjacent Regulated Navigation Area unless it is side of the Mills Godwin (U.S. Route 17) to the north side of Thimble Shoal equipped with a secondary towing rig, Bridge, Suffolk, Virginia. Channel, the southern boundary of in addition to its primary towing rig, (vi) A line drawn across the mouth of which extends from Thimble Shoal that: Bennetts Creek, Suffolk, Virginia. Channel Lighted Buoy 2 to Thimble (A) Is of sufficient strength for towing (vii) A line drawn across the Western Shoal Lighted Buoy 18. the vessel. Branch of the Elizabeth River along the Thimble Shoal South Auxiliary (B) Has a connecting device that can eastern side of the West Norfolk Bridge, Channel consists of the waters in a receive a shackle pin of at least two Portsmouth, Virginia. rectangular area 450 feet wide adjacent inches in diameter. (viii) A line drawn across the to the south side of Thimble Shoal (C) Is fitted with a recovery pickup Southern Branch of the Elizabeth River Channel, the northern boundary of line led outboard of the vessel’s hull. (ii) A tow consisting of two or more along the northern side of the I–64 which extends from Thimble Shoal vessels, each of which is less than 100 highway bridge, Chesapeake, Virginia. Channel Lighted Bell Buoy 1TS, thence gross tons, that has a total gross tonnage (ix) A line drawn across the Eastern to Thimble Shoal Lighted Gong Buoy that is over 100 gross tons, shall be Branch of the Elizabeth River along the 17, thence to Thimble Shoal Lighted equipped with a secondary towing rig western side of the west span of the Buoy 19, thence to Thimble Shoal between each vessel in the tow, in Campostella Bridge, Norfolk, Virginia. Lighted Buoy 21. addition to its primary towing rigs, (x) A line drawn across the Lafayette (c) Applicability. This section applies while the tow is operating within this River along the western side of the to all vessels operating within the Regulated Navigation Area. The Hampton Boulevard Bridge, Norfolk, Regulated Navigation Area, including secondary towing rig must: Virginia. naval and public vessels, except vessels (A) Be of sufficient strength for towing that are engaged in the following (xi) A line drawn across Little Creek the vessels. along the eastern side of the Ocean View operations: (B) Have connecting devices that can Avenue (U.S. Route 60) Bridge, Norfolk, (1) Law enforcement. receive a shackle pin of at least two Virginia. (2) Servicing aids to navigation. inches in diameter. (xii) A line drawn across Lynnhaven (3) Surveying, maintenance, or (C) Be fitted with recovery pickup Inlet along the northern side of Shore improvement of waters in the Regulated lines led outboard of the vessel’s hull. Drive (U.S. Route 60) Bridge, Virginia Navigation Area. (4) Thimble Shoals Channel controls. Beach, Virginia. (d) Regulations. (i) A vessel drawing less than 25 feet (b) Definitions. In this section: (1) Anchoring restrictions. No vessel may not enter the Thimble Shoal CBBT means the Chesapeake Bay over 65 feet long may anchor or moor Channel, unless the vessel is crossing Bridge Tunnel. in the inland waters of the Regulated the channel. Masters should consider Coast Guard Patrol Commander is a Navigation Area outside an anchorage the squat of their vessel based upon Coast Guard commissioned, warrant or designated in § 110.168 of this title, vessel design and environmental petty officer who has been designated with these exceptions: conditions. Channel crossings shall be by the Commander, Coast Guard Group (i) The vessel has the permission of made as perpendicular to the channel Hampton Roads. the Captain of the Port. axis as possible. Designated representative of the (ii) Only in an emergency, when (ii) Except when crossing the channel, Captain of the Port means a person, unable to proceed without endangering a vessel in the Thimble Shoal North including the duty officer at the Coast the safety of persons, property, or the Auxiliary Channel shall proceed in a Guard Marine Safety Office Hampton environment, may a vessel anchor in a westbound direction. Roads, the Joint Harbor Operations channel. (iii) Except when crossing the Center watchstander, or the Coast Guard (iii) A vessel may not anchor within channel, a vessel in the Thimble Shoal or Navy Patrol Commander who has the confines of Little Creek Harbor, South Auxiliary Channel shall proceed been authorized by the Captain of the Desert Cove, or Little Creek Cove in an eastbound direction. Port to act on his or her behalf and at without the permission of the Captain of (5) Restrictions on vessels with his or her request to carry out such the Port. The Captain of the Port shall impaired maneuverability. orders and directions as needed. All consult with the Commander, Naval (i) Before entry. A vessel over 100 patrol vessels shall display the Coast Amphibious Base Little Creek, before gross tons, whose ability to maneuver is

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impaired by heavy weather, defective approximately 36°58′00″ N, 076°20′00″ the master’s vessel by the Captain of the steering equipment, defective main W, and gated Elizabeth River Channel Port. propulsion machinery, or other damage, Lighted Buoys 17 and 18 of Craney Dated: June 5, 2003. may not enter the Regulated Navigation Island Reach (southwest of Norfolk Sally Brice-O’Hara, Area without the permission of the International Terminal at approximately ° ′ ″ ° ′ ″ Rear Admiral, U.S. Coast Guard, Commander, Captain of the Port. 36 54 17 N, and 076 20 11 W. Fifth Coast Guard District. (ii) After entry. A vessel over 100 (9) Port security requirements. Vessels [FR Doc. 03–14866 Filed 6–11–03; 8:45 am] gross tons, which is underway in the in excess of 300 gross tons, including Regulated Navigation Area, that has its tug and barge combinations in excess of BILLING CODE 4910–15–P ability to maneuver become impaired 300 gross tons (combined), shall not for any reason, shall, as soon as enter the Regulated Navigation Area, possible, report the impairment to the move within the Regulated Navigation DEPARTMENT OF VETERANS Captain of the Port. Area, or be present within the Regulated AFFAIRS (6) Requirements for navigation Navigation Area, unless they comply 38 CFR Part 21 charts, radars, and pilots. No vessel with the following requirements: over 100 gross tons may enter the (i) Obtain authorization to enter the RIN 2900–AL22 Regulated Navigation Area, unless it has Regulated Navigation Area from the on board: designated representative of the Captain Accelerated Payments Under the (i) Corrected charts of the Regulated of the Port prior to entry. All vessels Montgomery GI Bill—Active Duty Navigation Area. Instead of corrected entering or remaining in the Regulated Program paper charts, warships or other vessels Navigation Area may be subject to a AGENCY: Department of Veterans Affairs. owned, leased, or operated by the Coast Guard boarding. United States Government and used (ii) Ensure that no person who is not ACTION: Final rule. only in government noncommercial a permanent member of the vessel’s SUMMARY: This document adopts as a service may carry electronic charting crew, or a member of a Coast Guard and navigation systems that have met final rule, with a minor non-substantive boarding team, boards the vessel change, a proposed rule amending the the applicable agency regulations without a valid purpose and photo regarding navigation safety. regulations governing various aspects of identification. the educational assistance programs the (ii) An operative radar during periods (iii) Report any departure from or of reduced visibility; Department of Veterans Affairs (VA) movement within the Regulated administers. The final rule implements (iii) When in inland waters, a pilot or Navigation Area to the designated other person on board with previous some of the provisions of the Veterans representative of the Captain of the Port Education and Benefits Expansion Act experience navigating vessels on the prior to getting underway. waters of the Regulated Navigation of 2001. These provisions include (iv) The designated representative of accelerated payments to individuals Area. the Captain of the Port shall be (7) Emergency procedures. under the Montgomery GI Bill—Active (i) Except as provided in paragraph contacted on VHF–FM channel 12, or by Duty program who are enrolled in (d)(7)(ii) of this section, in an emergency calling (757) 444–5209, (757) 444–5210, approved training programs that lead to any vessel may deviate from the or (757) 668–5555. employment in high tech industries and regulations in this section to the extent (v) In addition to the authorities listed whose charged tuition and fees exceed necessary to avoid endangering the in this part, this paragraph is an amount equal to 200 percent of the safety of persons, property, or the promulgated under the authority under monthly rate of basic educational environment. 33 U.S.C. 1226. assistance allowance otherwise payable. (ii) A vessel over 100 gross tons with (e) Waivers. This rule also amends the regulation an emergency that is located within two (1) The Captain of the Port may, upon defining educational institution to nautical miles of the CBBT or I–664 request, waive any regulation in this include certain private technology Bridge Tunnel shall notify the Captain section. entities. (2) An application for a waiver must of the Port of its location and the nature DATES: This final rule is effective June of the emergency, as soon as possible. state the need for the waiver and describe the proposed vessel operations. 12, 2003. (8) Vessel speed limits. Applicability Dates: The revisions to (i) Little Creek. A vessel may not (f) Control of vessels within the the various sections of the Code of proceed at a speed over five knots regulated navigation area. Federal Regulations amended in this between the Route 60 bridge and the (1) When necessary to prevent final rule are applied retroactively to mouth of Fishermans Cove (Northwest damage, destruction or loss of any October 1, 2002, to conform to statutory Branch of Little Creek). vessel, facility or port infrastructure, the requirements. (ii) Southern Branch of the Elizabeth Captain of the Port may direct the River. A vessel may not proceed at a movement of vessels or issue orders FOR FURTHER INFORMATION CONTACT: speed over six knots between the requiring vessels to anchor or moor in Lynn M. Cossette, Education Advisor, junction of the Southern and Eastern specific locations. Education Service (225C), Veterans Branches of the Elizabeth River and the (2) If needed for the maritime, Benefits Administration, Department of Norfolk and Portsmouth Belt Line commercial or security interests of the Veterans Affairs, 810 Vermont Avenue, Railroad Bridge between Chesapeake United States, the Captain of the Port NW., Washington, DC 20420, 202–273– and Portsmouth, Virginia. may order a vessel to move from the 7294. (iii) Norfolk Harbor Reach. Nonpublic location in which it is anchored to SUPPLEMENTARY INFORMATION: In a vessels of 300 gross tons or more may another location within the Regulated document published in the Federal not proceed at a speed over 10 knots Navigation Area. Register on September 11, 2002 (67 FR between the Elizabeth River Channel (3) The master of a vessel within the 57543), VA published a proposed rule Lighted Gong Buoy 5 of Norfolk Harbor Regulated Navigation Area shall comply amending subparts D and K of 38 CFR Reach (southwest of Sewells Point) at with any orders or directions issued to part 21, regarding criteria for accelerated

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payment of Montgomery GI Bill benefits and therefore may not be entitled to the therefore, is exempt from the initial and as stated in the SUMMARY portion of this full $6,000 payment. The certification final regulatory flexibility analysis document. shows whether the individual requirements of sections 603 and 604. Interested persons were given 60 days completed the course or not. If he or she Catalog of Federal Domestic Assistance to submit comments on the proposed dropped the course, the certification Program Numbers rule and the proposed information will show the date last attended. VA collections. VA received one comment uses the certification information to The Catalog of Federal Domestic concerning the proposed rule. The recalculate the payment and determine Assistance numbers for the programs comment came from a director of a if an overpayment of benefits occurred. affected by this proposed rule are company that has a financial interest in Before we release another accelerated 64.117, 64.120, and 64.124. a construction trade school. He payment, we must be certain that an List of Subjects in 38 CFR Part 21 requested that VA include overpayment has not occurred. If an ‘‘Construction Trades’’ or ‘‘Construction overpayment has occurred, we would Administrative practice and Crafts’’ in the list of industries an notify the individual of the amount procedure, Armed forces, Civil rights, individual must intend to seek owed VA and, if necessary reduce the Claims, Colleges and universities, employment in to qualify for the subsequent accelerated payment by that Conflicts of interests, Defense accelerated payment provisions. The amount. Department, Education, Employment, Veterans Education and Benefits Additionally, paragraph (b) of Grant programs-education, Grant Expansion Act of 2001 (Public Law 107– § 21.7140 has been changed to correct programs-veterans, Health care, Loan 103) allows an accelerated payment typographical errors that were programs-education, Loan programs- only for courses leading to employment published in the proposed rule on veterans, Manpower training programs, in a ‘‘high technology’’ industry. September 11, 2002, at 67 FR 57543. Reporting and recordkeeping Although the construction trade does The first error was an incorrect cite to requirements, Schools, Travel and offer jobs in technical fields, the § 21.7151(d), which does not exist. The transportation expenses, Veterans, construction trade industry did not second error was an incorrect cite to Vocational education, Vocational appear as a ‘‘high technology’’ industry § 21.7154(c), which should have read rehabilitation. in the data we reviewed. The § 21.7154(d). This document corrects Approved: March 12, 2003. SUPPLEMENTARY INFORMATION section of those errors. the proposed rule shows the data we Anthony J. Principi, used in arriving at the list of ‘‘high Paperwork Reduction Act Secretary of Veterans Affairs. technology’’ industries. Because the law The final rule contains new reporting ■ For the reasons set out in the preamble, specifically states the training must lead requirements. We described the new 38 CFR part 21 (subparts D and K) is to employment in a ‘‘high technology’’ reporting requirements in the preamble amended to read as follows: industry, VA cannot offer accelerated of the proposed rule and provided a payment for courses leading to comment period. We did not receive PART 21—VOCATIONAL employment in other industries. Thus, any comments concerning the new REHABILITATION AND EDUCATION we did not amend the proposed rule reporting requirements. The Office of based on the comment received. Subpart D—Administration of Management and Budget assigned Educational Assistance Programs Based on the rationale set forth in the control number 2900–0636 to the new proposed rule and in this document, we reporting requirements. ■ 1. The authority citation for part 21, are adopting the provisions of the subpart D continues to read as follows: proposed rule as a final rule, except as Unfunded Mandates stated below. The Unfunded Mandates Reform Act Authority: 10 U.S.C. 2141 note, ch.1606; 38 We amended proposed § 21.7151(c) to U.S.C. 501(a), chs. 30, 32, 34, 35, 36, unless requires, at 2 U.S.C. 1532, that agencies otherwise noted. include information inadvertently prepare an assessment of anticipated ■ 2. Section 21.4138 is amended by: omitted. The amendment, located at costs and benefits before developing any ■ a. In paragraph (f)(1)(v), removing § 21.7151(c)(1)(vi), applies when an rule that may result in an expenditure ‘‘basis; or’’ and adding, in its place, individual who received an accelerated by State, local, or tribal governments, in ‘‘basis;’’. payment applies for a subsequent the aggregate, or by the private section, ■ b. In paragraph (f)(1)(vi), removing accelerated payment. This amendment of $100 million or more in any given ‘‘basis.’’ and adding, in its place, ‘‘basis; states that an individual must make all year. This final rule has no or’’. certifications required in § 21.7154(d) consequential effect on State, local, or ■ c. Adding paragraph (f)(1)(vii). for any previous accelerated payment tribal governments. before we make a subsequent The addition reads as follows: Executive Order 12866 accelerated payment. The purpose of § 21.4138 Certifications and release of this amendment is to ensure proper This document has been reviewed by payments. payment of benefits by avoiding the Office of Management and Budget * * * * * overpayments. Generally, Montgomery under Executive Order 12866. GI Bill payments are paid at the end of (f) * * * each month after students certify their Regulatory Flexibility Act (1) * * * attendance for that month. However, The Secretary of Veterans Affairs (vii) The veteran receives an under the accelerated payment hereby certifies that this final rule will accelerated payment for the term, provisions individuals can receive the not have a significant economic impact quarter, semester, or summer session payment at the start of a course but their on a substantial number of small entities preceding the interval. certification is not required until the as they are defined in the Regulatory * * * * * end of the course. An individual could Flexibility Act, 5 U.S.C. 601–612. This ■ 3. Section 21.4200 is amended by: receive a payment of $6,000 at the start final rule affects only individuals and ■ a. In paragraph (a)(4), removing of the course. After receiving payment will not directly affect small entities. ‘‘section; or’’, and adding, in its place, he or she might drop out of the course Pursuant to 5 U.S.C. 605(b), this rule, ‘‘section;’’;

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■ b. In paragraph (a)(5), removing (dd) Computer specialists. The term (51) Accelerated payment. An ‘‘program.’’, and adding, in its place, computer specialists includes the accelerated payment is a lump sum ‘‘program; or’’; and following occupations: payment of a maximum of 60 percent of ■ c. Adding paragraph (a)(6); and (1) Database, system, and network the charged tuition and fees for an paragraphs (aa) through (dd) administrators; individual’s enrollment for a term, immediately after the authority citation (2) Database, system, and network quarter, or semester in an approved at the end of paragraph (z). developers; program of education leading to ■ d. Revising the authority citation at the (3) Computer and network engineers; employment in a high technology end of paragraph (a). (4) Systems analysts; industry. In the case of a program of The revisions and additions read as (5) Programmers; education not offered on a term, quarter, follows: (6) Computer, database, and network or semester basis, the accelerated support specialists; payment is a lump sum payment of a § 21.4200 Definitions. (7) All computer scientists; maximum of 60 percent of the charged (a) * * * (8) Web site designers; tuition and fees for the entire such (6) Any private entity that offers, (9) Computer and network service program. either directly or indirectly under an technicians; agreement with another entity, a course (10) Computer and network (Authority: 38 U.S.C. 3014A) or courses to fulfill requirements for the electronics specialists; and ■ 6. Section 21.7076 is amended by attainment of a license or certificate (11) All certified professionals, revising paragraphs (a), (b)(1) generally recognized as necessary to certified associates and certified introductory text, and (b)(7) to read as obtain, maintain, or advance in technicians in the information follows: technology field. employment in a profession or vocation § 21.7076 Entitlement charges. in a high technology occupation. (Authority: 38 U.S.C. 3014A, 3452(c), (a) Overview. VA will make charges 3501(a)(6)) (Authority: 38 U.S.C. 3452, 3501(a)(6), against entitlement as stated in this 3689(d)) * * * * * section. * * * * * (1) Charges will be made against the (aa) High technology industry: The Subpart K—All Volunteer Force entitlement the veteran or term high technology industry includes Educational Assistance Program servicemember has to educational the following industries: (Montgomery GI Bill—Active Duty) assistance under 38 U.S.C. chapter 30 as (1) Biotechnology; the assistance is paid. (2) Life science technologies; ■ 4. The authority citation for part 21, (2) There will be a charge (for record (3) Opto-electronics; subpart K continues to read as follows: purposes only) against the remaining (4) Computers and Authority: 38 U.S.C. 501(a), chs. 30, 36, entitlement, under 38 U.S.C. chapter 34, telecommunications; unless otherwise noted. of an individual who is receiving the (5) Electronics; educational assistance under § 21.7137 ■ 5. Section 21.7020 is amended by (6) Computer-integrated of this part. The record-purpose charges adding paragraphs (b)(47) through manufacturing; against entitlement under 38 U.S.C. (b)(51) immediately following the (7) Material design; chapter 34 will not count against the 48 authority citation at the end of the (8) Aerospace; months of total entitlement under both section. (9) Weapons; 38 U.S.C. chapters 30 and 34 to which The additions read as follows: (10) Nuclear technology; and the veteran or service member may be (11) Any other identified advanced § 21.7020 Definitions. entitled. (See § 21.4020(a) of this part). technologies in the biennial Science and * * * * * (3) Generally, VA will base those Engineering Indicators report published entitlement charges on the principle by the National Science Foundation. (b) * * * (47) High technology industry. The that a veteran or service member who (Authority: 38 U.S.C. 3014A, 3452(c), term high technology industry has the trains full time for one day should be 3501(a)(6)) same meaning as provided in charged one day of entitlement. (bb) Employment in a high technology § 21.4200(aa). However, this general principle does not industry. Employment in a high apply to a veteran or servicemember (Authority: 38 U.S.C. 3014A, 3452(c), who: technology industry means employment 3501(a)(6)) in a high technology occupation specific (i) Is pursuing correspondence (48) Employment in a high technology to a high technology industry. training; (Authority: 38 U.S.C. 3014A) industry. Employment in a high (ii) Is pursuing flight training; (cc) High technology occupation. The technology industry has the same (iii) Is pursuing an apprenticeship or term high technology occupation means meaning as provided in § 21.4200(bb). other on-job training; or an occupation that leads to employment (Authority: 38 U.S.C. 3014A) (iv) Is paid an accelerated payment. (4) The provisions of this section in a high technology industry. These (49) High technology occupation. The apply to: occupations consist of: term high technology occupation has the (i) Veterans and service members (1) Life and physical scientists; same meaning as provided in training under 38 U.S.C. chapter 30; and (2) Engineers; § 21.4200(cc). (ii) Veterans training under 38 U.S.C. (3) Mathematical specialists; chapter 31 who make a valid election (4) Engineering and science (Authority: 38 U.S.C. 3014A, 3452(c), under § 21.21 of this part to receive technicians; 3501(a)(6)) educational assistance equivalent to that (5) Computer specialists; and (50) Computer specialist. The term (6) Engineering, scientific, and computer specialist has the same paid to veterans under 38 U.S.C. chapter computer managers. meaning as provided in § 21.4200(dd). 30. (Authority: 38 U.S.C. 3013, 3014(A), 3014(b)) (Authority: 38 U.S.C. 3014A, 3452(c), (Authority: 38 U.S.C. 3014A, 3452(c), 3501(a)(6)) 3501(a)(6)) (b) * * *

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(1) Except for those pursuing term, quarter or semester (or the entire (ii) The educational institution at correspondence training, flight training, program of education for those programs which the veteran or servicemember is apprenticeship or other on-the-job not offered on a term, quarter, or accepted or enrolled agrees to— training, those who are receiving semester basis), or (A) Provide for the safekeeping of the tutorial assistance, and those who (b) The aggregate amount of basic accelerated payment check before receive an accelerated payment, VA will education assistance to which the delivery to the veteran or make a charge against entitlement: individual remains entitled under this servicemember; * * * * * chapter at the time of the payment. (B) Deliver the payment to the veteran or servicemember no earlier than the (7) When a veteran or servicemember (Authority: 38 U.S.C. 3014A) start of the term, quarter or semester (or is paid an accelerated payment, VA will ■ 10. Section 21.7151 is amended by: the start of the program if the program make a charge against entitlement for ■ a. Revising the section heading. is not offered on a term, quarter or each accelerated payment made to him ■ b. Adding paragraph (c) and the semester basis); or her. The charge— information parenthetical immediately (i) Will be made in months and (C) Certify the enrollment of the following the authority citation at the veteran or servicemember and the decimal fractions of a month; and end of the section. (ii) Will be determined by dividing amount of tuition and fees therefor; and ■ The revision and additions read as (D) Certify the delivery of the the amount of the accelerated payment follows: by an amount equal to the rate of basic accelerated payment to the veteran or educational assistance otherwise § 21.7151 Advance payment and servicemember. (3) VA will make accelerated applicable to him or her for full-time accelerated payment certifications. payments directly to the veteran or institutional training. If the rate of basic * * * * * servicemember if the enrollment educational assistance increases during (c) Accelerated payments. (1) A certification required under § 21.7152 is the enrollment period, VA will charge veteran or servicemember is eligible for submitted on or after the first day of the entitlement for the periods covered by an accelerated payment only if— enrollment period. VA will the initial rate and the increased rate, (i) The veteran or servicemember electronically deposit the accelerated respectively. submits a signed statement to the school payment in the veteran’s or (Authority: 38 U.S.C. 3014A) or to VA that states ‘‘I request servicemember’s bank account unless— * * * * * accelerated payment’’; (i) The veteran or servicemember does (ii) The veteran or servicemember is ■ 7. Section 21.7140 is amended by: not have a bank account; or enrolled in a course or program of ■ a. Redesignating paragraphs (b) (ii) The veteran or servicemember education or training beginning on or through (f) as paragraphs (c) through (g), objects to payment by electronic funds after October 1, 2002; respectively. transfer. (iii) The veteran is enrolled in an ■ b. Adding a new paragraph (b). (4) VA must make the accelerated ■ c. Revising newly redesignated approved program as defined in payment no later than the last day of the paragraph (c)(1) introductory text. § 21.4200 (aa); month immediately following the ■ The addition and revision read as (iv) The charged tuition and fees for month in which VA receives a follows: the term, quarter, or semester (or entire certification from the educational program for those programs not offered institution regarding— § 21.7140 Certifications and release of on a term, quarter or semester basis) (i) The veteran’s or servicemember’s payments. divided by the number of months (and enrollment in the program of education; * * * * * fractions thereof) in the enrollment and (b) Accelerated payments. VA will period, exceeds the amount equal to 200 (ii) The amount of the charged tuition apply the provisions of §§ 21.7151(a), percent of the monthly rate of basic and fees for the term, quarter or (c), and 21.7154(d) in making educational assistance allowance semester (or for a program that is not accelerated payments. otherwise payable under §§ 21.7136 or offered on a term, quarter, or semester (c) * * * 21.7137, as applicable; basis, the entire program). (1) VA will pay educational assistance (v) The veteran or servicemember (5) The Director of the VA field to a veteran or servicemember (other requesting the accelerated payment has station of jurisdiction may direct that than one pursuing a program of not received an advance payment under accelerated payments not be made in apprenticeship or other on-job training, § 21.7140(a) for the same enrollment advance of the first day of the a correspondence course, one who period; and enrollment period in the case of qualifies for advance payment, one who (vi) The veteran or servicemember has veterans or servicemembers attending qualifies for an accelerated payment, or submitted all certifications required an educational institution that one who qualifies for a lump sum under § 21.7154(d) for any previous demonstrates its inability to discharge payment) only after— accelerated payment he or she received. its responsibilities for accelerated * * * * * (2) Except as provided in paragraph payments. In such a case, the (c)(5) of this section, VA will make the accelerated payment will be made § 21.7142 [Redesignated as § 21.7143] accelerated payment directly to the directly to the veteran or servicemember ■ 8. Section 21.7142 is redesignated as educational institution, in the veteran’s as provided in paragraph (a)(3). § 21.7143. or servicemember’s name, for delivery (Authority: 38 U.S.C. 3014A) ■ 9. A new § 21.7142 is added to read as to the veteran or servicemember if: (The Office of Management and Budget has follows: (i) The educational institution approved the information collection submits the enrollment certification requirements in this section under control § 21.7142 Accelerated payments. required under § 21.7152 before the number 2900–0636.) The accelerated payment will be the actual start of the term, quarter or ■ 11. Section 21.7154 is amended by: lesser of— semester (or the start of the program for ■ a. Revising the authority citation at the (a) The amount equal to 60 percent of a program not offered on a term, quarter end of paragraph (a) and the information the charged tuition and fees for the or semester basis); and parenthetical at the end of the section.

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■ b. Adding paragraph (a)(4) for not completing, VA will prorate the Regulation Development Section, Air immediately following the authority amount of the accelerated payment to and Radiation Division (AR–18J) Region citation at the end of paragraph (a)(3); which he or she is entitled based on the 5, U.S. Environmental Protection and by adding paragraph (d) number of days from the beginning date Agency, 77 West Jackson Boulevard, immediately following the authority of the enrollment period through the Chicago, Illinois 60604. You may citation at the end of the section. date of last attendance. VA will examine copies of materials relevant to ■ The revision and additions read as determine the prorated amount by this action during normal business follows: dividing the accelerated payment hours, by appointment at the following amount by the number of days in the locations: Environmental Protection § 21.7154 Pursuit and absences. enrollment period, and multiplying the Agency, Region 5, 18th Floor Docket * * * * * result by the number of days from the Room, 77 West Jackson Boulevard, (a) * * * beginning date of the enrollment period Chicago, Illinois, 60604. (4) Has received an accelerated through the date of last attendance. The FOR FURTHER INFORMATION CONTACT: payment for the enrollment period. John result of this calculation will equal the Paskevicz, Engineer, at (312) 886–6084, (Authority: 38 U.S.C. 3014A, 3034, 3684) amount the individual is due. The or e-mail at [email protected], if * * * * * difference between the accelerated you intend to visit the Region 5 office. (d) Additional requirements for payment and the amount the individual SUPPLEMENTARY INFORMATION: individuals receiving an accelerated is due will be established as an Throughout this document, the terms payment. overpayment. ‘‘you’’ refer to the reader of this rule (1) When an individual receives an (Authority: 38 U.S.C. 3014A(g)) and/or to sources subject to the State accelerated payment as provided in * * * * * rule, and the terms ‘‘we’’, ‘‘us’’, or ‘‘our’’ § 21.7151(c) and (d), he or she must (The Office of Management and Budget has refers to EPA. certify the following information within approved the information collection 60 days of the end of the term, quarter requirements in this section under control Table of Contents or semester (or entire program when the numbers 2900–0465 and 2900–0636.) I. Background program is not offered on a term, [FR Doc. 03–14860 Filed 6–11–03; 8:45 am] II. What does the State plan contain? quarter, or semester basis) for which the BILLING CODE 8320–01–P III. Does the State plan meet EPA accelerated payment was made: requirements? (i) The course or program was IV. What action is EPA taking today? V. Statutory and Executive Order Reviews successfully completed, or if the course ENVIRONMENTAL PROTECTION was not completed— AGENCY I. Background (A) The date the veteran or servicemember last attended; and 40 CFR Part 62 On December 1, 2000, in accordance with sections 111 and 129 of the Act, (B) An explanation why the course [IN156–1a; FRL–7512–4] was not completed; the EPA promulgated CISWI EGs and compliance schedules for the control of (ii) If the veteran or servicemember Approval and Promulgation of State emissions from CISWI units. See 65 FR increased or decreased his or her Plans for Facilities and Pollutants: 75362. EPA codified these regulations at training time— Indiana; Plan for Controlling 40 CFR part 60, subpart DDDD. Under (A) The date the veteran or Emissions from Existing Commercial section 129(b)(2) of the Act and the servicemember increased or decreased and Industrial Solid Waste Incinerators training time; and regulations at subpart DDDD, states with (B) The number of credit/clock hours AGENCY: Environmental Protection subject sources must submit to EPA pursued before and after each such Agency (EPA). plans that implements the EGs. These change in training time; and ACTION: Direct final rule. plans must be at least as protective as (iii) The accelerated payment was the EGs, which are not federally received and used. SUMMARY: EPA is approving the plan enforceable until EPA approves a State (2) VA will establish an overpayment submitted by the Indiana Department of plan (or adopts a federal plan for equal to the amount of the accelerated Environmental Management (IDEM) on implementation and enforcement). payment if the required certifications in December 20, 2002, under sections On February 23, 2001, Region 5, EPA paragraph (c)(1) of this section are not 111(d) and 129 of the Clean Air Act sent a letter to Indiana, as well as other timely received. (Act). This plan is designed to States in the Region, informing the State (3) VA will determine the amount of implement and enforce the federal of the need to develop a CISWI plan for the overpayment of benefits for courses Emission Guidelines (EG) applicable to its subject sources. We also identified not completed in the following existing Commercial and Industrial the nine elements necessary for an manner— Solid Waste Incineration units (CISWI) approvable CISWI plan, as contained in (i) For a veteran or servicemember for which construction commenced on 40 CFR 60.2515. who does not complete the full course, or before November 30, 1999. On December 20, 2002, IDEM courses, or program for which the DATES: This rule is effective on August submitted to EPA its CISWI plan. This accelerated payment was made, and 11, 2003 without further notice unless submission followed public hearings on who does not substantiate mitigating EPA receives significant adverse written February 6, 2002 and public notice of circumstances for not completing, VA comment by July 14, 2003. If EPA the State plan on October 7, 2002. The will establish an overpayment equal to receives such comments, we will State adopted the rule in final form on the amount of the accelerated payment. publish a timely withdrawal of the May 1, 2002; it became effective on (ii) For a veteran or servicemember direct final rule in the Federal Register September 6, 2002. The plan includes who does not complete the full course, and inform the public that the rule will State rule 326 IAC 11–8, which courses, or program for which the not take effect. establishes emission standards for accelerated payment was made, but who ADDRESSES: Comments must be existing CISWI consistent with 40 CFR substantiates mitigating circumstances submitted to J. Elmer Bortzer, Chief, part 60, subpart DDDD.

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II. What Does the State Plan Contain? standards and compliance schedules Unfunded Mandates Reform Act The State submittal is based on the applicable to the designated facilities; Because this rule approves pre- CISWI model rule (40 CFR 60.2575 to enforce applicable laws, regulations, existing requirements under state law 60.2875) and incorporates by reference standards and compliance schedules; and does not impose any additional significant portions of that rule. As seek injunctive relief; obtain enforceable duty beyond that required indicated in Table 1, the State plan information necessary to determine by state law, it does not contain any contains the nine required elements. compliance; require record keeping; unfunded mandate or significantly or The State plan contained or addressed conduct inspections and tests; require uniquely affect small governments, as all of the elements listed in Section the use of monitors; require emission described in the Unfunded Mandates 60.2515 of the December 1, 2000, model reports of owners and operators; and, Reform Act of 1995 (Pub. L. 104–4). rule. The plan contained: make emission data publicly available. Executive Order 13175 Consultation 1. An inventory of affected CISWI Additional details concerning EPA’s and Coordination with Indian Tribal units. evaluation of the Indiana plan are Governments 2. An inventory of the emissions from included in the technical support file each of the CISWI units. available for inspection from the EPA This rule also does not have tribal 3. A State rule (326 IAC 11–8–2) contact listed above. implications because it will not have a specifying the requirement for a final substantial direct effect on one or more control plan and specifying when the IV. What Action Is EPA Taking Today? Indian tribes, on the relationship units must be in final compliance. EPA is approving the plan which between the Federal Government and 4. Incorporation by reference (IBR) of Indiana submitted on December 20, Indian tribes, or on the distribution of EPA emission limitations, operator 2002, for the control of emissions from power and responsibilities between the training and qualification requirements, existing CISWI sources in the State. EPA Federal Government and Indian tribes, a waste management plan, and is publishing this approval notice as specified by Executive Order 13175 operating limits for affected CISWI without prior proposal because the (65 FR 67249, November 9, 2000). units. Agency views this as a noncontroversial Executive Order 13132 Federalism 5. IBR for performance testing, action and anticipates no adverse recordkeeping, and reporting This action also does not have comments. However, in the proposed requirements. federalism implications because it does rule section of today’s Federal Register, 6. Certification that a hearing on the not have substantial direct effects on the EPA is publishing a separate document State plan was held, and a brief written States, on the relationship between the that will serve as the proposal to summary of comments. national government and the States, or 7. A statement that the State will approve the State plan in the event on the distribution of power and submit data and information using the adverse comments are filed. If we do not responsibilities among the various EPA Aerometric Emissions Information receive any adverse comments by July levels of government, as specified in Retrieval System. 14, 2003 this action will be effective on Executive Order 13132 (64 FR 43255, 8. A discussion that the State chose as August 11, 2003. August 10, 1999). This action merely an enforcement mechanism, a State rule V. Statutory and Executive Order approves a state rule implementing a (326 IAC 11–8) which contains IBR of Reviews Federal standard, and does not alter the the EPA’s CISWI EG. relationship or the distribution of power 9. A detailed list which demonstrates Executive Order 12866; Regulatory and responsibilities established in the the State has legal authority to carry out Planning and Review Clean Air Act. sections 111(d) and 129 of the Clean Air Under Executive Order 12866 (58 FR Executive Order 13045 Protection of Act, in the State plan. 51735, October 4, 1993), this action is Children From Environmental Health The Indiana rule details the not a ‘‘significant regulatory action’’ and increments of progress for the affected and Safety Risks therefore is not subject to review by the This rule also is not subject to CISWI. It also calls for final compliance Office of Management and Budget. by September 1, 2005, and, in this Executive Order 13045 ‘‘Protection of regard, is somewhat more restrictive Executive Order 13211: Actions That Children from Environmental Health than the EPA requirement. Significantly Affect Energy Supply, Risks and Safety Risks’’ (62 FR 19885, Distribution, or Use April 23, 1997), because it is not III. Does the State Plan Meet the EPA economically significant. Requirements? For this reason, this action is also not National Technology Transfer EPA evaluated the CISWI State plan subject to Executive Order 13211, Advancement Act submitted by Indiana for consistency ‘‘Actions Concerning Regulations That with the Act, EPA regulations and Significantly Affect Energy Supply, In reviewing plan submissions, EPA’s policy. EPA has determined that the Distribution, or Use’’ (66 FR 28355, May role is to approve state choices, plan meets all applicable requirements 22, 2001). provided that they meet the criteria of and, therefore, is approving it. This Regulatory Flexibility Act the Clean Air Act. In this context, in the approval is based on our findings that absence of a prior existing requirement in addition to the technical elements This action merely approves state law for the State to use voluntary consensus provided by IDEM, that: as meeting federal requirements and standards (VCS), EPA has no authority (a) Provided adequate public notice of imposes no additional requirements to disapprove a SIP submission for public hearings for the proposed beyond those imposed by state law. failure to use VCS. It would thus be rulemaking that allows Indiana to carry Accordingly, the Administrator certifies inconsistent with applicable law for out and enforce provisions that are at that this rule will not have a significant EPA, when it reviews a SIP submission, least as protective as the EGs for economic impact on a substantial to use VCS in place of a plan CISWIs; and, number of small entities under the submission that otherwise satisfies the (b) Demonstrated legal authority to: Regulatory Flexibility Act (5 U.S.C. 601 provisions of the Clean Air Act. Thus, incorporate by reference emission et seq.). the requirements of section 12(d) of the

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National Technology Transfer and Subpart P—Indiana Federal Aviation Administration Advancement Act of 1995 (15 U.S.C. Regional Administrator, Great Lakes 272 note) do not apply. ■ 2. A new undesignated center heading Region. and § 62.3660 are added to Subpart P to Section 102(e) of title 49, United Paperwork Reduction Act read as follows: States Code, authorizes the Secretary to This rule does not impose an prescribe the order of succession for the information collection burden under the CONTROL OF AIR EMISSIONS FROM EXISTING COMMERCIAL AND Department’s Assistant Secretaries and provisions of the Paperwork Reduction the General Counsel. Section 215 of the Act of 1995 (44 U.S.C. 3501 et seq.). INDUSTRIAL SOLID WASTE INCINERATOR UNITS Maritime Transportation Security Act of Congressional Review Act 2002 amended section 102 of title 49, § 62.3660 Identification of plan. United States Code, by creating the The Congressional Review Act, 5 On December 20, 2002, Indiana position of Under Secretary of U.S.C. 801 et seq., as added by the Small Transportation for Policy, who is Business Regulatory Enforcement submitted a plan to control emissions from Commercial and Industrial Solid designated to act for the Secretary when Fairness Act of 1996, generally provides the Secretary and the Deputy Secretary that before a rule may take effect, the Waste Incinerators (CISWI). The Indiana are absent or unable to serve, or when agency promulgating the rule must plan incorporates by reference the offices of Secretary and Deputy submit a rule report, which includes a substantial portions of 40 CFR part 60, Secretary are vacant. Section 215(c) also copy of the rule, to each House of the subpart DDDD, Emission Guidelines and amends section 102(g) of title 49, United Congress and to the Comptroller General Compliance Times for CISWI units built States Code, as redesignated by section of the United States. Section 804 on or before November 30, 1999. 215(a)(1), by deleting the position of exempts from section 801 the following [FR Doc. 03–14871 Filed 6–11–03; 8:45 am] Associate Deputy Secretary, on the date types of rules: (1) Rules of particular BILLING CODE 6560–50–P that an individual is appointed to the applicability; (2) rules relating to agency position of Under Secretary of management or personnel; (3) rules of Transportation for Policy. Section 403 of agency organization, procedure, or DEPARTMENT OF TRANSPORTATION practice that do not substantially affect the Homeland Security Act of 2002 transfers the functions of the the rights or obligations of non-agency Office of the Secretary parties. 5 U.S.C. 804(3). EPA is not Transportation Security Administration, including the duties and responsibilities required to submit a rule report 49 CFR Part 1 regarding this action under section 801 of the Under Secretary of Transportation because this is a rule of particular [Docket Number: OST–1999–6189] for Security, from the Department of applicability. RIN 9991–AA38 Transportation to the Department of Under section 307(b)(1) of the Clean Homeland Security. We are updating Air Act, petitions for judicial review of Organization and Delegation of Powers our Secretarial Order of Succession to this action must be filed in the United and Duties; Secretarial Succession reflect these statutory changes as well as States Court of Appeals for the recent Secretarial decisions concerning AGENCY: appropriate circuit by August 11, 2003. Office of the Secretary, DOT. the order of succession for Assistant Filing a petition for reconsideration by ACTION: Final rule. Secretaries of Transportation. the Administrator of this final rule does Since this amendment relates to SUMMARY: This amendment will revise not affect the finality of this rule for the Departmental management, procedures, the order of Secretarial succession for purposes of judicial review nor does it and practice, notice and comment on the Department, including changes due extend the time within which a petition this rule are unnecessary under 5 U.S.C. to recent legislation. for judicial review may be filed, and 553(b)(3)(A). In addition, the Secretary shall not postpone the effectiveness of EFFECTIVE DATE: June 12, 2003. finds that there is good cause to make such rule or action. This action may not FOR FURTHER INFORMATION CONTACT: this rule effective upon publication be challenged later in proceedings to Bonnie Angermann-Stucker, Office of pursuant to 5 U.S.C. 553(d)(2), as a enforce its requirements. (See the Assistant General Counsel for change to internal policy. § 307(b)(2).) Environmental, Civil Rights, and Regulatory Analyses and Notices General Law, Department of List of Subjects in 40 CFR Part 62 Transportation, 400 Seventh Street, A. Executive Order 12866 and DOT Environmental protection, Air SW., Room 10102, Washington, DC Regulatory Policies and Procedures pollution control, Metals, Sulfur oxides, 20590; Telephone: (202) 366–9166. The final rule is not considered a Particulate matter, Carbon monoxide, SUPPLEMENTARY INFORMATION: In 49 CFR significant regulatory action under Acid gases, Waste treatment and 1.26, the order of succession to act as Executive Order 12866 and the disposal, Reporting and recordkeeping Secretary of Transportation is set forth Regulatory Policies and Procedures of requirements. as follows: The Deputy Secretary, the Department of Transportation (44 FR Dated: May 29, 2003. General Counsel, Assistant Secretary for 11034). There are no costs associated Bharat Mathur, Budget and Programs, Assistant with this rule. Secretary for Governmental Affairs, Acting Regional Administrator, Region 5. B. Executive Order 13132 ■ Part 62 of chapter 1, title 40, of the Assistant Secretary for Transportation Code of Federal Regulations is amended Policy, Assistant Secretary for Aviation This action has been analyzed in as follows: and International Affairs, Assistant accordance with the principles and Secretary for Administration, Associate criteria contained in Executive Order PART 62—[AMENDED] Deputy Secretary, Under Secretary of 13132, dated August 4, 1999. This final Transportation for Security, Federal rule does not have a substantial direct ■ 1. The authority citation for part 62 Aviation Administrator, Federal effect on, or sufficient federalism continues to read as follows: Aviation Administration Regional implications for, the States, nor would Authority: 42 U.S.C. 7401 et seq. Administrator, Southwest Region, it limit the policymaking discretion of

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the States. Therefore, the consultation (2) Under Secretary of Transportation 366–3820), 400 Seventh Street, SW., and funding requirements do not apply. for Policy. Washington, DC 20590. (3) General Counsel. C. Executive Order 13084 SUPPLEMENTARY INFORMATION: The (4) Assistant Secretary for Aviation Uniform Tire Quality Grading Standards This final rule has been analyzed in and International Affairs. (UTQGS) sets forth procedures for accordance with the principles and (5) Assistant Secretary for treadwear testing in 49 CFR 575.104(e). criteria contained in Executive Order Transportation Policy. The purpose of the treadwear grades is 13084 (‘‘Consultation and Coordination (6) Assistant Secretary for Budget and to aid consumers in the selection of new with Indian Tribal Governments’’). Programs. tires by informing them of the relative Because this final rule does not (7) Assistant Secretary for amount of expected tread life for each significantly or uniquely affect the Governmental Affairs. tire offered for sale. This allows the tire communities of the Indian tribal (8) Assistant Secretary for purchaser to compare passenger car tires governments and does not impose Administration. based on tread life. substantial direct compliance costs, the (9) Federal Aviation Administrator. On November 15, 1991, the agency funding and consultation requirements (10) Federal Aviation Administration amended section 575.104(e)(1)(iv) of the of Executive Order 13084 do not apply. Regional Administrator, Southwest treadwear grading procedures to permit Region. D. Regulatory Flexibility Act treadwear convoys to consist of front- (11) Federal Aviation Administration wheel drive passenger cars and light The Regulatory Flexibility Act (5 Regional Administrator, Great Lakes trucks, vans and multipurpose U.S.C. 601 et seq.) requires an agency to Region. passenger vehicles (MPVs) (or any review regulations to assess their impact * * * * * combination thereof) (56 FR 57988). on small entities unless the agency Issued this 28th day of May, 2003, in Previously, the regulations had determines that a rule is not expected to Washington, DC. specified that only rear-wheel drive have a significant impact on a Norman Y. Mineta, passenger cars could be used in the substantial number of small entities. I testing to determine treadwear grades. hereby certify this final rule, which Secretary of Transportation. [FR Doc. 03–14697 Filed 6–11–03; 8:45 am] In drafting the November 15, 1991 amends the CFR to reflect a delegation amendment, NHTSA inadvertently BILLING CODE 4190–62–P of authority from the Secretary to the overlooked the fact that a June 11, 1991 FMCSA Administrator and to the final rule; response to a petition for Undersecretary of Transportation for DEPARTMENT OF TRANSPORTATION reconsideration amended the same Security, will not have a significant section of the regulation with a later economic impact on a substantial National Highway Traffic Safety effective date of September 1, 1993. As number of small businesses. Administration a result, the new regulatory language E. Paperwork Reduction Act was later inadvertently deleted from the 49 CFR Part 575 CFR. This rule contains no information NHTSA is publishing this correcting collection requirements under the [Docket No. NHTSA–03–15366] amendment to reinstate regulation Paperwork Reduction Act of 1995 (44 language allowing for use of front-wheel U.S.C. 3501–3520). Consumer Information Regulations; Uniform Tire Quality Grading drive vehicles, light trucks, and MPVs F. Unfunded Mandates Reform Act Standards; Correction in treadwear convoys that was The Department has determined that inadvertently deleted. AGENCY: This amendment to the final rule is the requirements of Title II of the National Highway Traffic effective 30 days after the date of Unfunded Mandates Reform Act of 1995 Safety Administration, DOT. publication in the Federal Register. do not apply to this rulemaking. ACTION: Correcting amendment. Remedying this error on the part of the List of Subjects in 49 CFR Part 1 SUMMARY: On November 15, 1991, the agency will not impose any additional Authority delegations (Government National Highway Traffic Safety substantive requirements or burdens on agencies), Organization and functions Administration (NHTSA) published a manufacturers. Therefore, NHTSA finds (Government agencies). final rule amending the treadwear for good cause that any notice of testing procedures of the Uniform Tire ■ In consideration of the foregoing, Part proposed rulemaking and opportunity Quality Grading Standards (UTQGS) to 1 of Title 49, Code of Federal for comment on these amendments are permit the use of front-wheel drive Regulations, is amended as follows: not necessary. passenger cars, as well as light trucks, List of Subjects in 49 CFR Part 575 PART 1—[AMENDED] and MPVs. Previously, UTQGS specified testing of tires using only rear- Consumer protection, Labeling, Motor ■ 1. The authority citation for Part 1 is wheel drive passenger cars. The vehicle safety, Motor vehicles, Rubber revised to read as follows: effective date of the amendment was and rubber products, Tires. Authority: 49 U.S.C. 322; 46 U.S.C. December 16, 1991. However, this new 2104(a); 28 U.S.C. 2672; 31 U.S.C. 3711(a)(2); language was later inadvertently deleted PART 575—CONSUMER Pub. L. 101–552, 104 Stat. 2736; Pub. L. 106– in an unrelated amendment. INFORMATION REGULATIONS 159, 113 Stat. 1748; Pub. L. 107–71, 115 Stat. This document corrects NHTSA’s ■ Accordingly, 49 CFR Part 575 is 597; Pub. L. 107–295, 116 Stat. 2064 (2002); inadvertent deletion of that regulatory corrected by making the following Pub L. 107–296, 116 Stat. 2135 (2002). language. ■ 2. In § 1.26 remove paragraphs (a)(2) correcting amendment: DATES: ■ through (a)(12) and add paragraphs (a)(2) These amendments to the final 1. The authority citation for Part 575 of through (a)(11) to read as follows: rule are effective July 14, 2003. Title 49 continues to read as follows: FOR FURTHER INFORMATION CONTACT: Mr. Authority: 49 U.S.C. 322, 30111, 30115, § 1.26 Secretarial succession. George Feygin, Office of Chief Counsel 30117, and 30166; delegation of authority at (a) * * * (Telephone: (202) 366–2992) (Fax: (202) 49 CFR 1.50.

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■ 2. Section 575.104 is corrected by FOR FURTHER INFORMATION CONTACT: Magnuson-Stevens Act and other revising paragraph (e)(1)(iv) to read as Mark Murray-Brown or Brad McHale at applicable laws. follows: 978–281–9260. The Assistant Administrator for SUPPLEMENTARY INFORMATION: A final § 575.104 Standard No. 104 Uniform tire Fisheries, NOAA (AA), finds for good quality grading standards. rule published on December 18, 2002 cause that providing prior notice and (67 FR 77434), established a new HMS * * * * * public comment for this temporary rule, Angling category vessel permit. This as required under 5 U.S.C. 553(b)(B), is (e) Treadwear grading conditions and new permit category was meant to allow procedures—(1) Conditions. impracticable and contrary to the public recreational fishers to fish for, possess, interest. The Atlantic HMS Fishery * * * * * and retain HMS. Further, the final rule opened on June 1, 2003. Over the past (iv) A test convoy consists of two or specified that Atlantic Tunas General week, fishermen notified NMFS that, as four passenger cars, light trucks, or category permits could no longer be a result of confusion regarding the new MPVs, each with a GVWR of 10,000 used by recreational fishers to fish for, HMS recreational Angling permit pounds or less. possess, or retain HMS other than requirement, they had unintentionally * * * * * bluefin tuna. The final rule also applied for and received General Issued: June 5, 2003. specified that vessel category changes category permits. Having General could not be made after a permit is Stephen R. Kratzke, category permits precludes them from issued for a fishing year. participating in recreational Associate Administrator for Rulemaking. NMFS has recently received [FR Doc. 03–14693 Filed 6–11–03; 8:45 am] tournaments. Tournaments are comments that the new permit category underway now and are scheduled BILLING CODE 4910–59–P and the change to activities formerly throughout the summer. Because the allowed under General category rules fishery has already begun and has caused confusion. Due to this tournaments are currently taking place, DEPARTMENT OF COMMERCE confusion, many permit holders providing prior notice and an obtained Atlantic Tunas General opportunity for public comment on National Oceanic and Atmospheric category vessel permits in error. Due to allowing fishermen who intended to Administration the unique circumstances of the new fish under the new Angling category to HMS Angling permit requirement, this change from their incorrect permit 50 CFR Part 635 rule provides a 30 day period for category would effectively prevent these Atlantic Tunas General category permit [Docket No. 020325070–3146–04; I.D. fishermen from being allowed to fish. 071299C] holders to change their permit category and obtain Atlantic HMS Angling Because this rule relieves a restriction RIN 0648–AM91 category permits. Pending receipt of a by allowing an otherwise prohibited new permit, permit holders are subject permit change, it is not subject to a 30– Atlantic Highly Migratory Species to the regulations applicable to their day delay in effective date pursuant to (HMS); Fishing Vessel Permits; Charter currently held permits. 5 U.S.C. 553(d)(1). Boat Operations; Temporary Rule Permit Category Changes NMFS will rapidly communicate this AGENCY: National Marine Fisheries action to fishery participants through its Service (NMFS), National Oceanic and NMFS maintains an automated FAX network and HMS Information Atmospheric Administration, permitting system for the issuance of Line. Commerce. Atlantic tunas vessel permits and HMS Angling vessel permits. To make a Because prior notice and opportunity ACTION: Final rule; temporary rule. permit category change under this for public comment are not required for this rule by 5 U.S.C. 553, or by any other SUMMARY: This rule provides a limited temporary rule, dial (888) 872–8862 and law, the analytical requirements of the time during which Atlantic Tunas press ‘‘0’’ from the main menu to reach Regulatory Flexibility Act, 5 U.S.C. 601 General category permit holders may a Customer Service representative. et seq., are inapplicable. change to the new Atlantic HMS Classification Angling category. This one-time This action is not significant within This rule is published under the allowance is meant to alleviate the meaning of Executive Order 12866. authority of the Magnuson-Stevens confusion resulting from the Fishery Conservation and Management Dated: June, 9, 2003. establishment of this new permit Act (Magnuson-Stevens Act) and the William T. Hogarth, category. Atlantic Tunas Convention Act. Assistant Adminstrator for Fisheries, National DATES: Effective June 9, 2003, through The Assistant Administrator for Marine Fisheries Service. July 9, 2003. All permit changes must be Fisheries, NOAA (AA), has determined [FR Doc. 03–14863 Filed 6–9–03; 1:12 pm] made by July 9, 2003. that this rule is consistent with the BILLING CODE 3510–22–S

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Proposed Rules Federal Register Vol. 68, No. 113

Thursday, June 12, 2003

This section of the FEDERAL REGISTER Administration (FAA), Transport • Include justification (e.g., reasons or contains notices to the public of the proposed Airplane Directorate, ANM–114, data) for each request. issuance of rules and regulations. The Attention: Rules Docket No. 2001–NM– Comments are specifically invited on purpose of these notices is to give interested 302–AD, 1601 Lind Avenue, SW., the overall regulatory, economic, persons an opportunity to participate in the Renton, Washington 98055–4056. environmental, and energy aspects of rule making prior to the adoption of the final the proposed rule. All comments rules. Comments may be inspected at this location between 9 a.m. and 3 p.m., submitted will be available, both before Monday through Friday, except Federal and after the closing date for comments, DEPARTMENT OF TRANSPORTATION holidays. Comments may be submitted in the Rules Docket for examination by via fax to (425) 227–1232. Comments interested persons. A report Federal Aviation Administration may also be sent via the Internet using summarizing each FAA-public contact the following address: 9-anm- concerned with the substance of this 14 CFR Part 39 [email protected]. Comments sent proposal will be filed in the Rules Docket. [Docket No. 2001–NM–302–AD] via fax or the Internet must contain ‘‘Docket No. 2001–NM–302–AD’’ in the Commenters wishing the FAA to RIN 2120–AA64 subject line and need not be submitted acknowledge receipt of their comments in triplicate. Comments sent via the submitted in response to this action Airworthiness Directives; Airbus Model Internet as attached electronic files must must submit a self-addressed, stamped A300 B2 and B4 Series Airplanes; be formatted in Microsoft Word 97 for postcard on which the following Model A300 B4–600, A300 B4–600R, Windows or ASCII text. statement is made: ‘‘Comments to and A300 F4–600R Series Airplanes The service information referenced in Docket Number 2001–NM–302–AD.’’ (Collectively Called A300–600); Model the proposed rule may be obtained from The postcard will be date stamped and A310 Series Airplanes; Model A319, Airbus Industrie, 1 Rond Point Maurice returned to the commenter. A320, and A321 Series Airplanes; Bellonte, 31707 Blagnac Cedex, France. Availability of NPRMs Model A330–301, –321, –322, –341, and This information may be examined at –342 Series Airplanes; and Model A340 Any person may obtain a copy of this the FAA, Transport Airplane Series Airplanes NPRM by submitting a request to the Directorate, 1601 Lind Avenue, SW., FAA, Transport Airplane Directorate, Renton, Washington. AGENCY: Federal Aviation ANM–114, Attention: Rules Docket No. Administration, DOT. FOR FURTHER INFORMATION CONTACT: Dan 2001–NM–302–AD, 1601 Lind Avenue, ACTION: Supplemental notice of Rodina, Aerospace Engineer, SW., Renton, Washington 98055–4056. proposed rulemaking; reopening of International Branch, ANM–116, FAA, comment period. Transport Airplane Directorate, 1601 Discussion Lind Avenue, SW., Renton, Washington A proposal to amend part 39 of the SUMMARY: This document revises an 98055–4056; telephone (425) 227–2125; Federal Aviation Regulations (14 CFR earlier proposed airworthiness directive fax (425) 227–1149. part 39) to add an airworthiness (AD), applicable to certain Airbus SUPPLEMENTARY INFORMATION: directive (AD) applicable to certain Model A300 B2 and B4 series airplanes; Airbus Model A300 B2 and B4 series Model A300 B4–600, A300 B4–600R, Comments Invited airplanes; Model A300 B4–600, A300 and A300 F4–600R series airplanes Interested persons are invited to B4–600R, and A300 F4–600R series (collectively called A300–600); Model participate in the making of the airplanes (collectively called A300– A310 series airplanes; Model A319, proposed rule by submitting such 600); Model A310 series airplanes; A320, and A321 series airplanes; Model written data, views, or arguments as Model A319, A320, and A321 series A330–301, –321, –322, –341, and –342 they may desire. Communications shall airplanes; Model A330–301, –321, –322, series airplanes; and Model A340 series identify the Rules Docket number and –341, and –342 series airplanes; and airplanes; that would have required, be submitted in triplicate to the address Model A340 series airplanes; was among other actions, replacement of specified above. All communications published as a notice of proposed certain pitot probes with certain new received on or before the closing date rulemaking (NPRM) in the Federal pitot probes. This new action would for comments, specified above, will be Register on December 4, 2002 (67 FR revise the replacement procedures of the considered before taking action on the 72115) (hereafter referred to as the proposed AD by requiring enlargement proposed rule. The proposals contained ‘‘original NPRM’’). That original NPRM of the holes for the pitot probes. The in this action may be changed in light would have required, among other actions specified by this new proposed of the comments received. actions, replacement of certain pitot AD are intended to prevent loss or Submit comments using the following probes with certain new pitot probes. fluctuation of indicated airspeed, which format: That original NPRM was prompted by could result in seriously misleading • Organize comments issue-by-issue. several cases of loss or fluctuation of information being provided to the For example, discuss a request to indicated airspeed when flying through flightcrew. This action is intended to change the compliance time and a heavy precipitation or freezing weather address the identified unsafe condition. request to change the service bulletin conditions. The probable cause has been DATES: Comments must be received by reference as two separate issues. attributed to the presence of ice crystals July 7, 2003. • For each issue, state what specific and/or water exceeding the weather ADDRESSES: Submit comments in change to the proposed AD is being limits for which the pitot probes are triplicate to the Federal Aviation requested. currently certified. Loss or fluctuation of

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indicated airspeed, if not corrected, Comments states that one of the manufacturers could result in inadvertent excursions Due consideration has been given to issued an alert service bulletin regarding outside the normal flight envelope. the comments received in response to unauthorized repairs on certain pitot the NPRM. static tubes found installed on a number Actions Since Issuance of Previous of airplane models. The commenter is Proposal Support for the Proposed NPRM concerned that additional airplane Since the issuance of the original One commenter, the manufacturer, models also may have similar NPRM, the Direction Ge´ne´rale de supports the content of the proposed discrepant pitot probes installed. In l’Aviation Civile (DGAC), which is the NPRM. addition, if a serious safety issue exists airworthiness authority for France, has for pitot probes manufactured per the Request to Correct Name of Parts requirements of Technical Standard issued a new revision to French Supplier airworthiness directive 2001–265(B) R1, Order TSO C–16, dated September 1, dated December 12, 2001, which was One commenter suggests changing all 1948, and amended April 16, 1951, the one of the French airworthiness references throughout the original applicability of the original NPRM may directives cited in the original NPRM. NPRM from BF Goodrich to Rosemount need to be expanded. We acknowledge the commenter’s This new revision, French airworthiness Aerospace Inc. The commenter states concern and may consider additional directive 2001–265(B) R2, dated that Rosemount Aerospace is the correct rulemaking to address that concern in November 13, 2002, among other things, legal name. The FAA concurs with this the future on certain airplanes. While specifies enlarging the holes for the request and has revised this there may be merit to the commenter’s pitot probes and clarifies the name of a supplemental NPRM accordingly. suggestions, this supplemental NPRM is parts manufacturer. Request To Delay Issuance of Proposal not the appropriate context in which to New revisions to two of the service One commenter states that it has no evaluate those suggestions. Since the bulletins that were cited in the original concerns with the actions required by suggested changes would alter the NPRM were issued to revise certain the original NPRM, and that those actions currently required by this procedures to specify the need to actions have been accomplished on all supplemental NPRM, additional enlarge certain holes when replacing the Model A319 and A320 series airplanes. rulemaking would be required. We find pitot probes. The various revisions to However, since this accomplishment, that to delay this action would be the two service bulletins are described the commenter has experienced a inappropriate in light of the identified as follows: continuation in airspeed anomalies. For unsafe condition. We do not concur that • A310–34–2154, Revision 01, dated this reason, the commenter states that it we should expand the applicability of April 19, 2000, was cited in the original will share such data with us, and this supplemental NPRM. No change to NPRM as an appropriate source of suggests that we conduct a more the applicability of this supplemental service information. The manufacturer extensive review of the experience of NPRM is necessary in this regard. later issued Revision 02, dated additional operators regarding airspeed anomalies before mandating any actions Request to Add a Service Bulletin November 5, 2001; Revision 03, dated Reference January 25, 2002; Revision 04, dated in an AD. Although we acknowledge the April 30, 2002; Revision 05, dated July One commenter states that a reference commenter’s concern, we do not concur 9, 2002; and Revision 06, dated August to Airbus Service Bulletin A320–34– that issuance of this proposed AD 6, 2002. All of these revisions add 1170, Revision 05, dated September 11, should be delayed until we receive airplanes in the effectivity of the service 2000, should be added to certain additional data regarding airspeed bulletin. However, Revision 04 of the paragraphs in the original NPRM, for anomalies. However, based on these service bulletin also includes certain airplanes. That service bulletin concerns, we encourage that additional procedures for enlarging the holes for describes procedures for replacing data be submitted to us by the installing the pitot probes. Revision 07, certain Thales (formerly Sextant) pitot commenter or others. We have dated October 8, 2002, which is cited in probes with new Rosemount Aerospace determined that to delay this action this supplemental NPRM as the pitot probes. would be inappropriate since an unsafe We do not concur for several reasons. appropriate source of information for condition exists, and that the revised First, the commenter did not specify any Model A310 series airplanes, also adds procedure for replacing the pitot probes justification for adding a reference to airplanes to the effectivity of the service must be accomplished to ensure Airbus Service Bulletin A320–34–1170. bulletin. continued safety. Additional rulemaking Second, French airworthiness directive • A300–34–6141, dated December 3, may be considered in the future, if 2001–265(B) R2 does not include a 2001, was cited in the original NPRM as warranted by additional data regarding reference to that service bulletin. In an appropriate source of service the identified unsafe condition. No addition, French airworthiness directive information. The manufacturer later change to this supplemental NPRM is 2001–362(B), dated August 8, 2001, issued Revision 01, dated February 20, necessary in this regard. states that airplanes equipped with 2002, to add airplanes to the effectivity certain pitot probes per Airbus Service Request To Expand the Applicability of of the service bulletin. Revision 02, Bulletin A320–34–1170 are not the Proposed NPRM dated April 30, 2002, was issued to applicable to the requirements of that provide procedures for enlarging the One commenter is concerned about airworthiness directive. No change to holes for installing the pitot probes. certain requirements in the original this supplemental NPRM is necessary in Revision 03, dated August 27, 2002, NPRM regarding the pitot probes used this regard. which is cited in this supplemental on certain airplane models. The NPRM as the appropriate source of commenter asks whether the unsafe Conclusion information for Model A300 B4–600R condition identified on one Since these changes expand the scope series airplanes, was issued to add manufacturer’s product line of pitot of the original NPRM, we have airplanes to the effectivity of the service probes also exists on the product lines determined that it is necessary to reopen bulletin. of other manufacturers. The commenter the comment period to provide

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additional opportunity for public 600R series airplanes (collectively proposed AD. The ‘‘Table—Cost comment. called A300–600); Model A310 series Figures’’ shows the estimated cost Cost Impact airplanes; Model A319, A320, and A321 impact for certain airplanes affected by series airplanes; Model A330–301, –321, this proposed AD. The average labor We estimate that 559 Model A300 B2 –322, –341, and –342 series airplanes of rate is $60 per work hour. ‘‘Table—Cost and B4 series airplanes; Model A300 U.S. registry would be affected by this Figures’’ is as follows: B4–600, A300 B4–600R, and A300 F4–

TABLE—COST FIGURES

U.S.-reg- Model istered Work hours Parts cost (estimated) Total cost (estimated) airplanes (estimated)

A300 B2 and A300 B4 ...... 24 Between 3 and 631 ... Between $120 and $56,669 per Between $300 and $94,529 per airplane (depending on air- airplane (depending on air- plane configuration). plane configuration). A300 B4–600, A300 B4–600R, 83 3 ...... $5,700 ...... $488,040, or $5,880 per airplane. and A300 F4–600R (collec- tively called A300–600). A310 ...... 46 3 ...... $5,700 or $5,856 (depending on Between $270,480 and airplane configuration).. $277,656; or $5,880 and $6,036 per airplane (depending on airplane configuration). A319, A320, and A321 ...... 397 3 ...... $6,000 ...... $2,453,460, or $6,180 per air- plane. A330–301, –321, –322, –341, 9 3 ...... $6,000 or $11,100 (depending on Between $55,620 and 101,520; and –342. airplane configuration). or $6,180 and $11,280 per air- plane (depending on airplane configuration).

The cost impact figures in the table would be $6,180 or $11,280 per airplane location provided under the caption above are based on assumptions that no (depending on airplane configuration). ADDRESSES. operator has yet accomplished any of Regulatory Impact List of Subjects in 14 CFR Part 39 the proposed requirements of this AD action, and that no operator would The regulations proposed herein Air transportation, Aircraft, Aviation accomplish those actions in the future if would not have a substantial direct safety, Safety. effect on the States, on the relationship this AD were not adopted. The cost between the national Government and The Proposed Amendment impact figures discussed in AD the States, or on the distribution of Accordingly, pursuant to the rulemaking actions represent only the power and responsibilities among the time necessary to perform the specific authority delegated to me by the various levels of government. Therefore, Administrator, the Federal Aviation actions actually required by the AD. it is determined that this proposal Administration proposes to amend part These figures typically do not include would not have federalism implications 39 of the Federal Aviation Regulations incidental costs, such as the time under Executive Order 13132. (14 CFR part 39) as follows: required to gain access and close up, For the reasons discussed above, I planning time, or time necessitated by certify that this proposed regulation (1) PART 39—AIRWORTHINESS other administrative actions. is not a ‘‘significant regulatory action’’ DIRECTIVES Currently, there are no Airbus Model under Executive Order 12866; (2) is not a ‘‘significant rule’’ under the DOT 1. The authority citation for part 39 A340 series airplanes on the U.S. continues to read as follows: Register. However, should an affected Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and (3) if airplane be imported and placed on the Authority : 49 U.S.C. 106(g), 40113, 44701. promulgated, will not have a significant U.S. Register in the future, it would economic impact, positive or negative, § 39.13 [Amended] require approximately 3 work hours to on a substantial number of small entities 2. Section 39.13 is amended by accomplish the required actions, at an under the criteria of the Regulatory adding the following new airworthiness average labor rate of $60 per work hour. Flexibility Act. A copy of the draft directive: The cost of required parts would be regulatory evaluation prepared for this $6,000 or $11,100 (depending on Airbus: Docket 2001–NM–302–AD. action is contained in the Rules Docket. Applicability: The series airplanes, airplane configuration). Based on these A copy of it may be obtained by certificated in any category, listed in Table— figures, the cost impact of this AD contacting the Rules Docket at the Applicability:

TABLE—APPLICABILITY

Model and series Excluding airplanes modified per— Excluding airplanes equipped with—

A300 B2 and A300 B4 Airbus Modification No. 12236 in service (ref- None. erence Airbus Service Bulletin A300–34– 0166, dated March 30, 2001, in service).

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TABLE—APPLICABILITY—Continued

Model and series Excluding airplanes modified per— Excluding airplanes equipped with—

A300 B4–600, A300 B4–600R, and A300 F4– Airbus Modification No. 11858 in production None. 600R (collectively called A300–600) (reference Airbus Service Bulletin A300– 34–6116, dated June 19, 1998; Revision 01, dated August 7, 1998; or Revision 02, dated May 25, 2000; in service). or Airbus Modification No. 12223 in service (ref- erence Airbus Service Bulletin A300–34– 6141, dated December 3, 2001; or Revision 01, dated February 20, 2002); and on which concurrent incorporation of Airbus repair procedures to enlarge the holes for the pitot probes was accomplished; in service; or Airbus Modification No. 12223 in service (ref- erence Airbus Service Bulletin A300–34– 6141, Revision 02, dated April 30, 2002; or Revision 03, dated August 27, 2002; in service).

A310 Airbus Modification No. 11858 in production None. (reference Airbus Service Bulletin A310– 34–2137, dated June 19, 1998; Revision 01, dated August 7, 1998; or Revision 02, dated May 25, 2000; in service); or Airbus Modification No. 12223 in service (ref- erence Airbus Service Bulletin A310–32– 2154, dated January 13, 2000; Revision 01, dated April 19, 2000; Revision 02, dated November 05, 2001; or Revision 03, dated January 25, 2002); and on which concurrent incorporation of Airbus repair procedures to enlarge the holes for the pitot probes were accomplished; in service; or Airbus Modification 12223 in service (ref- erence Airbus A310–32–2154, Revision 04, dated April 30, 2002; Revision 05, dated July 9, 2002; Revision 06, dated August 6, 2002; or Revision 07, dated October 8, 2002; in service).

A319, A320, and A321 Airbus Modification 25998 in production (ref- Rosemount (formerly BF Goodrich or New erence Airbus Service Bulletin A320–34– Rosemount) pitot probes part number 1127, dated April 24, 1997, in service); 0851HL per Airbus Modification No. 25578 (reference Airbus Service Bulletin A320– 34–1170, dated April 12, 1979; Revision 01, dated March 14, 1980; Revision 02, dated April 10, 1980; Revision 03, dated March 23, 1981; Revision 04, dated October 1, 1981; or Revision 05, dated September 11, 2000.)

A330–301, –321, –322, –341, and –342 Airbus Modification No. 44836 in production None. (reference Airbus Service Bulletin A330– 34–3038, dated November 19, 1996, in service); or Airbus Modification No. 45638 in production (reference Airbus Service Bulletin A330– 34–3071, dated December 11, 1998, in service).

A340–211, –212, –213, –311, –312, and –313 Airbus Modification 44836 in production (ref- None. erence Airbus Service Bulletin A340–34– 4042, dated November 19, 1996, in serv- ice); or

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TABLE—APPLICABILITY—Continued

Model and series Excluding airplanes modified per— Excluding airplanes equipped with—

Airbus Modification 45638 in production (ref- erence Airbus Service Bulletin A340–34– 4079, dated December 11, 1998; Revision 01, dated May 27, 1999; or Revision 02, dated October 6, 1999; in service).

Note 1: This AD applies to each airplane For Model A300 B2 and A300 B4 Series For Model A330–301, –321, –322, –341, and identified in the preceding applicability Airplanes: Before or Concurrent –342 Series Airplanes: Replacement of provision, regardless of whether it has been Requirements Rosemount Pitot Probes otherwise modified, altered, or repaired in (b) For Model A300 B2 and A300 B4 series (g) Within 30 months after the effective the area subject to the requirements of this airplanes: Before or concurrently with the date of this AD, do the action specified in AD. For airplanes that have been modified, requirements of paragraphs (a)(2) of this AD, paragraph (g)(1) or (g)(2) of this AD, as altered, or repaired so that the performance as applicable, replace the Captain’s, First applicable. of the requirements of this AD is affected, the Officer’s, and standby Badin Crouzet pitot (1) For Model A330–301, –321, –322, –341, owner/operator must request approval for an probes in zones 121 and 122 between and –342 series airplanes: Replace the alternative method of compliance in STA881/FR6 and STA904FR7 with new Rosemount pitot probes in zones 121 and 122 accordance with paragraph (i) of this AD. The Badin Crouzet pitot probes (including with new Rosemount (formerly BF Goodrich) request should include an assessment of the replacement of O-rings, gaskets, and nuts pitot probes, per Airbus Service Bulletin effect of the modification, alteration, or repair with new parts; and modification of electrical A330–34–3038, dated November 19, 1996. on the unsafe condition addressed by this wiring and equipment of electrical wiring); (2) For Model A330–301 series airplanes: AD; and, if the unsafe condition has not been per Airbus Service Bulletin A300–34–069, Replace the Rosemount pitot probes in zones eliminated, the request should include Revision 05, dated April 8, 1982, as revised 121 and 122 with new Thales (formerly specific proposed actions to address it. by A300 Service Bulletin Change Notice 5A, Sextant) pitot probes, per Airbus Service Compliance: Required as indicated, unless dated February 16, 1987. Bulletin A330–34–3071, dated December 11, accomplished previously. (c) For Model A300 B2 and A300 B4 series 1998. To prevent loss or fluctuation of indicated airplanes, manufacturer’s serial numbers 002, airspeed, which could result in seriously 004 through 028 inclusive, 030 through 051 For Model A340–211, –212, –213, –311, –312, misleading information being provided to the inclusive: Before or concurrently with the and –313 Series Airplanes: Replace the flightcrew, accomplish the following: requirements of paragraph (b) of this AD, Rosemount Pitot Probes For Model A300 B2 and A300 B4 Series modify the relay box of the automatic ground (h) Within 30 months after the effective Airplanes; Model A300 B4–600, A300 B4– depression systems by doing all the actions date of this AD, do the actions specified in 600R, and A300 F4–600R (collectively called specified in the Accomplishment paragraph (h)(1) or (h)(2) of this AD, as Instructions of Airbus Service Bulletin A300– A300–600) Series Airplanes; and Model applicable. 21–053, Revision 2, dated January 3, 1980; A310 Series Airplanes: Replacement of Pitot (1) For Model A340–211, –212, –213, –311, per the service bulletin. Probes With New Pitot Probes –312, and –313 series airplanes: Replace the (d) For Model A300 B2 and A300 B4 series Rosemount pitot probes in zones 121 and 122 (a) Within 30 months after the effective airplanes, manufacturer’s serial numbers 002, with new Rosemount (formerly BF Goodrich) date of this AD, do the action specified in 005 through 007 inclusive, 009 through 014 pitot probes, per Airbus Service Bulletin paragraph (a)(1) or (a)(2) of this AD, as inclusive, 016, and 017: Before or A340–34–4042, dated November 19, 1996. applicable. concurrently with the requirements of (2) For Model A340–211, –212, and –311 (1) For Model A300 B2 and A300 B4 series paragraph (c) of this AD, do the actions series airplanes: Replace the Rosemount pitot airplanes; Model A300 B4–600, A300 B4– specified in paragraphs (d)(1) and (d)(2) of probes in zones 121 and 122 with new Thales 600R, and A300 F4–600R (collectively called this AD per Airbus Service Bulletin A300– (formerly Sextant) pitot probes, per Airbus A300–600) series airplanes; and Model A310 32–052, dated November 15, 1976. Service Bulletin A340–34–4079, dated series airplanes: Replace the Thales (formerly (1) Clean, restore paint coats, and apply December 11, 1998. This replacement must Sextant) pitot probes from the forward mystik tape 7355 to shock strut (barrel) of the be done before or concurrently with the fuselage panel between FR6 and FR7 with main landing gear. requirements of paragraph (h)(1) of this AD. new Rosemount (formerly BF Goodrich) pitot (2) Replace the lower arm link with a new, probes (including O-rings, gaskets, and nuts), reidentified lower arm lock link. Alternative Methods of Compliance per Airbus Service Bulletin A300–34–0166, (e) For Model A300 B2 and A300 B4 series (i) An alternative method of compliance or dated March 30, 2001 (for Model A300 B2 airplanes, manufacturer’s serial numbers 005 adjustment of the compliance time that and B4 series airplanes); Airbus Service through 007 inclusive, 009 through 012 provides an acceptable level of safety may be Bulletin A300–34–6116, Revision 02, dated inclusive: Before or concurrently with the used if approved by the Manager, May 25, 2000 (for Model A300 B4–600, A300 requirements of paragraph (b) of this AD, International Branch, ANM–116, FAA. B4–600R, and A300 F4–600R series modify the electronic racks, electrical wiring, Operators shall submit their requests through airplanes); or Airbus Service Bulletin A310– and cable routing by accomplishing all the an appropriate FAA Principal Maintenance 34–2137, Revision 02, dated May 25, 2000 actions specified in the Accomplishment Inspector, who may add comments and then (for Model A310 series airplanes); as Instructions of Airbus Service Bulletin A300– send it to the Manager, International Branch, applicable. 22–031, dated June 25, 1979, per the service ANM–116. (2) For Model A300 B4–600R, A310–203, bulletin. and A310–304 series airplanes: Replace the Note 2: Information concerning the Thales (formerly Sextant) pitot probes from For Model A319, A320, and A321 Series existence of approved alternative methods of the forward fuselage panel between FR6 and Airplanes: Replacement of Thales Pitot compliance with this AD, if any, may be FR7 with Thales or Sextant pitot probes Probes obtained from the International Branch, (including O-rings, gaskets, and nuts) per (f) For Model A319, A320, and A321 series ANM–116. Airbus Service Bulletin A300–34–6141, airplanes: Within 24 months after the Revision 03, dated August 27, 2002 (for effective date of this AD: Replace the Thales Special Flight Permits Model A300 B4–600R series airplanes); or (formerly Sextant) pitot probes in zones 125, (j) Special flight permits may be issued in Airbus Service Bulletin A310–34–2154, 9DA2, and 122 with new Thales pitot probes, accordance with §§ 21.197 and 21.199 of the Revision 07, dated October 8, 2002 (for per Airbus Service Bulletin A320–34–1127, Federal Aviation Regulations (14 CFR 21.197 Model A310 series airplanes); as applicable. dated April 24, 1997. and 21.199) to operate the airplane to a

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location where the requirements of this AD and texts of oral presentations should be were reported from January 1983 can be accomplished. captioned ‘‘Bath Seat NPR’’ and be through December 2002. The staff Note 3: The subject of this AD is addressed mailed to the Office of the Secretary, recommends a stability requirement that in French airworthiness directives 2001– Consumer Product Safety Commission, is essentially the same as the stability 362(B), dated August 8, 2001; and 2001– Washington, DC 20207, or delivered to requirement in the ASTM voluntary 265(B) R2, dated November 23, 2002. that office, room 502, 4330 East-West standard but requires testing on a slip- Highway, Bethesda, Maryland 20814. resistant surface. Issued in Renton, Washington, on June 6, The staff has identified 3 deaths and 2003. Requests and texts of oral presentations may also be submitted by facsimile to 17 non-fatal incidents or complaints Ali Bahrami, (301) 504–0127 or by e-mail to cpsc- involving children who were submerged Acting Manager, Transport Airplane [email protected]. or entrapped in bath seats that were Directorate, Aircraft Certification Service. reported from January 1983 through FOR FURTHER INFORMATION CONTACT: For [FR Doc. 03–14849 Filed 6–11–03; 8:45 am] December 2002. To address this hazard, information about the purpose or BILLING CODE 4910–13–U the staff recommends a performance subject matter of this meeting contact requirement specifying that the bath Patricia L. Hackett, Project Manager, seat’s leg openings not allow passage of CONSUMER PRODUCT SAFETY Directorate for Engineering Sciences, probes that represent the shoulder and COMMISSION U.S. Consumer Product Safety torso of an infant. This requirement is Commission, Washington, DC 20207; identical to one that ASTM approved in 16 CFR Part 1500 telephone (301) 504–7577; e-mail: March 2003 for inclusion in its revised [email protected]. For information standard, ASTM F 1967–03. Public Meeting Concerning Bath Seat about the schedule for submission of The staff has identified 19 fatalities Rulemaking requests to make oral presentations and and 13 non-fatal incidents or complaints submission of texts of oral involving children coming out of bath AGENCY: Consumer Product Safety presentations, contact Rockelle Commission. seats that were reported from January Hammond, Office of the Secretary, 1983 through December 2002. The staff ACTION: Notice of public meeting. Consumer Product Safety Commission, has not been able to develop Washington, DC 20207; telephone (301) SUMMARY: The Consumer Product Safety performance criteria that could 504–6833; fax (301) 504–0127; e-mail Commission (‘‘CPSC’’ or ‘‘Commission’’) effectively address this hazard. The staff [email protected]. will conduct a public meeting on July recommends a revised warning label to 28, 2003 (possibly extending to July 29) SUPPLEMENTARY INFORMATION: better alert caregivers to the danger of leaving a child alone in a bath seat. to receive comments on the CPSC staff A. Background briefing package, which recommends B. The Public Meeting that the Commission issue a notice of In July 2000, the Commission proposed rulemaking proposing that received a petition from the Consumer The purpose of the public meeting is bath seats meet certain requirements. Federation of America (‘‘CFA’’) and to provide a forum for oral presentations The Commission invites oral eight other organizations requesting that on the CPSC staff briefing package presentations from members of the the Commission issue a rule that would concerning the bath seat NPR. Participation in the meeting is open. public with information or comments ban bath seats and bath rings (hereafter See the DATES section of this notice for related to the briefing package. The ‘‘bath seats’’) under the Federal information on making requests to give Commission will consider these Hazardous Substances Act (‘‘FHSA’’). oral presentations at the meeting and on presentations in its deliberations on the The Commission evaluated information making written submissions. rulemaking. from the CFA petition, a staff briefing package and public comments on the Dated: June 3, 2003. DATES: The meeting will begin at 9 a.m. petition. On May 30, 2001, the on July 28, 2003 and may continue to Todd A. Stevenson, Commission voted to grant the CFA Secretary, Consumer Product Safety July 29 if necessary. Requests to make petition and begin rulemaking. On oral presentations, and 10 copies of the Commission. August 1, 2001, the Commission [FR Doc. 03–14482 Filed 6–11–03; 8:45 am] text of the presentation, must be published an advance notice of BILLING CODE 6355–01–P received by the CPSC Office of the proposed rulemaking (‘‘ANPR’’) in the Secretary no later than July 21, 2003. Federal Register. 66 FR 39692. The Persons making presentations at the Commission received ten comments meeting should provide an additional ENVIRONMENTAL PROTECTION from nine individuals in response to the AGENCY 25 copies for dissemination on the date ANPR. of the meeting. The staff reviewed the comments and 40 CFR Part 62 The Commission reserves the right to relevant information and forwarded a limit the number of persons who make briefing package to the Commission. [IN156–1b; FRL–7512–5] presentations and the duration of their The staff recommends that the presentations. To prevent duplicative Commission issue a notice of proposed Approval and Promulgation of presentations, groups will be directed to rulemaking (‘‘NPR’’) that would propose Implementation Plans; Indiana; Plan designate a spokesperson. three requirements to address the three for Controlling Emissions From Written submissions, in addition to, main hazard scenarios the staff Existing Commercial and Industrial or instead of, an oral presentation may identified from the reported fatalities. Solid Waste Incinerators be sent to the address listed below and The staff recommends a stability AGENCY: Environmental Protection will be accepted until August 28, 2003. requirement to address the hazard of Agency (EPA). ADDRESSES: The meeting will be in room bath seats tipping over while in use. The ACTION: Proposed rule. 420 of the East-West Towers Building, staff has identified 30 fatalities and 80 4330 East-West Highway, Bethesda, MD. non-fatal incidents or complaints SUMMARY: The EPA is proposing to Requests to make oral presentations, involving bath seats tipping over that approve, through direct final procedure,

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the Commercial and Industrial Solid relation to this proposed rule. If EPA SUPPLEMENTARY INFORMATION: Waste Incineration plan submitted by receives meaningful written adverse I. What action is EPA taking today? the Indiana Department of comments, the direct final rule will be II. Where can I find more information about Environmental Management (IDEM). withdrawn and all public comments this proposal and corresponding direct The implementation plan affects received will be addressed in a final rule? selected incineration units and was subsequent final rule based on this submitted to EPA in a letter from Janet proposed rule. If no adverse written I. What Action Is EPA Taking Today? G. McCabe, IDEM Assistant comments are received, the direct final Commissioner on December 30, 2002, rule will take effect on the date stated The EPA is proposing to approve a following the required public process. in that document and no further activity revision to the Indiana plan submitted The intent of Indiana’s action is to will be taken on this proposed rule. Any by the State which demonstrates the satisfy a Federal requirement to develop party interested in commenting on this Indiana plan will protect the public a plan as protective as the emission action should do so at this time. health of the citizens of Indiana by guideline contained in Subpart DDDD, DATES: Comments on this action must be reducing emissions of air pollutants to control emissions from these received by July 14, 2003. including some hazardous pollutants categories of sources in order to protect from CISWI sources in the State. public health and reduce exposure to air ADDRESSES: Written comments should pollution including several hazardous be mailed to: J. Elmer Bortzer, Chief, II. Where Can I Find More Information pollutants. EPA is approving this plan Regulation Development Section, Air About This Proposal and because it fulfills the requirements of Programs Branch (AR–18J), USEPA, Corresponding Direct Final Rule? sections 111 and 129 of the Clean Air Region 5, 77 West Jackson Boulevard, For additional information see the Act. Chicago, Illinois 60604. In the Final Rules section of this A copy of the Indiana request for direct final rule published in the rules Federal Register, EPA is approving the revision to the State plan is available for section of this Federal Register. State plan for CISWI as a direct final inspection at the above address. Authority: 42 U.S.C. 4201–7601q. et seq. FOR FURTHER INFORMATION CONTACT: rule without prior proposal because we John Dated: May 29, 2003. view this action as noncontroversial and Paskevicz, Environmental Engineer, anticipate no adverse comments. If no Regulation Development Section, Air Bharat Mathur, written adverse comments are received Programs Branch (AR–18J), USEPA, Acting Regional Administrator, Region 5. in response to the direct final rule, no Region 5, 77 West Jackson Boulevard, [FR Doc. 03–14872 Filed 6–11–03; 8:45 am] further activity is contemplated in Chicago, Illinois 60604, (312) 886–6084. BILLING CODE 6560–50–P

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Notices Federal Register Vol. 68, No. 113

Thursday, June 12, 2003

This section of the FEDERAL REGISTER Agricultural Service, room 5530—South recent 3 years. The President delegated contains documents other than rules or Building, U.S. Department of this duty to the Secretary of Agriculture proposed rules that are applicable to the Agriculture, Washington, DC 20250– in Presidential Proclamation No. 6763, public. Notices of hearings and investigations, 1022, telephone at (202) 720–6278, or e- QUANTITY BASED SAFEGUARD committee meetings, agency decisions and mail [email protected]. TRIGGER dated December 23, 1994. The rulings, delegations of authority, filing of petitions and applications and agency SUPPLEMENTARY INFORMATION: Article 5 Secretary of Agriculture further statements of organization and functions are of the WTO Agreement on Agriculture delegated the duty to the Administrator examples of documents appearing in this provides that additional import duties of the Foreign Agricultural Service (7 section. may be imposed on imports of products CFR 2.43(a)(2)). The Annex to this subject to tariffication as a result of the notice contains the updated quantity Uruguay Round if certain conditions are trigger levels. DEPARTMENT OF AGRICULTURE met. The agreement permits additional Additional information on the duties to be charged if the price of an products subject to safeguards and the Foreign Agricultural Service individual shipment of imported additional duties which may apply can products falls below the average price be found in subchapter IV of Chapter 99 WTO Agricultural Safeguard Trigger for similar goods imported during the Levels of the Harmonized Tariff Schedule of years 1986–88 by a specified percentage. the United States and in the Secretary AGENCY: Foreign Agricultural Service, It also permits additional duties to be of Agriculture’s Notice of Safeguard USDA. imposed if the volume of imports of an Action, published in the Federal article exceeds the average of the most ACTION: Register at 60 FR 427, January 4, 1995. Notice of product coverage and recent 3 years for which data are Notice: As provided in section 405 of the trigger levels for safeguard measures available by 5, 10, or 25 percent, provided for in the World Trade Uruguay Round Agreements Act, consistent depending on the article. These with Article 5 of the Agreement on Organization (WTO) Agreement on additional duties may not be imposed Agriculture. Agriculture, the safeguard quantity trigger on quantities for which minimum or levels previously notified are supeceded by SUMMARY: This notice lists the updated current access commitments were made the levels indicated in the Annex to this quantity trigger levels for products, during the Uruguay Round negotiations, notice. which may be subject to additional and only one type of safeguard, price or quantity, may be applied at any given Issued at Washington, DC, this 4 day of import duties under the safeguard June. provisions of the WTO Agreement on time to an article. Section 405 of the Uruguay Round K.J. Roberts, Agriculture. It also includes the relevant Agreements Act requires that the Acting Administrator, Foreign Agricultural period applicable for trigger levels on President cause to be published in the Service, Annex. each of those products. Federal Register information regarding The definitions of these products EFFECTIVE DATE: June 12, 2003. the price and quantity safeguards, were provided in the Notice of FOR FURTHER INFORMATION CONTACT: including the quantity trigger levels, Safeguard Action published in the Charles R. Bertsch, Multilateral Trade which must be updated annually based Federal Register, at 60 FR 427, January Negotiations Division, Foreign upon import levels during the most 4, 1995.

QUANTITY-BASED SAFEGUARD TRIGGER

Product Trigger level Period

Beef ...... 1,186,106 mt ...... January 1, 2003 to December 31, 2003. Mutton ...... 17,117 mt ...... January 1, 2003 to December 31, 2003. Cream ...... 5,534,383 liters ...... January 1, 2003 to December 31, 2003. Evaporated or Condensed Milk ...... 7,455,620 kilograms ...... January 1, 2003 to December 31, 2003. Nonfat Dry Milk ...... 4,466,516 kilograms ...... January 1, 2003 to December 31, 2003. Dried Whole Milk ...... 3,564,465 kilograms ...... January 1, 2003 to December 31, 2003. Dried Cream ...... 7,653 kilograms ...... January 1, 2003 to December 31, 2003. Dried Whey/Buttermilk ...... 69,343 kilograms ...... January 1, 2003 to December 31, 2003. Butter ...... 13,733,235 kilograms ...... January 1, 2003 to December 31, 2003. Butter Oil and Butter Substitutes ...... 10,526,925 kilograms ...... January 1, 2003 to December 31, 2003. Dairy Mixtures ...... 4,895,300 kilograms ...... January 1, 2003 to December 31, 2003. Blue Cheese ...... 4,218,407 kilograms ...... January 1, 2003 to December 31, 2003. Cheddar Cheese ...... 15,619,014 kilograms ...... January 1, 2003 to December 31, 2003. American-Type Cheese ...... 21,653,472 kilograms ...... January 1, 2003 to December 31, 2003. Edam/Gouda Cheese ...... 8,310,586 kilograms ...... January 1, 2003 to December 31, 2003. Italian-Type Cheese ...... 18,789,008 kilograms ...... January 1, 2003 to December 31, 2003. Swiss Cheese with Eye Formation ...... 37,381,545 kilograms ...... January 1, 2003 to December 31, 2003. Gruyere Process Cheese ...... 8,092,469 kilograms ...... January 1, 2003 to December 31, 2003. Lowfat Cheese ...... 3,404,944 kilograms ...... January 1, 2003 to December 31, 2003. NSPF Cheese ...... 58,201,906 kilograms ...... January 1, 2003 to December 31, 2003. Peanuts ...... 64,394 mt ...... April 1, 2003 to March 31, 2003. Peanut Butter/Paste ...... 19,583 mt ...... January 1, 2003 to December 31, 2003.

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QUANTITY-BASED SAFEGUARD TRIGGER—Continued

Product Trigger level Period

Raw Cane Sugar ...... 1,358,418 mt ...... October 1, 2002 to September 30, 2003. 1,292,926 mt ...... October 1, 2003 to September 30, 2004. Refined Sugar and Syrups ...... 46,395 mt ...... October 1, 2002 to September 30, 2003. 66,348 mt ...... October 1, 2003 to September 30, 2004. Blended Syrups ...... 2 mt ...... October 1, 2002 to September 30, 2003. 0 mt ...... October 1, 2003 to September 30, 2004. Articles Over 65% Sugar ...... 10 mt ...... October 1, 2002 to September 30, 2003. Articles Over 10% Sugar ...... 80,886 mt ...... October 1, 2002 to September 30, 2003. 80,886 mt ...... October 1, 2003 to September 30, 2004. 0 mt ...... October 1, 2003 to September 30, 2004. Sweetened Cocoa Powder ...... 759 mt ...... October 1, 2002 to September 30, 2003. 843 mt ...... October 1, 2003 to September 30, 2004. Chocolate Crumb ...... 22,524,838 kilograms ...... January 1, 2003 to December 31, 2003. Lowfat Chocolate Crumb ...... 460,521 kilograms ...... January 1, 2003 to December 31, 2003. Infant Formula Containing Oligosaccharides ..... 125,000 kilograms ...... January 1, 2003 to December 31, 2003. Mixes and Doughs ...... 5,364 mt ...... October 1, 2002 to September 30, 2003. 5,358 mt ...... October 1, 2003 to September 30, 2004. Mixed Condiments and Seasonings ...... 523 mt ...... October 1, 2002 to September 30, 2003. 554 mt ...... October 1, 2003 to September 30, 2004. Ice Cream ...... 3,832, 905 liters ...... January 1, 2003 to December 31, 2003. Animal Feed Containing Milk ...... 5,772 kilograms ...... January 1, 2003 to December 31, 2003. Short Staple Cotton ...... 5,273,740 kilograms ...... September 20, 2002 to September 19, 2003. 328,762 kilograms ...... September 20, 2003 to September 19, 2004. Harsh or Rough Cotton ...... 0 mt ...... August 1, 2002 to July 31, 2003. 0 mt ...... August 1, 2003 to July 31, 2004. Medium Staple Cotton ...... 740,504 kilograms ...... August 1, 2002 to July 31, 2003. 175,688 kilograms ...... August 1, 2003 to July 31, 2004. Extra Long Staple Cotton ...... 6,562,505 kilograms ...... August 1, 2002 to July 31, 2003. 6,218,181 kilograms ...... August 1, 2003 to July 31, 2004. Cotton Waste ...... 0 kilograms ...... September 20, 2002 to September 19, 2003. 0 kilograms ...... September 20, 2003 to September 19, 2004. Cotton, Processed, Not Spun ...... 1,790 kilograms ...... September 11, 2002 to September 10, 2003. 1,042 kilograms ...... September 11, 2003 to September 10, 2004.

[FR Doc. 03–14550 Filed 6–11–03; 8:45 am] decisions. Newspaper publication of Region will give notice of decisions BILLING CODE 3410–10–M notice of decisions is in addition to subject to appeal under 36 CFR part 215 direct notice of decisions to those who in the following newspapers which are have requested it and to those who have listed by Forest Service administrative DEPARTMENT OF AGRICULTURE participated in project planning. unit. Responsible Officials in the Responsible Officials in the Southern Southern Region will also give notice of Forest Service Region will also publish notice of proposed actions under 36 CFR part 215 proposed actions under 36 CFR 215 in Newspapers to be Used for Publication in the following newspapers of record the newspapers that are listed in the of Legal Notice of Appealable which are listed by Forest Service SUPPLEMENTARY INFORMATION section of Decisions and Publication of Notice of administrative unit. The timeframe for this notice. As provided in 36 CFR part Proposed Actions for Southern comment on a proposed action shall be 215.5(a), the public shall be advised, Region; Alabama, Kentucky, Georgia, based on the date of publication of the through Federal Register notice, of the Tennessee, Florida, Louisiana, notice of the proposed action in the newspaper of record to be utilized for Mississippi, Virginia, West Virginia, newspaper of record. The timeframe for publishing notices on proposed actions. Arkansas, Oklahoma, North Carolina, appeal shall be based on the date of DATES: Use of these newspapers for South Carolina, Texas, Puerto Rico publication of the legal notice of the purposes of publishing legal notice of decision in the newspaper of record for AGENCY: Forest Service, USDA. decisions subject to appeal under 36 CFR parts 215 and 217, and notices of both 36 CFR parts 215 and 217. ACTION: Notice. proposed actions under 36 CFR part 215 Where more than one newspaper is SUMMARY: Deciding Officers in the shall begin on or after the date of this listed for any unit, the first newspaper Southern Region will publish notice of publication. listed is the newspaper of record that decisions subject to administrative FOR FURTHER INFORMATION CONTACT: will be utilized for publishing the legal appeal under 36 CFR parts 215 and 217 Cheryl Herbster, Regional Appeals notice of decisions and calculating in the legal notice section of the Coordinator, Southern Region, Planning, timeframes. Secondary newspapers newspapers listed in the SUPPLEMENTARY 1720 Peachtree Road, NW, Atlanta, listed for a particular unit are those INFORMATION section of this notice. As Georgia 30309, Phone: 404–347–5235. newspapers the Deciding Officer provided in 36 CFR part 215.5(a) and 36 SUPPLEMENTARY INFORMATION: Deciding expects to use for purposes of providing CFR part 217.5(d), the public shall be Officers in the Southern Region will additional notice. advised through Federal Register give legal notice of decisions subject to The following newspapers will be notice, of the newspaper of record to be appeal under 36 CFR part 217 and the used to provide notice. utilized for publishing legal notice of Responsible Officials in the Southern

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Southern Region The Dahlonega Nuggett, (secondary) London Ranger District: The Sentinel- published weekly (Wednesday) in Echo, published tri-weekly (Monday, Regional Forester Decisions Dahlonega, GA Wednesday, and Friday) in London, Affecting National Forest System Brasstown Ranger District: North KY lands in more than one state of the 14 Georgia News, (newspaper of record) Somerset Ranger District: states of the Southern Region and the published weekly (Wednesday), in Commonwealth-Journal, published Commonwealth of Puerto Rico Blairsville, GA daily (Sunday through Friday) in Atlanta Journal, published daily in Towns County Herald, (secondary) Somerset, KY Atlanta, GA. published weekly (Thursday) in Stearns Ranger District: McCreary Hiawassee, GA Affecting National Forest System County Record, published weekly The Dahlonega Nuggett, (secondary) (Tuesday) in Whitley City, KY lands in only one state of the 14 states published weekly (Wednesday) in Redbird Ranger District: Manchester of the Southern Region and the Dahlonega, GA Commonwealth of Puerto Rico or only Tallulah Ranger District: Clayton Enterprise, published weekly one Ranger District will appear in the Tribune, published weekly (Thursday) in Manchester, KY newspaper of record elected by the (Thursday) in Clayton, GA National Forests in Florida, Florida National Forest of that state or Ranger Chattooga Ranger District: Northeast District. Georgian, (newspaper of record) Forest Supervisor Decisions National Forests in Alabama, Alabama published bi-weekly (Tuesday & The Tallahassee Democrat, published Friday) in Cornelia, GA daily in Tallahassee, FL Forest Supervisor Decisions Chieftain & Toccoa Record, (secondary) District Ranger Decisions Montgomery Advertiser, published daily published bi-weekly (Tuesday & in Montgomery, AL Friday) in Toccoa, GA Apalachicola Ranger District: Calhourn- White County News Telegraph, Liberty Journal, published weekly District Ranger Decisions (secondary) published weekly (Wednesday) in Bristol, FL (Thursday) in Cleveland, GA Bankhead Ranger District: Northwest Lake George Ranger District: The Ocala The Dahlonega Nuggett, (secondary) Alabamian, published bi-weekly Star Banner, published daily in Ocala, published weekly (Thursday) in (Wednesday & Saturday) in FL Dahlonega, GA Haleyville, AL Chattooga Ranger District: Chatsowrth Osceola Ranger District: The Lake City Conecuh Ranger District: The Andalusia Times, published weekly Reporter, published daily (Monday– Star News, published Daily (Tuesday (Wednesday) in Chatsworth, GA Saturday) in Lake City, FL through Saturday) in Andalusia, AL Oconee Ranger District: Eatonton Seminole Ranger District: The Daily Oakmulgee Ranger District: The Messenger, published weekly Commercial, published daily in Tuscaloosa News, published daily in (Thursday) in Eatonton, GA Leesburg, FL Tuscaloosa, AL Wakulla Ranger District: The Shoal Creek Ranger District: The Cherokee National Forest, Tennessee Tallahassee Democrat, published Anniston Star, published daily in Forest Supervisor Decisions daily in Tallahassee, FL Anniston, AL Knoxville News Sentinel, published Francis Marion & Sumter National Talladega Ranger District: The Daily daily in Knoxville, TN Forest, South Carolina Home, published daily in Talladega, Al District Ranger Decisions Forest Supervisor Decisions Tuskegee Ranger District: Tuskegee Ocoee-Hiwassee Ranger District: Polk The State, published daily in Columbia, News, published weekly (Thursday) County News, published weekly SC in Tuskegee, Al (Wednesday) in Benton, TN District Ranger Decisions Caribbean National Forest, Puerto Rico Tellico Ranger District: Monroe County Advocate, published tri-weekly Enoree Ranger District: Newberry Forest Supervisor Decisions (Wednesday, Friday, and Sunday) in Observer, published tri-weekly El Nuevo Dia, published daily in Sweetwater, TN (Monday, Wednesday, and Friday), Nolichucky-Unaka Ranger District: Spanish in San Juan, PR Newberry, SC Greeneville Sun, publsiehd daily San Juan Star, published daily in Andrew Pickens Ranger District: The (except Sunday) in Greeneville, TN English in San Juan, PR Daily Journal, published daily in Watauga Ranger District: Johnson City Seneca, SC Press, published daily in Johnson Chattahoochee-Oconee National Forest, Long Cane Ranger District: The Augusta City, TN Georgia Chronicle, published in Augusta, GA Forest Supervisor Decisions Daniel Boone National Forest, Wambaw Ranger District: Post and Kentucky Courier, published daily in The Times, published daily in Charleston, SC Gainesville, GA Forest Supervisor Decisions Winterbee Ranger District: Post and District Ranger Decisions Lexington Herald-Leader, published Courier, published daily in daily in Lexington, KY Armuchee Ranger District: Walker Charleston, SC County Messenger, published bi- District Ranger Decisions George Washington and Jefferson weekly (Wednesday & Friday) in Morehead Ranger District: Morehead National Forests, Virginia and West LaFayette, GA News, published bi-weekly (Tuesday Virginia Toccoa Ranger District: The News and Friday) in Morehead, KY Forest Supervisor Decisions Observer (newspaper of record) Stanton Ranger District: The Clay City published bi-weekly (Tuesday & Times, published weekly (Thursday) Roanoke Times, published daily in Friday) in Blue Ridge, GA in Stanton, KY Roanoke, VA

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District Ranger Decisions National Forests in Mississippi, District Ranger Decisions Mississippi Lee Ranger District: Shenandoah Valley Caddo Ranger District: Arkansas Herald, published weekly Forest Supervisor Decisions Democrat-Gazette, published daily in Little Rock, AR (Wednesday) in Woodstock, VA Clarion–Ledger, published daily in Fourche Ranger District: Arkansas Warm Springs Ranger District: The Jackson, MS Recorder, published weekly Democrat-Gazette, published daily in (Thursday) in Monterey, VA District Ranger Decisions Little Rock, AR James River Ranger District: Virginian Bienville Ranger District: Clarion- Jessieville/Winona Ranger District: Review, published daily (except Ledger, published daily in Jackson, Arkansas Democrat-Gazette, Sunday) in Convington, VA MS published daily in Little Rock, AR Deerfield Ranger District: Daily News Chickasawhay Ranger District: Clarion- Mena/Oden Ranger District: Arkansas Leader, published daily in Staunton, Ledger, published daily in Jackson, Democrat-Gazette, published daily in VA MS Little Rock, AR Poteau/Cold Springs Ranger District: Dry River Ranger District: Daily News Delta Ranger District: Clarion-Ledger, Arkansas Democrat-Gazette, Record, published daily (except published daily in Jackson, MS published daily in Little Rock, AR Sunday) in Harrisonburg, VA De Soto Ranger District: Clarion Ledger, published daily in Jackson, MS Womble Ranger District: Arkansas New River Ranger District: Roanoke Democrat-Gazette, published daily in Times, published daily in Roanoke, Holly Springs Ranger District: Clarion- Ledger, published daily in Jackson, Little Rock, AR VA Oklahoma Ranger District (Choctaw; Glenwood/Pedlar Ranger District: MS Homochitto Ranger District: Clarion- Kiamichi; and Tiak): Tulsa World, Roanoke Times, published daily in Ledger, published daily in Jackson, published daily in Tulsa, OK Roanoke, VA MS New Castle Ranger District: Roanoke Ozark-St. Francis National Forest, Tombigbee Ranger District: Clarion- Arkansas Times, published daily in Roanoke, Ledger, published daily in Jackson, VA MS Forest Supervisor Decisions Mount Rogers National Recreation Area: The Courier, published daily (Tuesday Bristol Herald Courier, published in National Forests in North Carolina, through Sunday) in Russellville, AR daily in Bristol, VA North Carolina Clinch Ranger District: Kingsport-Times Forest Supervisor Decisions District Ranger Decisions News, published daily in Kingsport, Sylamore Ranger District: Stone County TN The Asheville Citizen-Times, published daily in Asheville, NC Leader, published weekly (Tuesday) Kisatchie National Forest, Louisiana in Mountain View, AR District Ranger Decisions Buffalo Ranger District: Newton County Forest Supervisor Decisions Appalachian Ranger District: The Times, published weekly in Jasper, The Town Talk, published daily in Asheville Citizen-Times, published AR Alexandria, LA daily in Asheville, NC Bayou Ranger District: The Courier, Cheoah Ranger District: Graham Star, published daily (Tuesday through District Ranger Decisions published weekly (Thursday) in Sunday) in Russellville, AR Caney Ranger Distriction: Minden Press Robbinsville, NC Pleasant Hill Ranger District: Johnson Herald, (newspaper of record) Croatan Ranger District: The Sun County Graphic, published weekly published daily in Minden, LA Journal, published daily (except (Wednesday) in Clarksville, AR Homer Guardian Journal, (secondary) Saturday) in New Bern, NC Boston Mountain Ranger District: published weekly (Wednesday) in Grandfather Ranger District: McDowell Southwest Times Record, published Homer, LA News, published daily in Marion, NC daily in Fort Smith, AR Catahoula Ranger District: The Town Highlands Ranger District: The Magazine Ranger District: Southwest Talk puublished daily in Alexandria, Highlander, published weekly (mid Times Record, published daily in Fort LA May–mid Nov, Tues & Fri; mid Nov– Smith, AR mid May, Tues only) in Highlands, St. Francis Ranger District: The Daily Calcasieu Ranger District: The Town NC World, published daily (Sunday Talk, (newspaper of record) published Pisgah Ranger District: The Asheville through Friday) in Helena, AR in daily in Alexandria, LA Citizen-Times, published daily in National Forests and Grasslands in The Leesville Ledger, (secondary) Asheville, NC published tri-weekly (Tuesday, Tusquitee Ranger District: Cherokee Texas, Texas Friday, and Sunday) in Leesville, LA Scout, published weekly (Wednesday) Forest Supervisor Decisions Kisatchie Ranger District: Natchitoches in Murphy, NC The Lufkin Daily News, published daily Times: published daily (Tuesday Unwharrie Ranger District: Montgomery in Lufkin, TX through Friday and on Sunday) Herald, published weekly Winn Ranger District: Winn Parish (Wednesday) in Troy, NC District Ranger Decisions Enterprise, by Wednesday) in Wayah Ranger District: The Franklin Angelina National Forest: The Lufkin Winnfield, LA Press, published bi-weekly (Tuesday Daily News, published daily in Land Between the Lakes National and Friday) in Franklin, NC Lufkin, TX Recreation Area, Kentucky and Ouachita National Forest, Arkansas Davy Crockett National Forest: The Tennessee and Oklahoma Lufkin Daily News, published daily in Lufkin, TX Area Supervisor Decisions Forest Supervisor Decisions Sabine National Forest: The Lufkin The Paducah Sun, published daily in Arkansas Democrat-Gazette, published Daily News, published daily in Paducah, KY daily in Little Rock, AR Lufkin, TX

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Sam Houston National Forest: The DATE AND TIME: Friday, June 20, 2003, telephone: (202) 482–3208, or (202) Courier, published daily in Conroe, 9:30 a.m. 482–0159, respectively. TX PLACE: U.S. Commission on Civil Rights, Critical Circumstances Caddo & LBJ National Grasslands: 624 Ninth Street, NW., Room 540, Denton Record-Chronicle, published Washington, DC 20425. In the Federal Register of May 28, daily in Denton, TX 2003, in 68 FR 31681 in the second Agenda column, correct the first sentence of the Dated: June 6, 2003. second paragraph and add an additional Roberta A. Moltzen, I. Approval of Agenda II. Approval of Minutes of May 9, 2003 sentence to read: Deputy Regional Forester. Meeting ‘‘On January 24, 2003, the [FR Doc. 03–14842 Filed 6–11–03; 8:45 am] III. Closed Meeting to Discuss Personnel Department, pursuant to section 733(e) BILLING CODE 3410–11–M Matter of the Tariff Act of 1930, as amended IV. Staff Director’s Report (‘‘the Act’’), made preliminary V. Staff Director’s Report determinations regarding critical DEPARTMENT OF AGRICULTURE VI. State Advisory Committee Report: Civil circumstances for the four mandatory Rights Concerns in the Metropolitan Forest Service Washington, DC Area in the Aftermath of respondents: An Giang Fisheries Import the September 11, 2001, Tragedies Export Joint Stock Company (‘‘Agifish’’), Okanogan and Wenatchee National (Washington, DC, Maryland, and Can Tho Agricultural and Animal Forests Resource Advisory Committee Virginia) Products Import Export Company VII. Ten-Year Check-Up: Have Federal (‘‘CATACO’’) Nam Viet Company AGENCY: Forest Service, USDA. Agencies Responded to Civil Rights Limited (‘‘Nam Viet’’), Vinh Hoan ACTION: Notice of alternate meeting date. Recommendations?: Volume III Company Limited (‘‘Vinh Hoan’’), as IX. Briefing on Racial and Cross-National well as for the Vietnam-wide entity. We SUMMARY: An alternate date of June 24 Disparities in Prisoner Incarceration made affirmative preliminary critical is being proposed for the Okanogan and Rates X. Future Agenda Items circumstances determinations for Nam Wenatchee National Forests Resource Viet and the Vietnam-wide entity only, CONTACT PERSON FOR FURTHER Advisory Committee meeting that is and we did not find a sufficient basis to INFORMATION: Les Jin, Press and scheduled for July 2, 2003. If a quorum believe or suspect critical circumstances Communications, (202) 376–7700. is not available for the July 2, 2003 with respect to Agifish, CATACO, or meeting, then this alternate meeting will Debra A. Carr, Vinh Hoan.’’ need to take place. The alternate Deputy General Counsel. Dated: June 6, 2003. meeting would be held at the Chelan [FR Doc. 03–15063 Filed 6–10–03; 4:00 pm] County Rural Fire District #1 office Barbara Tillman, located at 206 Easy Street, Wenatchee, BILLING CODE 6335–01–M Acting Deputy Assistant Secretary for Import Washington. The meeting would begin Administration, Group III. at 9 a.m. and continue until 3 p.m. [FR Doc. 03–14886 Filed 6–11–03; 8:45 am] Committee members would vote on DEPARTMENT OF COMMERCE BILLING CODE 3510–DS–S Kittitas County Project selection, and International Trade Administration review and select Chelan County projects proposed for Resource Advisory [A-552–801] DEPARTMENT OF COMMERCE Committee consideration under Title II International Trade Administration of the Secure Rural Schools and Notice of Affirmative Preliminary Community Self-Determination Act of Determination of Critical [A-570–877] 2000. All Okanogan and Wenatchee Circumstances for Voluntary Section A National Forests Resource Advisory Respondents: Certain Frozen Fish Notice of Antidumping Duty Order: Committee meetings are open to the Fillets From the Socialist Republic of Lawn and Garden Steel Fence Posts public. Interested citizens are welcome Vietnam; Correction. from the People’s Republic of China to attend. To verify meeting status AGENCY: Import Administration, AGENCY: Import Administration, please call 509–662–4335. International Trade Administration, International Trade Administration, FOR FURTHER INFORMATION CONTACT: Department of Commerce. Department of Commerce. Direct questions regarding this meeting ACTION: Notice; Correction. ACTION: Notice of antidumping duty to Paul Hart, Designated Federal order. Official, USDA, Wenatchee National SUMMARY: The Department of Commerce Forest, 215 Melody Lane, Wenatchee, published a notice in the Federal EFFECTIVE DATE: June 12, 2003. Washington 98801, 509–662–4335. Register on May 28, 2003, concerning FOR FURTHER INFORMATION CONTACT: Dated: June 5, 2003. preliminary critical circumstances for Salim Bhabhrawala or Chris Welty, Certain Frozen Fish Fillets from the Darrel L. Kenops, Group II, Office 5, Import Socialist Republic of Vietnam. The Administration, International Trade Forest Supervisor, Okanogan and Wenatchee document contained incorrect National Forests. Administration, U.S. Department of information at Paragraph 2. [FR Doc. 03–14846 Filed 6–11–03; 8:45 am] Commerce, 14th Street and Constitution EFFECTIVE DATE: June 12, 2003. BILLING CODE 3410–11–M Avenue, NW, Washington, DC 20230; FOR FURTHER INFORMATION CONTACT: Alex telephone: (202) 482–1784, (202) 482– Villanueva or James C. Doyle, AD/CVD 0186, respectively. Enforcement Group III, Office 9, Import SUPPLEMENTARY INFORMATION: COMMISSION ON CIVIL RIGHTS Administration, International Trade Case History Sunshine Act Meeting Administration, U.S. Department of Commerce, 14th Street and Constitution On April 25, 2003, the Department of AGENCY: Commission on Civil Rights. Avenue, NW., Washington, DC 20230; Commerce (the Department) published

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its final determination in the 3 inches wide, in 5, 6, 7, and 8 foot Nanyang Import & Export Corporation, antidumping duty investigation of lawn lengths. Heavy duty posts normally which was produced by Tianjin and garden steel fence posts from the weigh approximately 0.90 pounds per Shenyuan Steel Company, Ltd. or People’s Republic of China (PRC). See foot and are packaged in mini-bundles Tianjin Sunny Steel Products Company, Notice of Final Determination of Sales of 5 and master bundles of 200. Both Ltd., and (2) subject merchandise at Less Than Fair Value: Lawn and light duty and heavy duty posts are exported by Shanghai BaoSteel Garden Steel Fence Posts from the included within the scope of the order. International Economic and Trading People’s Republic of China, 68 FR 20373 Imports of these products are Co., Ltd., which was produced by (April 25, 2003) (Final Determination). classified under the Harmonized Tariff Hangzhou Hongyuan Sporting Goods On June 2, 2003, the International Schedule of the United States (HTSUS) Co., Ltd., both of which received de Trade Commission (the ITC) notified the subheading 7326.90.85.35. Fence posts minimis antidumping duty margins. Department of its final determination classified under subheading 7308.90 are The antidumping duties will be pursuant to section 735(b)(1)(A)(i) of the also included within the scope of the assessed on all unliquidated entries of Tariff Act of 1930, as amended (the Act), order if the fence posts are made of steel lawn and garden steel fence posts that an industry in the United States is and/or metal. subject to this order, entered, or materially injured by reason of less- Specifically excluded from the scope than-fair-value imports of subject are other posts made of steel and/or withdrawn from warehouse, for merchandise from the PRC. other metal including ‘‘tee’’ posts, farm consumption on or after December 4, posts, and sign posts, regardless of 2002, the date of publication of the Scope of Order weight.1 Although the HTSUS Department’s preliminary determination For purposes of this order, the subheadings are provided for in the Federal Register. See Notice of products covered consist of all ‘‘U’’ convenience and customs purposes, the Preliminary Determination of Sales at shaped or ‘‘hat’’ shaped lawn and written description of the merchandise Less Than Fair Value and Postponement garden fence posts made of steel and/or under order is dispositive. of Final Determination: Lawn and any other metal, weighing 1 pound or Garden Steel Fence Posts from the less per foot, and produced in the PRC. Antidumping Duty Order People’s Republic of China, 67 FR 72141 The fence posts included within the On June 2, 2003, in accordance with (December 4, 2002). Finally, we will scope of this order weigh up to 1 pound section 735(d) of the Act, the ITC instruct BCBP to liquidate without per foot and are made of steel and/or notified the Department of its final regard to antidumping duties and to any other metal. Imports of these determination that the industry in the refund all cash deposits or bonds posted products are classified under the United States producing lawn and on subject merchandise exported by following categories: fence posts, garden steel fence posts is materially China Nanyang Import & Export studded with corrugations, knobs, studs, injured within the meaning of section Corporation, which was produced by notches or similar protrusions with or 735(b)(1)(A)(i) of the Act by reason of Tianjin Shenyuan Steel Company, Ltd. without anchor posts and exclude round imports of the subject merchandise from or Tianjin Sunny Steel Products or square tubing or pipes. the PRC. Company, Ltd. These posts are normally made in two Therefore, in accordance with section different classes, light and heavy duty. 736(a)(1) of the Act, the Department will On or after the date of publication of Light duty lawn and garden fence posts direct the U.S. Bureau of Customs and this notice in the Federal Register, the are normally made of 14 gauge steel Border Protection (BCBP) to assess, BCBP must require, at the same time as (0.068 inches - 0.082 inches thick), 1.75 upon further advice by the Department, importers would normally deposit inches wide, in 3, 4, 5, or 6 foot lengths. antidumping duties equal to the amount estimated duties, a cash deposit equal to These posts normally weigh by which the normal value of the the estimated weighted-average approximately 0.45 pounds per foot and subject merchandise exceeds the export antidumping duty margins as noted are packaged in mini-bundles of 10 price or constructed export price of the below. The ‘‘PRC-Wide Rate’’ rate posts and master bundles of 400 posts. subject merchandise for all relevant applies to all non-excluded exporters of Heavy duty lawn and garden steel fence entries of lawn and garden steel fence subject merchandise not specifically posts are normally made of 13 gauge posts from the PRC, except for (1) listed. The weighted-average dumping steel (0.082 inches - 0.095 inches thick), subject merchandise exported by China margins are as follows:

Manufacturer/exporter Weighted-Average Margin (percent)

Hebei Metals and Minerals Imports and Export Corporation ...... 6.60 PRC-Wide Rate ...... 15.61

to help secure fencing to them and have primarily 1 Tee posts are made by rolling red hot steel into farm and industrial uses. a ‘‘T’’ shape. These posts do not have tabs or holes

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This notice constitutes the 300 days after the date on which the SUMMARY: This Fisheries Disaster antidumping duty order with respect to preliminary determination is published. program provides assistance for the blue lawn and garden steel fence posts from crab fishing industry which has been Postponement of Final Results the PRC, pursuant to section 736(a) of adversely affected by reduced harvests the Act. Interested parties may contact On July 18, 2002, the Department and sales of blue crab. the Department’s Central Records Unit, published a notice of initiation of DATES: Your application must be Room B-099 of the Main Commerce administrative review of the received by close of business 5 p.m. Building, for copies of an updated list antidumping duty order on tapered eastern daylight time on June 27, 2003. roller bearings and parts thereof, of antidumping duty orders currently in ADDRESSES: You can obtain an effect. finished and unfinished, from the application package from, NMFS, This order is issued and published in People’s Republic of China, covering the Southeast Region, State/Federal Liaison accordance with section 736(a) of Act period June 1, 2001 to May 31, 2002 (67 Office, 9721 Executive Center Drive N., and 19 CFR 351.211(b). FR 48435). On February 14, 2003, the St. Petersburg, FL 33702; (727–570– Department published the preliminary Dated: June 6. 2003. 5324) or the NMFS, Northeast Region, results and partial rescission of this Joseph A. Spetrini, State, Federal and Constituent Programs administrative review of TRBs from the Office, One Blackburn Drive, Acting Assistant Secretary for Import PRC. See Tapered Roller Bearings and Administration. Gloucester, MA 01930; (978–281–9243). Parts Thereof, Finished and Unfinished, You may also obtain forms from: http:/ [FR Doc. 03–14887 Filed 6–11–03; 8:45 am] From the People’s Republic of China: BILLING CODE 3510–DS–S /caldera.sero.nmfs.gov/grants/ Preliminary Results of 2000–2001 grants.htm. Administrative Review and Partial Rescission of Review, 68 FR 7500 FOR FURTHER INFORMATION CONTACT: Ellie DEPARTMENT OF COMMERCE (February 14, 2003) (‘‘Preliminary Francisco Roche, Chief, State/Federal Liaison Office, NMFS Southeast Region International Trade Administration Results’’). In the Preliminary Results we stated that we would make our final at 727–570–5324; [email protected] determination for the antidumping duty or Harry Mears, Director, State, Federal [A-570–601] investigation no later than 120 days and Constituent Programs Office, NMFS after the date of publication of the Northeast Region at 978–281–9243; Notice of Postponement of Final [email protected] Results of 2001–2002 Administrative preliminary results (i.e., February 14, Review: Tapered Roller Bearings and 2003). SUPPLEMENTARY INFORMATION: Due to the complexity of the issues, Parts Thereof, Finished and the Department concludes that these I. Authority Unfinished, from the People’s Republic reviews are extraordinarily complicated. We are soliciting applications for of China See Memorandum from Team to Jeffrey Federal assistance pursuant to Division AGENCY: Import Administration, May, ‘‘Extension of Time Limit for Final N, Title V, Section 501 (Fisheries International Trade Administration, Results,’’ dated, June 6, 2003. Therefore, Disasters),of the Consolidated Department of Commerce. the Department is extending the time Appropriations Resolution, 2003 Public DATES: June 12, 2003. limit for completion of these final Law 108–7. Catalog of Federal Domestic results to not later than July 16, 2003, Assistance Number: 11.452 Unallied FOR FURTHER INFORMATION CONTACT: in accordance with section 751(a)(3)(A) Industry Projects Anthony Grasso at (202) 482–3853 or of the Act. Andrew Smith at 202–482–1276, Import This extension is in accordance with II. Program Description and Purpose Administration, International Trade section 751(a)(3)(A) and 777(i)(1) of the Assistance, as described below, is Administration, U.S. Department of Act. being provided to blue crab fisheries Commerce, 14th Street and Constitution Dated: June 6, 2003. affected by reduced harvests and sales Avenue, NW, Washington, DC 20230. of blue crab in proportion to the amount Jeffrey May, Statutory Time Limits of the catch landed by each State. Funds Deputy Assistant Secretary for Import may be used only for: personal Administration. Section 751(a)(3)(A) of the Tariff Act assistance with priority given to food, of 1930, as amended (‘‘the Act’’), [FR Doc. 03–14885 Filed 6–11–03; 8:45 am] energy needs, housing assistance, requires the Department to issue the BILLING CODE 3510–DS–S transportation fuel, and other urgent preliminary results of an administrative needs; assistance for small businesses review within 245 days after the last day including fishermen, fish processors, DEPARTMENT OF COMMERCE of the anniversary month of an order for and related businesses serving the which a review is requested and a final fishing industry; domestic product determination within 120 days after the National Oceanic and Atmospheric Administration marketing and seafood promotion; and date on which the preliminary results state seafood testing programs. are published. However, if it is not [Docket No. 030523132–3132–01; I.D. practicable to complete the review 051603B] III. Funding Availability within the time period, section Approximately $5.0 million will be 751(a)(3)(A) of the Act allows the Financial Assistance for Fisheries available in fiscal year (FY) 2003 for Department to extend these deadlines to Disasters; Blue Crab Fishery new projects for blue crab fisheries a maximum of 365 days and 180 days, AGENCY: National Marine Fisheries affected by reduced harvests and sales respectively. Further, the Department Service (NMFS), National Oceanic and of blue crab in proportion to the amount may extend the time for making a final Atmospheric Administration (NOAA), of the catch landed by each state. determination without extending the Commerce. time for making a preliminary IV. Funding Period and Restrictions ACTION: Notice of solicitation for determination, if such final Grants will be awarded for a applications. determination is made not later than maximum period of 36 months. Not

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more than 5 percent of grant funds may time will not be considered for funding. Following the merit review, the be used for administrative expenses, All incomplete applications will be applications will be provided to the and no funds may be used for lobbying returned to the applicant. Regional Administrator, Southeast activities or representational expenses. Applications received after the Region or the Regional Administrator, Construction is not an allowable activity deadline (see DATES) will not be Northeast Region who are the selecting under this program, so applications will considered for funding. Postmark prior officials for their respective regions. In not be accepted for construction to the end of the receipt period will not determining the projects to be projects. be sufficient. Facsimile applications recommended for funding, the Regional will not be accepted. Generally, Administrators will consider the V. Cost Sharing applicants will be notified within 45 evaluation and rankings of the review Cost-sharing is not required for this days from the date of publication of this panel members, along with the fisheries disaster program. notice whether their applications have following selection factors: Availability been recommended for funding. It may of funding; balance/distribution of VI. Eligibility Information take up to an additional 30 days for the funds by geography/institutions/project State, local and Indian tribal Grants Office to process the awards. types; duplication of effort through governments and institutions of higher Applicants should consider this other projects funded or considered for education are eligible to apply. processing time in developing requested funding by NOAA or other federal start dates for their applications. VII. Application Information agencies; program priorities and policy VIII. Application Review and Selection factors; applicants’ prior award Content, Form and Submission of Process performance; and partnerships with/ Applications participation of targeted groups. When we receive applications we will Project applications must include a screen them to ensure the following: IX. Award Administration Information narrative project description to include that they were received by the deadline 1. Award Notices - Successful (1) documentation that the blue crab date (see DATES); that the included SF applicants of proposed projects fisheries have been affected by reduced 424 was signed and dated by an generally will be notified approximately harvests and sales of blue crab; (2) authorized and eligible representative; within 30 days from the date of documentation of the amount of blue that the proposal addresses the program publication of this notice. Projects must crab landed in the state each year from purpose; and that a budget, statement of not be initiated until a signed award is 1999 to 2001; (3) project goals and work, milestones, and clearly identified received from the NOAA Grants Office. objectives which provide a clear principal investigators and Unsuccessful applications will be presentation of the proposed work; (4) a organizations carrying out work under returned to the applicant. statement of work (project design and the proposed project are included. 2. Administrative Requirements - If management, including who is Merit Review - Applications you are selected to receive a grant award responsible, expected products, and responsive to this solicitation will be for a project, you must: participants other than the applicant; (5) evaluated by three individuals having - Manage the day-to-day operations of methods for carrying out the project; expertise in fisheries disaster funding the project, be responsible for the and (6) a summary of the existing state assistance in order to determine their performance of all activities for which of knowledge related to the project, and merit. Reviewers will assess the funds are granted, and be responsible contribution and relevance of how the applications on the criteria listed below, for the satisfaction of all administrative proposed activities will fulfill the which are weighted equally. Each and managerial conditions imposed by purposes of the disaster assistance, as reviewer will provide individual the award. described in Section II above. Project evaluations of the proposals. Based on - Keep records sufficient to document applications must identify the principal these individual evaluations, NMFS, as any costs incurred under the award, and participants and include copies of any applicable, will rank the applications allow access to these records for audit agreements describing the specific tasks received on behalf of the blue crab and examination by the Secretary of to be performed by those participants. A fisheries fishing industries of each the Commerce, the Comptroller General of budget, which includes a detailed state. the United States, or their authorized breakdown by category of expenditures, The following Evaluation Criteria will representatives; and, submit financial with appropriate cost estimates and be applied by the reviewers: (1) status reports (SF 269) to the NOAA justifications as they relate to specific Importance/relevance and applicability Grants Office in accordance with the aspects of the project, must be provided. of the application - how the application award conditions. Applications must be one-sided and relates to the accomplishments of the 3. Reporting - Successful applicants unbound. You must submit one signed program’s purpose; (2) Technical and/or will be required to: original and two signed copies of the scientific merit - whether the - Submit semiannual project status completed application (including application has sufficient technical and reports on the use of funds and supporting information). We will accept scientific merit that will adequately describing the progress of the project neither facsimile applications, nor address project goals and objectives; (3) and other acceptable deliverable to electronically forwarded applications. Overall qualifications of the applicant - NMFS within 30 days after the end of The three copies (one original and experience with the fishing industry; (4) each 6–month period. You will submit two copies) should be submitted to Project costs - whether the proposed these reports to the individual identified either the NMFS Southeast Regional costs are reasonable and consistent with as the NMFS Program Officer in the Office, State/Federal Liaison Office or Section II, Program Description and funding agreement. the NMFS Northeast Regional Office, Purpose, and Section III, Funding - Submit a final report within 90 days State, Federal and constituent Programs Availability; and (5) Outreach and after completion of each project to the Office (see ADDRESSES). We must receive education - whether the scope of the NMFS Program Officer. The final report your application by close of business 5 applicant’s proposed activities are must describe the project and include p.m. eastern daylight time on June 27, sufficient to disseminate disaster relief an evaluation of the work you 2003. Applications received after that information. performed and the results and benefits

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in sufficient detail to enable us to assess required pursuant to 5 USC 553 or any quota status of these limits, refer to the the success of the completed project. other law, the analytical requirements of Quota Status Reports posted on the Upon request, we will provide you with the Regulatory Flexibility Act (5 USC bulletin boards of each Customs port, formats for the semiannual and final 601 et seq.) are inapplicable. Therefore, call (202) 927–5850, or refer to the reports. a regulatory flexibility analysis is not Bureau of Customs and Border We are committed to using available required and has not been prepared. Protection Web site at http:// technology to achieve the timely and Notwithstanding any other provision of www.customs.gov. For information on wide distribution of final reports to law, no person is required to respond to, embargoes and quota re-openings, refer those who would benefit from this nor shall any person be subject to a to the Office of Textiles and Apparel information. Therefore, you are penalty for failure to comply with, a Web site at http://otexa.ita.doc.gov. encouraged to submit final reports in collection of information subject to the SUPPLEMENTARY INFORMATION: electronic format, in accordance with Paperwork Reduction Act, unless that the award terms and conditions. The collection displays a currently valid Authority: Section 204 of the Agricultural costs associated with preparing and Office of Management and Budget Act of 1956, as amended (7 U.S.C. 1854); transmitting your final reports in (OMB) control number. This notice Executive Order 11651 of March 3, 1972, as electronic format to the grant award are contains collection-of-information amended. allowable expenses. requirements subject to the Paperwork The current limits for certain Reduction Act. The use of Standard categories are being reduced for X. Other Requirements Forms 424, and 269 has been approved carryforward used. The Department of Commerce Pre- by OMB under the respective control A description of the textile and Award Notification Requirements for numbers 0348–0043, and 0348–0039. apparel categories in terms of HTS Grants and Cooperative Agreements Dated: June 6, 2003. numbers is available in the contained in the Federal Register notice John Oliver, CORRELATION: Textile and Apparel of October 1, 2001 (66 FR 49917), as Deputy Assistant Administrator for Categories with the Harmonized Tariff amended by the Federal Register notice Operations, National Marine Fisheries Schedule of the United States (see published on October 30, 2002 (67 FR Service. Federal Register notice 68 FR 1599, 55109), are applicable to this [FR Doc. 03–14864 Filed 6–11–03; 8:45 am] published on January 13, 2002). Also solicitation. BILLING CODE 3510–22–S see 67 FR 63891, published on October Intergovernmental Review - 16, 2002. Applications under this program are James C. Leonard III, subject to the provisions of Executive COMMITTEE FOR THE Order 12372, Intergovernmental Review IMPLEMENTATION OF TEXTILE Chairman, Committee for the Implementation of Textile Agreements. of Federal Programs. Applicants must AGREEMENTS contact their State’s Single Point of Committee for the Implementation of Textile Contact (SPOC) to find out about and Adjustment of Import Limits for Certain Agreements comply with the State’s process under Cotton, Wool and Man-Made Fiber June 5, 2003. Executive Order 12372. The names and Textiles and Textile Products Commissioner, addresses of the SPOCs are listed in the Produced or Manufactured in the Office of Management and Budget’s Bureau of Customs and Border Protection, People’s Republic of China Washington, DC 20229. home page at http:// Dear Commissioner: This directive June 5, 2003. www.whitehouse.gov/omb/grants/ amends, but does not cancel, the directive spoc.html. AGENCY: Committee for the issued to you on October 9, 2002, by the Implementation of Textile Agreements Classification Chairman, Committee for the Implementation (CITA). of Textile Agreements. That directive This action has been determined to be ACTION: Issuing a directive to the concerns imports of certain cotton, wool, not significant for the purposes of Commissioner, Bureau of Customs and man-made fiber, silk blend and other Executive Order 12866. Border Protection adjusting limits. vegetable fiber textiles and textile products, Prior notice and an opportunity for produced or manufactured in China and public comment are not required by the EFFECTIVE DATE: June 12, 2003. exported during the twelve-month period which began on January 1, 2003 and extends FOR FURTHER INFORMATION CONTACT: Administrative Procedure Act for rules through December 31, 2003. concerning public property, loans, Naomi Freeman, International Trade Effective on June 12, 2003, you are directed grants, benefits, and contracts (5 USC Specialist, Office of Textiles and to reduce the limits for the following 553(a)(2)). Because notice and Apparel, U.S. Department of Commerce, categories, as provided for under the Uruguay opportunity for comment are not (202) 482–4212. For information on the Round Agreement on Textiles and Clothing:

Category Twelve-month limit 1

Sublevels in Group I 317/326 ...... 24,701,692 square meters of which not more than 4,589,417 square meters shall be in Category 326. 335 ...... 387,745 dozen. 336 ...... 194,035 dozen. 338/339 ...... 2,334,524 dozen of which not more than 1,783,565 dozen shall be in Categories 338–S/339–S 2. 340 ...... 796,599 dozen of which not more than 410,497 dozen shall be in Cat- egory 340–Z 3. 341 ...... 698,800 dozen of which not more than 426,831 dozen shall be in Cat- egory 341–Y 4. 342 ...... 279,419 dozen. 347/348 ...... 2,297,290 dozen.

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Category Twelve-month limit 1

351 ...... 639,733 dozen. 352 ...... 1,669,894 dozen. 361 ...... 4,733,235 numbers. 362 ...... 7,754,288 numbers. 363 ...... 22,632,509 numbers. 443 ...... 129,418 numbers. 445/446 ...... 280,700 dozen. 447 ...... 72,004 dozen. 614 ...... 13,495,825 square meters. 636 ...... 574,966 dozen. 638/639 ...... 2,493,889 dozen. 640 ...... 1,377,989 dozen. 641 ...... 1,303,838 dozen. 642 ...... 375,597 dozen. 644 ...... 3,572,431 numbers. 648 ...... 1,149,812 dozen. 651 ...... 851,427 dozen of which not more than 150,661 dozen shall be in Cat- egory 651–B 5. 652 ...... 3,200,952 dozen. 666pt. 6 ...... 516,784 kilograms. 1 The limits have not been adjusted to account for any imports exported after December 31, 2002. 2 Category 338–S: all HTS numbers except 6109.10.0012, 6109.10.0014, 6109.10.0018 and 6109.10.0023; Category 339–S: all HTS numbers except 6109.10.0040, 6109.10.0045, 6109.10.0060 and 6109.10.0065. 3 Category 340–Z: only HTS numbers 6205.20.2015, 6205.20.2020, 6205.20.2050 and 6205.20.2060. 4 Category 341–Y: only HTS numbers 6204.22.3060, 6206.30.3010, 6206.30.3030 and 6211.42.0054. 5 Category 651–B: only HTS numbers 6107.22.0015 and 6108.32.0015. 6 Category 666pt.: all HTS numbers except 5805.00.4010, 6301.10.0000, 6301.40.0010, 6301.40.0020, 6301.90.0010, 6302.53.0010, 6302.53.0020, 6302.53.0030, 6302.93.1000, 6302.93.2000, 6303.12.0000, 6303.19.0010, 6303.92.1000, 6303.92.2010, 6303.92.2020, 6303.99.0010, 6304.11.2000, 6304.19.1500, 6304.19.2000, 6304.91.0040, 6304.93.0000, 6304.99.6020, 6307.90.9884, 9404.90.8522 and 9404.90.9522.

The Committee for the Implementation of SUMMARY: On June 5, 2003, the SUPPLEMENTARY INFORMATION: Textile Agreements has determined that Chairman of CITA received a petition these actions fall within the foreign affairs Authority: Section 112(b)(5)(B) of the from Alston and Bird, L.L.P., on behalf AGOA; Section 213(b)(2)(A)(v)(II) of the exception to the rulemaking provisions of 5 of their client, Ge-Ray Fabrics, Inc., U.S.C. 553(a)(1). CBTPA, as added by Section 211(a) of the Sincerely, alleging that ring spun single yarn of CBTPA; Sections 1 and 6 of Executive Order James C. Leonard III, English yarn numbers 30 and 50, No. 13191 of January 17, 2001; Section 204 Chairman, Committee for the Implementation containing 50 percent or more, but less (b)(3)(B)(ii) of the ATPDEA, Presidential of Textile Agreements. than 85 percent, by weight of 0.9 denier Proclamation 7616 of October 31, 2002, Executive Order 13277 of November 19, [FR Doc.03–14826 Filed 6–11–03; 8:45 am] or finer micro modal fiber, mixed solely 2002, and the United States Trade BILLING CODE 3510–DR–S with U.S. origin extra long pima cotton, Representative’s Notice of Further classified in subheading 5510.30.000 of Assignment of Functions of November 25, the Harmonized Tariff Schedule of the 2002. COMMITTEE FOR THE United States (HTSUS), cannot be IMPLEMENTATION OF TEXTILE supplied by the domestic industry in Background AGREEMENTS commercial quantities in a timely The AGOA, the CBTPA, and the manner. The petition requests that ATPDEA provide for quota- and duty- Request for Public Comments on women’s and girls’ knit blouses, shirts, free treatment for qualifying textile and Commercial Availability Petition under lingerie, and underwear from such yarns apparel products. Such treatment is the African Growth and Opportunity or from U.S.-formed fabrics containing generally limited to products Act (AGOA), the United States- such yarns be eligible for preferential manufactured from yarns and fabrics Caribbean Basin Trade Partnership Act treatment under the AGOA, the CBTPA, formed in the United States or a (CBTPA), and the Andean Trade and the ATPDEA. CITA hereby solicits beneficiary country. The AGOA, the Promotion and Drug Eradication Act public comments on this request, in CBTPA, and the ATPDEA also provide (ATPDEA) particular with regard to whether such for quota- and duty-free treatment for yarns can be supplied by the domestic apparel articles that are both cut (or June 9, 2003. industry in commercial quantities in a knit-to-shape) and sewn or otherwise AGENCY: The Committee for the timely manner. Comments must be assembled in one or more beneficiary Implementation of Textile Agreements submitted by June 27, 2003 to the (CITA). countries from fabric or yarn that is not Chairman, Committee for the formed in the United States, if it has ACTION: Request for public comments Implementation of Textile Agreements, been determined that such fabric or yarn concerning a petition for a Room 3001, United States Department cannot be supplied by the domestic determination that certain ring spun of Commerce, 14th and Constitution industry in commercial quantities in a single yarns, made of micro modal fiber Avenue, NW. Washington, DC. 20230. timely manner. In Executive Order No. and U.S. pima cotton, cannot be FOR FURTHER INFORMATION CONTACT: 13191 (66 FR 7271) and pursuant to supplied by the domestic industry in Janet Heinzen, International Trade Executive Order No. 13277 (67 FR commercial quantities in a timely Specialist, Office of Textiles and 70305) and the United States Trade manner under the AGOA, the CBTPA, Apparel, U.S. Department of Commerce, Representative’s Notice of Redelegation and the ATPDEA. (202) 482-3400. of Authority and Further Assignment of

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Functions (67 FR 71606), the President will make available to the public non- activities for the performance period. delegated to CITA the authority to confidential versions of the request and The Corporation is uncertain as to determine whether yarns or fabrics non-confidential versions of any public whether additional funds will be made cannot be supplied by the domestic comments received with respect to a available for Parent Drug Corps program industry in commercial quantities in a request in room 3100 in the Herbert grants in subsequent years, and has no timely manner under the AGOA, the Hoover Building, 14th and Constitution obligation to provide additional funding CBTPA, or the ATPDEA. On March 6, Avenue, NW., Washington, DC 20230. beyond the period of this grant. Future 2001, CITA published procedures that it Persons submitting comments on a funding is contingent on performance will follow in considering requests (66 request are encouraged to include a non- and the availability of appropriations. FR 13502). confidential version and a non- Note: This Notice is not a complete On June 5, 2003, the Chairman of confidential summary. description of the activities to be funded or CITA received a petition from Alston James C. Leonard III, of the application requirements. For and Bird, L.L.P., on behalf of their supplementary information and application client, Ge-Ray Fabrics, Inc., alleging that Chairman, Committee for the Implementation guidelines go to the Corporation’s Web site ring spun single yarn of English yarn of Textile Agreements. at http://www.cns.gov/whatshot/notices.html. numbers 30 and 50, containing 50 [FR Doc.03–14958 Filed 6–10–03; 12:47 pm] DATES: We must receive your percent or more, but less than 85 BILLING CODE 3510–DR–S percent, by weight of 0.9 denier or finer application by 5 p.m. on July 14, 2003. micro modal fiber, mixed solely with We anticipate announcing selections under this Notice no later than August U.S. origin extra long pima cotton, CORPORATION FOR NATIONAL AND 20, 2003. classified in subheading 5510.30.000 of COMMUNITY SERVICE the HTSUS, for use in women’s and ADDRESSES: Submit your application to girls’ knit blouses, shirts, lingerie, and Notice of Availability of Funds for the following address: Corporation for underwear, cannot be supplied by the Parent Drug Corps Program National and Community Service, Attn: domestic industry in commercial Nancy Talbot, 1201 New York Avenue, AGENCY: quantities in a timely manner. It Corporation for National and NW., Box PDC, Washington, DC 20525. requests quota- and duty-free treatment Community Service. Due to delays in delivery of regular mail under the AGOA, the CBTPA, and the ACTION: Notice of funding availability. to government offices, there is no ATPDEA for these apparel articles that guarantee that an application sent by SUMMARY: are both cut (or knit-to-shape) and sewn The Corporation for National regular mail will arrive in time to be in one or more AGOA, CBTPA, or and Community Service (hereinafter the considered. We therefore suggest that ATPDEA beneficiary countries from ‘‘Corporation’’) announces the you use U.S.P.S. priority mail or a such yarns or U.S.-formed fabrics availability of approximately $4,167,000 commercial overnight delivery service containing such yarns. in grant funds for a nonprofit to make sure that you meet the deadline. CITA is soliciting public comments organization to implement the Parent We will not accept an application that regarding this request, particularly with Drug Corps Program (‘‘the Parent Corps is submitted via email or facsimile. respect to whether this yarn can be Program’’). The purpose of the grant is FOR FURTHER INFORMATION CONTACT: supplied by the domestic industry in to fund a national training system and Nancy Talbot at 202–606–5000, ext. 470 commercial quantities in a timely develop a network of volunteer parents ([email protected]). The TDD number is manner. Also relevant is whether other engaged in a nationwide substance 202–565–2799. For a printed copy of yarns that are supplied by the domestic abuse prevention effort. This estimate is this NOFA and the supplementary industry in commercial quantities in a a projection for the guidance of information and application guidelines timely manner are substitutable for this potential applicants. The Corporation is (available on-line), contact Ms. Shanika yarn for purposes of the intended use. not bound by any estimate in this Ratliff at 202–606–5000 ext. 164 Comments must be received no later notice. These funds are available under ([email protected]). Upon request, this than June 27, 2003. Interested persons authority provided in Public Law 108– information will be made available in are invited to submit six copies of such 7, the Omnibus Appropriations Act for alternate formats for people with comments or information to the fiscal year 2003. The program is a disabilities. Chairman, Committee for the special volunteer program under section Dated: June 6, 2003. Implementation of Textile Agreements, 122 of the Domestic Volunteer Service room 3100, U.S. Department of Act of 1973, as amended (42 U.S.C. Robin Dean, Commerce, 14th and Constitution 4992). Applicable regulations include Program Manager, Department of Research Avenue, NW., Washington, DC 20230. the uniform administrative and Policy Development. If a comment alleges that this yarn can requirements for grants and agreements [FR Doc. 03–14870 Filed 6–12–03; 8:45 am] be supplied by the domestic industry in with institutions of higher education, BILLING CODE 6050–$$–P commercial quantities in a timely hospitals, and other nonprofit manner, CITA will closely review any organizations, 45 CFR part 2543. supporting documentation, such as a Eligible nonprofit organizations, DEPARTMENT OF DEFENSE signed statement by a manufacturer of including community organizations the yarn stating that it produces the yarn (faith-based and secular), are Office of the Secretary that is the subject of the request, encouraged to apply. The Corporation including the quantities that can be anticipates receiving fewer than ten Privacy Act of 1974; System of supplied and the time necessary to fill applications for this solicitation, and Records an order, as well as any relevant anticipates making one grant award AGENCY: Office of the Secretary, DoD. information regarding past production. under this announcement. The ACTION: Notice to add systems of CITA will protect any business Corporation will make an award records. confidential information that is marked covering a period not to exceed three business confidential from disclosure to years. The grant proposal must include SUMMARY: The Office of the Secretary of the full extent permitted by law. CITA a proposed budget and proposed Defense proposes to add a system of

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records notice to its inventory of record qualifying jurisdiction; statement or administrative procedures. Access to systems subject to the Privacy Act of detailing all sanctions or disciplinary personal information is limited to those 1974 (5 U.S.C. 552a), as amended. actions pending or final, to which he/ who require the records to perform their DATES: The changes will be effective on she has been subject; information official duties. All personnel whose July 14, 2003 unless comments are required to conduct a background official duties require access to the received that would result in a contrary investigation for security clearance; a information are trained in the proper determination. properly executed ‘Authorization for safeguarding and use of the information. ADDRESSES: Send comments to Release of Information’ and ‘Affidavit RETENTION AND DISPOSAL: Directives and Records Division, and Agreement by Civilian Defense Directives and Records Branch, Counsel’; and a one-page resume from Disposition pending. Until the Washington Headquarters Services, the civilian defense counsel that will be National Archives and Records 1155 Defense Pentagon, Washington, DC provided to the detainees. Administration has approved the 20301–1155. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: retention and disposition of these FOR FURTHER INFORMATION CONTACT: Mr. 5 U.S.C. 301, Departmental records, treat records as permanent. Dan Cragg at (703) 601–4722. Regulations; 5 U.S.C. 113, Secretary of SYSTEM MANAGER(S) AND ADDRESS: SUPPLEMENTARY INFORMATION: The Office Defense; Military Commission of the Secretary of Defense notices for Instruction No. 5, Qualification of Chief Defense Counsel, Office of systems of records subject to the Privacy Civilian Defense Counsel; section Military Commissions, Office of the Act of 1974 (5 U.S.C. 552a), as amended, 4C(3)(b) of Military Commission Order General Counsel, Department of have been published in the Federal No. 1, Procedures for Trials by Military Defense, 1600 Defense Pentagon, Register and are available from the Commissions of Certain Non-United Washington, DC 20301–1600. address above. States Citizens in the War Against The proposed systems reports, as Terrorism; Military Order of November NOTIFICATION PROCEDURE: required by 5 U.S.C. 552a(r) of the 13, 2001, Detention, Treatment, and Individuals seeking to determine Privacy Act of 1974, as amended, were Trial of Certain Non-Citizens in the War whether this system of records contains submitted on May 28, 2003, to the Against Terrorism; and E.O. 9397 (SSN). information about themselves should House Committee on Government PURPOSE(S): address written inquiries to the Chief Reform, the Senate Committee on Defense Counsel, Office of Military The information is collected for the Governmental Affairs, and the Office of Commissions, Office of the General purpose of determining whether the Management and Budget (OMB) Counsel, Department of Defense, 1600 individual meets prescribed eligibility pursuant to paragraph 4c of Appendix I Defense Pentagon, Washington, DC criteria to serve as civilian defense to OMB Circular No. A–130, ‘Federal 20301–1600. Agency Responsibilities for Maintaining counsel for an accused who will appear Records About Individuals,’ dated before a Military Commission. Requests for information should February 8, 1996 (February 20, 1996, 61 Routine uses of records maintained in contain the individual’s full name. FR 6427). the system, including categories of users RECORDS ACCESS PROCEDURES: Dated: June 4, 2003. and the purposes of such uses: In addition to those disclosures generally Patricia L. Toppings, Individuals seeking to access permitted under 5 U.S.C. 552a(b) of the information about themselves contained Alternate OSD Federal Register Liaison Privacy Act, these records or Officer, Department of Defense. in this system of records should address information contained therein may written inquiries to the Chief Defense System name: specifically be disclosed outside the Counsel, Office of Military Qualification of Civilian Defense DoD as a routine use pursuant to 5 Commissions, Office of the General Counsel for Military Commissions. U.S.C. 552a(b)(3) as follows: Counsel, Department of Defense, 1600 To accused for purposes of furnishing Defense Pentagon, Washington, DC SYSTEM LOCATION: information on individuals who are 20301–1600. Chief Defense Counsel, Office of qualified to appear before a Military Requests for information should Military Commissions, Office of the Commission as a civilian defense contain the individual’s full name. General Counsel, Department of counsel. Defense, 1600 Defense Pentagon, The DoD ‘‘Blanket Routine Uses’’ set CONTESTING RECORD PROCEDURES: Washington, DC 20301–1600. forth at the beginning of OSD’s compilation of systems of records The OSD rules for accessing records, CATEGORIES OF INDIVIDUALS COVERED BY THE notices apply to this system. for contesting contents and appealing SYSTEM: Policies and practices for storing, initial agency determinations are Civilian Defense Counsel seeking retrieving, accessing, retaining, and published in OSD Administrative admission to practice before Military disposing of records in the system: Instruction 81; 32 CFR part 311; or may Commissions in accordance with be obtained from the system manager. Military Commission Instruction No. 5. STORAGE: RECORD SOURCE CATEGORIES: RECORDS ARE STORED AS PAPER FILES ONLY. CATEGORIES OF RECORDS IN THE SYSTEM: The source of record is from the Records relating to the professional RETRIEVABILITY: individuals concerned and State Bar qualifications of civilian counsel to Retrieved by the individual’s full Associations. practice before Military Commissions. name. Records include full name of the Safeguards: EXEMPTIONS CLAIMED FOR THE SYSTEM: individual, work address and phone Records are maintained in a secure, number; Social Security Number; proof limited access or monitored area. None. of U.S. citizenship; certificate showing Physical entry by unauthorized persons [FR Doc. 03–14815 Filed 6–11–03; 8:45 am] good standing with the bar of a is restricted by the use of locks, guards, BILLING CODE 5001–08–P

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DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY

Federal Energy Regulatory Federal Energy Regulatory Federal Energy Regulatory Commission Commission Commission [Docket No. CP03–308–000] [Docket No. RP00–332–006] [Docket No. RP03–299–002] East Tennessee Natural Gas Company; ANR Pipeline Company; Notice of Dominion Cove Point LNG, LP; Notice Notice of Filing Revised Tariff Sheet of Compliance Filing June 6, 2003. June 6, 2003. June 6, 2003. Take notice that on June 4, 2003, East Tennessee Natural Gas Company (East Take notice that on June 4, 2003, ANR Take notice that on May 15, 2003, Tennessee), 5400 Westheimer Court, Pipeline Company, (ANR) tendered for Dominion Cove Point LNG, LP (Cove Houston, Texas 77056–5310, filed with filing a revised tariff sheet to correct an Point) tendered for filing an explanation the Federal Energy Regulatory inadvertent error on proposed Third of its filed fuel retainage percentages for Commission (Commission) an Revised Tariff Sheet No. 99. The transportation service. abbreviated application pursuant to the correction preserves the right of ANR Cove Point states that its filing Natural Gas Act (NGA) to utilize and a Shipper to agree that the Shipper provides the additional information it existing vaporization capacity to shall have the right to change its was directed to provide in the provide additional vaporization service primary point to another primary point Commission’s April 30, 2002, order in at its liquefied natural gas (LNG) storage at a discounted rate. this proceeding. facility located near Kingsport, Tennessee (Kingsport LNG Facility), all Any person desiring to protest said Cove Point states that copies of its filing should file a protest with the as more fully set forth in the filing have been served upon all parties application. The application is on file Federal Energy Regulatory Commission, to this proceeding. with the Commission and open for 888 First Street, NE., Washington, DC Any person desiring to protest said public inspection. The filing is available 20426, in accordance with § 385.211 of filing should file a protest with the for review at the Commission in the the Commission’s Rules and Federal Energy Regulatory Commission, Public Reference Room or may be Regulations. All such protests must be 888 First Street, NE., Washington, DC viewed on the Commission’s Web site at filed in accordance with § 154.210 of the 20426, in accordance with § 385.211 of http://www.ferc.gov using the ‘‘FERRIS’’ Commission’s Regulations. Protests will the Commission’s rules and regulations. link. Enter the docket number excluding be considered by the Commission in All such protests must be filed on or the last three digits in the docket determining the appropriate action to be number field to access the document. before the protest date as shown below. taken, but will not serve to make For assistance, please contact FERC Protests will be considered by the protestants parties to the proceedings. Online Support at Commission in determining the This filing is available for review at the [email protected] or toll appropriate action to be taken, but will Commission in the Public Reference free at (866) 208–3676, or for TTY, not serve to make protestants parties to Room or may be viewed on the contact (202) 502–8659. the proceedings. This filing is available Commission’s Web site at http:// Specifically, East Tennessee states for review at the Commission in the www.ferc.gov using the ‘‘FERRIS’’ link. that its currently effective certificate for Public Reference Room or may be Enter the docket number excluding the the Kingsport LNG Facility authorizes viewed on the Commission’s Web site at last three digits in the docket number East Tennessee to use 100,000 Mcf/d of http://www.ferc.gov using the ‘‘FERRIS’’ the facility’s daily vaporization capacity field to access the document. For link. Enter the docket number excluding and that the LNG Vaporization Project, assistance, please contact FERC Online the last three digits in the docket the subject of this application, will Support at number field to access the document. enable East Tennessee to utilize the full [email protected] or toll- Comments, protests and interventions 150,000 Mcf/d of vaporization capacity free at (866) 208–3676, or TTY, contact may be filed electronically via the available at Kingsport LNG Facility to (202) 502–8659. The Commission Internet in lieu of paper. For assistance, satisfy the daily sendout demands of its strongly encourages electronic filings. please contact FERC Online Support at storage customers. East Tennessee See 18 CFR 385.2001(a)(1)(iii) and the [email protected] or toll- requests that the Commission act on this instructions on the Commission’s Web free at (866) 208–3676, or TTY, contact filing expeditiously and issue a final site under the ‘‘e-Filing’’ link. certificate granting the requested (202) 502–8659. The Commission authorizations on or before September 1, Protest Date: June 16, 2003. strongly encourages electronic filings. 2003, to allow it to begin using the Magalie R. Salas, See 18 CFR 385.2001(a)(1)(iii) and the excess sendout deliverability of the Secretary. instructions on the Commission’s Web Kingsport LNG Facility in time to meet site under the ‘‘e-Filing’’ link. [FR Doc. 03–14893 Filed 6–11–03; 8:45 am] the demands of the upcoming winter BILLING CODE 6717–01–P Protest Date: June 13, 2003. withdrawal season. East Tennessee states that since no construction or Magalie R. Salas, facility modifications are required for Secretary. this project, there will be no [FR Doc. 03–14895 Filed 6–11–03; 8:45 am] environmental or landowner impacts. BILLING CODE 6717–01–P East Tennessee also states that there will be no new facilities installed pursuant to this application and proposes no rate change. East Tennessee also states that the LNG Vaporization Project will

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increase flexibility and improve the associated with the Commission’s last three digits in the docket number reliability of East Tennessee’s pipeline environmental review process. field to access the document. For and storage facilities by increasing the Environmental commenters will not be assistance, please contact FERC Online sendout deliverability of the Kingsport required to serve copies of filed Support at LNG Facility. And finally East Tennesse documents on all other parties. [email protected] or toll- states that it has executed binding However, the non-party commenters free at (866) 208–3676, or TTY, contact agreements with 17 LNGS shippers for will not receive copies of all documents (202) 502–8659. The Commission the additional sendout deliverability. filed by other parties or issued by the strongly encourages electronic filings. Any questions regarding this Commission (except for the mailing of See 18 CFR 385.2001(a)(1)(iii) and the application may be directed to Steven E. environmental documents issued by the instructions on the Commission’s Web Tillman, General Manager, Regulatory Commission) and will not have the right site under the ‘‘e-Filing’’ link. Affairs, East Tennessee Natural Gas to seek court review of the Company, 5400 Westheimer Court, Commission’s final order. Protest Date: June 16, 2003. Houston, Texas, 77056–5310 at (713) Motions to intervene, protests and Magalie R. Salas, 627–5113, fax (713) 627–5947. comments may be filed electronically Secretary. There are two ways to become via the internet in lieu of paper; see 18 involved in the Commission’s review of CFR 385.2001(a)(1)(iii) and the [FR Doc. 03–14896 Filed 6–11–03; 8:45 am] this project. First, any person wishing to instructions on the Commission’s Web BILLING CODE 6717–01–P obtain legal status by becoming a party site under the ‘‘e-Filing’’ link. The to the proceedings for this project Commission strongly encourages should, on or before the below listed electronic filings. DEPARTMENT OF ENERGY comment date, file with the Federal Comment Date: June 16, 2003. Energy Regulatory Commission, 888 Federal Energy Regulatory First Street, NE., Washington, DC 20426, Magalie R. Salas, Commission a motion to intervene in accordance Secretary. with the requirements of the [FR Doc. 03–14890 Filed 6–11–03; 8:45 am] [Docket No. RP03–221–000] Commission’s rules of practice and BILLING CODE 6717–01–P procedure (18 CFR 385.214 or 385.211) High Island Offshore System, L.L.C.; and the regulations under the NGA (18 Notice of Informal Settlement CFR 157.10). A person obtaining party DEPARTMENT OF ENERGY Conference status will be placed on the service list maintained by the Secretary of the Federal Energy Regulatory June 6, 2003. Commission Commission and will receive copies of Take notice that an informal all documents filed by the applicant and [Docket No. RP03–64–002] settlement conference will be convened by all other parties. A party must submit in this proceeding commencing at 10 14 copies of filings made with the Gulf South Pipeline Company, LP; a.m. on June 13, 2003, at the offices of Commission and must mail a copy to Notice of Compliance Filing the applicant and to every other party in the Federal Energy Regulatory the proceeding. Only parties to the June 6, 2003. Commission, 888 First Street, NE., proceeding can ask for court review of Take notice that on June 4, 2003, Gulf Washington, DC 20426, for the purpose Commission orders in the proceeding. South Pipeline Company, LP (Gulf of exploring the possible settlement of However, a person does not have to South) tendered for filing as part of its the above-referenced dockets. intervene in order to have comments FERC Gas Tariff, Sixth Revised Volume Any party as defined by 18 CFR considered. The second way to No. 1, the tariff sheets listed on 385.102(c), or any participant as defined participate is by filing with the Attachment 1 to the filing, to become by 18 CFR 385.102(b), is invited to Secretary of the Commission, as soon as effective May 5, 2003. attend. Persons wishing to become a Gulf South states that this compliance possible, an original and two copies of party must move to intervene and filing includes those tariff sheets comments in support of or in opposition receive intervenor status pursuant to the to this project. The Commission will necessary to reflect the requirements of Commission’s regulations (18 CFR consider these comments in the Commission’s May 5th Order. 385.214). determining the appropriate action to be Any person desiring to protest said taken, but the filing of a comment alone filing should file a protest with the For additional information, please will not serve to make the filer a party Federal Energy Regulatory Commission, contact Donald Heydt at (202) 502– to the proceeding. The Commission’s 888 First Street, NE., Washington, DC 8740, [email protected] or Irene rules require that persons filing 20426, in accordance with § 385.211 of Szopo at (202) 502–8323, comments in opposition to the project the Commission’s Rules and [email protected]. provide copies of their protests only to Regulations. All such protests must be the party or parties directly involved in filed in accordance with § 154.210 of the Magalie R. Salas, the protest. Commission’s regulations. Protests will Secretary. Persons who wish to comment only be considered by the Commission in [FR Doc. 03–14894 Filed 6–11–03; 8:45 am] on the environmental review of this determining the appropriate action to be BILLING CODE 6717–01–P project should submit an original and taken, but will not serve to make two copies of their comments to the protestants parties to the proceedings. Secretary of the Commission. This filing is available for review at the Environmental commenters will be Commission in the Public Reference placed on the Commission’s Room or may be viewed on the environmental mailing list, will receive Commission’s Web site at http:// copies of the environmental documents, www.ferc.gov using the ‘‘FERRIS’’ link. and will be notified of meetings Enter the docket number excluding the

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DEPARTMENT OF ENERGY Enter the docket number excluding the DEPARTMENT OF ENERGY last three digits in the docket number Federal Energy Regulatory field to access the document. For Federal Energy Regulatory Commission assistance, please contact FERC Online Commission Support at Notice of Compliance Filing and [Project No. 12033–001] [email protected] or call Soliciting Comments, Motions to Intervene, and Protests toll-free 1–866–208–3676, or for TTY, Symbiotics, LLC.; Notice of Surrender contact (202) 502–8659. A copy is also of Preliminary Permit June 6, 2003. available for inspection and Take notice that the following report reproduction at the address in item (h) June 6, 2003. has been filed with the Commission and above. Take notice that Symbiotics, LLC, permittee for the proposed Helena is available for public inspection: m. Comments, Protests, or Motions to a. Filing Type: Recreation Plan Valley Hydroelectric Project, has Intervene—Anyone may submit requested that its preliminary permit be Update. comments, a protest, or a motion to b. Project No: 2459–140. terminated. The permit was issued on intervene in accordance with the c. Date Filed: March 28, 2003. November 6, 2001, and would have d. Applicant: Allegheny Energy requirements of rules of practice and expired on October 31, 2004. The Supply Company, LLC (AE). procedure, 18 CFR 385.210, .211, .214. project would have been located on Ten e. Name of Project: Lake Lynn In determining the appropriate action to Mile Creek in Lewis and Clark County, Hydroelectric Project. take, the Commission will consider all Montana. f. Location: On the Cheat River, in protests or other comments filed, but The permittee filed the request on Monongalia County, West Virginia, and only those who file a motion to April 30, 2003, and the preliminary Fayette County, Pennsylvania. intervene in accordance with the permit for Project No. 12033 shall g. Filed Pursuant to: Federal Power Commission’s rules may become a party remain in effect through the thirtieth Act, 16 U.S.C. 791(a)–825(r). to the proceeding. Any comments, day after issuance of this notice unless h. Applicant Contact: Mr. Charles L. protests, or motions to intervene must that day is a Saturday, Sunday, or Simon, 4350 Northern Pike, be received on or before the specified holiday as described in 18 CFR Monroeville, PA 15146–2841. Phone: comment date for the particular 385.2007, in which case the permit shall (412) 858–1675. application. remain in effect through the first business day following that day. New i. FERC Contact: Any questions on n. Filing and Service of Responsive this notice should be addressed to applications involving this project site, Documents—Any filings must bear in Shana High at (202) 502–8674 or to the extent provided for under 18 CFR all capital letters the title [email protected]. part 4, may be filed on the next business j. Deadline for filing comments ‘‘COMMENTS’’, day. ‘‘RECOMMENDATIONS FOR TERMS and/or motions: July 7, 2003. Magalie R. Salas, All documents (original and eight AND CONDITIONS’’, ‘‘PROTEST’’, OR Secretary. copies) should be filed with: Magalie R. ‘‘MOTION TO INTERVENE’’, as Salas, Secretary, Federal Energy applicable, and the Project Number of [FR Doc. 03–14891 Filed 6–11–03; 8:45 am] Regulatory Commission, 888 First the particular application to which the BILLING CODE 6717–01–P Street, NE., Washington, DC 20426. filing refers. A copy of any motion to Please include the project number intervene must also be served upon each (2459–140) on any comments or representative of the Applicant ENVIRONMENTAL PROTECTION motions filed. specified in the particular application. AGENCY k. Description of Proposal: AE o. Agency Comments: Federal, State, [OECA–2003–0018; FRL–7512–3] developed an Updated Recreation Plan and local agencies are invited to file (plan) to comply with article 417 of the comments on the described application. Agency Information Collection project license. The plan was prepared A copy of the application may be Activities; Submission for OMB Review following an evaluation of facility usage obtained by agencies directly from the and Approval; Comment Request; data and addresses recreation use as Applicant. If an agency does not file NESHAP for Mercury, ICR Number well as the adequacy of facilities. comments within the time specified for 0113.08, OMB Number 2060–0097 Specifically, the update addresses safety filing comments, it will be presumed to and security, navigational problems, AGENCY: Environmental Protection have no comments. One copy of an swimming use, user demand patterns Agency. agency’s comments must also be sent to for boating use, primitive camping, and ACTION: Notice. privileged permit leases. AE states that the Applicant’s representatives. the current recreational facilities are p. Comments, protests, and SUMMARY: In compliance with the meeting the demonstrated demand for interventions may be filed electronically Paperwork Reduction Act (44 U.S.C. recreation at the project and no changes via the Internet in lieu of paper. See 18 3501 et seq.), this document announces are proposed in the update. CFR 385.2001(a)(1)(iii) and the that the following Information l. Locations of the Application: This instructions on the Commission’s Web Collection Request (ICR) has been filing is available for review and site at http://www.ferc.gov under the ‘‘e- forwarded to the Office of Management reproduction at the Commission’s Filing’’ link. and Budget (OMB) for review and Public Reference Room, located at 888 approval: NESHAP for Mercury, OMB First Street, NE., Room 2A, Washington, Magalie R. Salas, Control Number 2060–0097, EPA ICR DC 20426, or by calling (202) 502–8371. Secretary. Number 0113.08. The ICR, which is This filing may also be viewed on the [FR Doc. 03–14892 Filed 6–11–03; 8:45 am] abstracted below, describes the nature of Commission’s Web site at http:// BILLING CODE 6717–01–P the information collection and its www.ferc.gov using the ‘‘FERRIS’’ link. estimated burden and cost.

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DATES: Additional comments may be EPA’s policy is that public comment, pollutant emission rate; notification of submitted on or before July 14, 2003. whether submitted electronically or on the date of the initial performance test; ADDRESSES: Follow the detailed paper, will be available for public and the results of the initial instructions in SUPPLEMENTARY viewing in EDOCKET, as EPA receives performance test. These facilities must INFORMATION. them without change, unless the also maintain records of performance comment contains copyrighted material, test results, startups, shutdowns, and FOR FURTHER INFORMATION CONTACT: Confidential Business Information (CBI), Learia Williams, Compliance malfunctions. In order to ensure or other information whose public Assessment and Media Programs compliance with the standards, disclosure is restricted by statute. When Division, Office of Compliance, (Mail adequate recordkeeping and reporting is EPA identifies a comment containing Code 2223A), Environmental Protection necessary. This information enables the copyrighted material, EPA will provide Agency, 1200 Pennsylvania Avenue, Agency to: (1) Identify the sources a reference to that material in the NW., Washington, DC 20460; telephone subject to the standard; (2) ensure initial version of the comment placed in number: (202) 564–4113; fax number: compliance with emission limits; and EDOCKET. The entire printed comment, (202) 564–0050; E-mail address: (3) verify continuous compliance with including copyrighted material, will be [email protected]. the standard. A written report of each available in the public docket. Although period for which hourly monitored SUPPLEMENTARY INFORMATION: EPA has identified as an item in the official parameters fall outside their established submitted the following ICR to OMB for docket, information claimed as CBI, or limits is required semiannually for review and approval according to the whose disclosure is otherwise restricted mercury-cell chlor-alkali facilities. procedures prescribed in 5 CFR 1320.12. by statute, is not included in the official Reporting and recordkeeping is On September 26, 2002 (67 FR 60672), public docket, and will not be available mandatory under section 114 of the EPA sought comments on this ICR for public viewing in EDOCKET. For Clean Air Act as amended in 40 CFR pursuant to 5 CFR 1320.8(d). EPA further information about the electronic part 61. Records of emission test results received no comments. docket, see EPA’s Federal Register and other data needed to determine total EPA has established a public docket notice describing the electronic docket emissions will be maintained at the for this ICR under Docket ID Number at 67 FR 38102 (May 31, 2002), or go to source and made available for OECA–2003–0018, which is available http://www.epa.gov/edocket. inspection for a minimum of two years. for public viewing at the Enforcement Title: NESHAP for Mercury (40 CFR and Compliance Docket and Information An agency may not conduct or part 61, subpart E) OMB Control sponsor, and a person is not required to Center in the EPA Docket Center (EPA/ Number 2060–0097, EPA ICR Number DC), EPA West, Room B102, 1301 respond to, a collection of information 0113.08. This is a request to renew an unless it displays a currently valid OMB Constitution Avenue, NW., Washington, existing, approved collection that is DC. The EPA Docket Center Public Control Number. The OMB Control scheduled to expire on June 30, 2003. Numbers for EPA’s regulations are listed Reading Room is open from 8:30 a.m. to Under OMB regulations, the Agency 4:30 p.m., Monday through Friday, in 40 CFR part 9 and 48 CFR chapter 15, may continue to conduct or sponsor the and are identified on the form and/or excluding legal holidays. The telephone collection of information while this instrument, if applicable. number for the Reading Room is (202) submission is pending at OMB. 566–1744, and the telephone number for Abstract: The NESHAP for Mercury, Burden Statement: The annual public the Enforcement and Compliance published at 40 CFR part 61, subpart E, reporting and recordkeeping burden for Docket and Information Center is: (202) were proposed on December 7, 1971, this collection of information is 566–1514. An electronic version of the promulgated on April 6, 1973, and estimated to average 156 hours per public docket is available through EPA amended on October 14, 1975 and response. Burden means the total time, Dockets (EDOCKET) at http:// March 19, 1987. These standards apply effort, or financial resources expended www.epa.gov/edocket. Use EDOCKET to to all stationary sources which process by persons to generate, maintain, retain, submit or view public comments, access mercury ore to recover mercury, use or disclose or provide information to or the index listing of the contents of the mercury chlor-alkali cells to produce for a Federal agency. This includes the public docket, and to access those chlorine gas and alkali metal hydroxide, time needed to review instructions; documents in the public docket that are and incinerate or dry wastewater develop, acquire, install, and utilize available electronically. When in the treatment plant sludge. Approximately technology and systems for the purposes system, select ‘‘search,’’ then key in the 107 sources (100 sludge incineration of collecting, validating, and verifying docket ID number identified above. and drying plants and seven mercury- information, processing and Any comments related to this ICR cell chlor-alkali plants) are currently maintaining information, and disclosing should be submitted to EPA and OMB subject to the standard; and no and providing information; adjust the within 30 days of this notice, and additional sources are expected to existing ways to comply with any according to the following detailed become subject to the standard in the previously applicable instructions and instructions: (1) Submit your comments next three years. Mercury is the requirements; train personnel to be able to EPA online using EDOCKET (our pollutant regulated under this standard. to respond to a collection of preferred method), by E-mail to This information is being collected to information; search data sources; [email protected], or by mail to: EPA assure compliance with 40 CFR part 61, complete and review the collection of Docket Center, Environmental subpart E. information; and transmit or otherwise Protection Agency, Mail Code: 2201T, Owners or operators of affected disclose the information. 1200 Pennsylvania Avenue, NW., facilities described must make the Respondents/Affected Entities: Washington, DC 20460, and (2) mail following one-time-only reports: Stationary Mercury processing facilities. your comments to OMB at: Office of Notification of the date of construction Estimated Number of Respondents: Information and Regulatory Affairs, or reconstruction; notification of the 107. Office of Management and Budget anticipated and actual dates of startup; Frequency of Response: Annually, (OMB), Attention: Desk Officer for EPA, notification of any physical or Semiannually, and initially. 725 17th Street, NW., Washington, DC operational change to an existing facility Estimated Total Annual Hour Burden: 20503. which may increase the regulated 17,818.

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Estimated Total Annual Cost: $0 (202) 564–0050; e-mail address: version of the comment that is placed in includes $0 annualized capital or O&M [email protected]. EDOCKET. The entire printed comment, costs. SUPPLEMENTARY INFORMATION: EPA has including copyrighted material, will be Changes in the Estimates: There is a submitted the following ICR to OMB for available in the public docket. Although decrease of 8,686 hours in the total review and approval according to the identified as an item in the official estimated burden currently identified in procedures prescribed in 5 CFR 1320.12. docket, information claimed as CBI, or the OMB Inventory of Approved ICR On September 26, 2002 (67 FR 60672), whose disclosure is otherwise restricted Burdens. This decrease in burden from EPA sought comments on this ICR by statute, is not included in the official the most recently approved ICR is due pursuant to 5 CFR 1320.8(d). EPA public docket, and will not be available to a decrease in the number of sources. received no comments. for public viewing in EDOCKET. For We have determined that the number of EPA has established a public docket further information about the electronic sources currently subject to this for this ICR under Docket ID Number docket, see EPA’s Federal Register standard has decreased based on the OECA–2003–0048, which is available notice describing the electronic docket most recent data available on the Air for public viewing at the Enforcement at 67 FR 38102 (May 31, 2002), or go to Facility System database for NESHAP and Compliance Docket and Information http://www.epa.gov/edocket. respondent cost is due to a labor rate Center in the EPA Docket Center (EPA/ Title: NSPS for Steel Plants: Electric change where the rate was increased; DC), EPA West, Room B102, 1301 Arc Furnaces and Argon-Oxygen however, the total overall cost is Constitution Avenue, NW., Washington, Decarburization Vessels (40 CFR part reduced due to the smaller number of DC. The EPA Docket Center Public 60, subparts AA and AAa) (Renewal) sources covered by the rule. Reading Room is open from 8:30 a.m. to (OMB Control Number 2060–0038, EPA Dated: June 5, 2003. 4:30 p.m., Monday through Friday, ICR Number 1060.12). This is a request Doreen Sterling, excluding legal holidays. The telephone to renew an existing approved Acting Director, Collection Strategies number for the Reading Room is (202) collection that is scheduled to expire on Division. 566–1744, and the telephone number for June 30, 2003. Under OMB regulations, [FR Doc. 03–14874 Filed 6–11–03; 8:45 am] the Enforcement and Compliance the Agency may continue to conduct or BILLING CODE 6560–50–P Docket and Information Center is (202) sponsor the collection of information 566–1514. An electronic version of the while this submission is pending at public docket is available through EPA OMB. ENVIRONMENTAL PROTECTION Dockets (EDOCKET) at http:// Abstract: The New Source AGENCY www.epa.gov/edocket. Use EDOCKET to Performance Standards (NSPS) for [OECA–2003–0048; FRL–7512–2] submit or view public comments, access electric arc furnaces were proposed on the index listing of the contents of the October 21, 1974 (39 FR 37466) and Agency Information Collection public docket, and to access those promulgated on September 23, 1975 (40 Activities; Submission of EPA ICR No. documents in the public docket that are CFR 43850). These standards apply to 1060.12 (OMB No. 2060–0038) to OMB available electronically. Once in the the following affected facilities in steel for Review and Approval; Comment system, select ‘‘search,’’ then key in the plants that produce carbon, alloy, or Request docket ID number identified above. specialty steels: Electric arc furnaces Any comments related to this ICR (EAFs) and dust handling systems AGENCY: Environmental Protection should be submitted to OMB and EPA commencing construction, modification Agency. within 30 days of this notice, and or reconstruction after the date of ACTION: Notice. according to the following detailed proposal and on or before August 17, 1983. A review of subpart AA in 1980 SUMMARY: In compliance with the instructions: (1) Mail your comments to Paperwork Reduction Act (44 U.S.C. OMB at: Office of Information and resulted in the promulgation of a new 3501 et seq.), this document announces Regulatory Affairs, Office of standard (NSPS, subpart AAa). The that the following Information Management and Budget (OMB), review of NSPS subpart AA found that Collection Request (ICR) has been Attention: Desk Officer for EPA, 725 fugitive emissions capture technology forwarded to the Office of Management 17th Street, NW., Washington, DC had improved since promulgation of and Budget (OMB) for review and 20503, and (2) Submit your comments NSPS subpart AA, and that argon- approval: NSPS for Steel Plants: Electric to EPA online using EDOCKET (our oxygen decarburization (AOD) vessels Arc Furnaces and Argon-Oxygen preferred method), by e-mail to are a significant source of particulates in Decarburization Vessels (Renewal). This [email protected], or by mail to: EPA specialty steel shops. NSPS, subpart ICR describes the nature of the Docket Center, Environmental AAa was proposed on August 17, 1983 information collection and its estimated Protection Agency, Enforcement and and promulgated on October 31, 1984. burden and cost. Compliance Docket and Information The new standard established new Center, Mail Code 2201T, 1200 standards applicable to EAFs, AOD DATES: Additional comments may be Pennsylvania Avenue, NW., vessels, and dust handling systems submitted on or before July 14, 2003. Washington, DC 20460. constructed, modified, or reconstructed ADDRESSES: Follow the detailed EPA’s policy is that public comments, after August 17, 1983. On March 2, instructions under SUPPLEMENTARY whether submitted electronically or in 1999, the Agency promulgated a direct INFORMATION. paper, will be made available for public final rule to amend subparts AA and FOR FURTHER INFORMATION CONTACT: viewing in EDOCKET as EPA receives AAa in response to a petition made by Marı´a Malave´, Compliance Assessment them and without change, unless the the Common Sense Initiative Council, and Media Programs Division, Mail comment contains copyrighted material, established under a charter approved Code 2223A, Office of Compliance, CBI, or other information whose public pursuant to the Federal Advisory Environmental Protection Agency, 1200 disclosure is restricted by statute. When Committee Act (FACA), which Pennsylvania Avenue, NW., EPA identifies a comment containing approved daily visible emissions Washington, DC 20460; telephone copyrighted material, EPA will provide observations as an alternative to static number: (202) 564–7027; fax number: a reference to that material in the pressure monitoring at an EAF with a

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direct shell evacuation system, and Changes in the Estimates: There is an (202) 564–0050; e-mail address: clarified some definitions. increase of 9,782 hours in the total [email protected]. In general, all NSPS standards require estimated burden currently identified in SUPPLEMENTARY INFORMATION: EPA has initial notifications, performance tests, the OMB Inventory of Approved ICR submitted the following ICR to OMB for and periodic reports. Owners or Burdens. This increase is due to an review and approval according to the operators are also required to maintain increase on the number of sources and procedures prescribed in 5 CFR 1320.12. records of the occurrence and duration revisions to the assumptions made to On September 26, 2002 (67 FR 60672), of any startup, shutdown, or determine the industry burden. A net EPA sought comments on this ICR malfunction in the operation of an increase of 5 sources (90 to 95) was pursuant to 5 CFR 1320.8(d). EPA affected facility, or any period during determined due to the inclusion of 10 received no comments. which the monitoring system is steel forging facilities that use electric EPA has established a public docket inoperative. These notifications, reports, arc furnaces to develop intermediate for this ICR under Docket ID Number and records are essential in determining products as affected facilities which OECA–2003–0042, which is available compliance, and are required of all offset the decreased (90 to 85) number for public viewing at the Enforcement sources subject to NSPS. Any owner or of minimills. In addition, the increase is and Compliance Docket and Information operator subject to the provisions of this due to corrections made to the Center in the EPA Docket Center (EPA/ part shall maintain a file of these percentages used to evaluate the burden DC), EPA West, Room B102, 1301 measurements, and retain the file for at associated with the different types of Constitution Avenue, NW., Washington, least two years following the date of activities sources are conducting to DC. The EPA Docket Center Public such measurements, maintenance comply with the monitoring of stack Reading Room is open from 8:30 a.m. to reports, and records. emissions and the fugitive emissions 4:30 p.m., Monday through Friday, An agency may not conduct or monitoring requirements. excluding legal holidays. The telephone sponsor, and a person is not required to Dated: June 5, 2003. respond to, a collection of information number for the Reading Room is (202) Doreen Sterling, unless it displays a currently valid OMB 566–1744, and the telephone number for control number. The OMB control Acting Director, Collection Strategies the Enforcement and Compliance Division. numbers for EPA’s regulations are listed Docket and Information Center is (202) in 40 CFR part 9 and 48 CFR chapter 15, [FR Doc. 03–14875 Filed 6–11–03; 8:45 am] 566–1514. An electronic version of the and are identified on the form and/or BILLING CODE 6560–50–P public docket is available through EPA instrument, if applicable. Dockets (EDOCKET) at http:// Burden Statement: The annual public www.epa.gov/edocket. Use EDOCKET to ENVIRONMENTAL PROTECTION reporting and recordkeeping burden for submit or view public comments, access AGENCY this collection of information is the index listing of the contents of the estimated to average 303 (rounded) [OECA–2003–0042; FRL–7512–1] public docket, and to access those hours per response. Burden means the documents in the public docket that are total time, effort, or financial resources Agency Information Collection available electronically. When in the expended by persons to generate, Activities; Submission of EPA ICR system, select ‘‘search,’’ then key in the maintain, retain, or disclose or provide Number 1093.07 (OMB Number 2060– docket ID number identified above. information to or for a Federal agency. 0162) to OMB Review and Approval; Any comments related to this ICR This includes the time needed to review Comment Request should be submitted to OMB and EPA instructions; develop, acquire, install, within 30 days of this notice, and AGENCY: Environmental Protection according to the following detailed and utilize technology and systems for Agency (EPA). the purposes of collecting, validating, instructions: (1) Mail your comments to ACTION: Notice. and verifying information, processing OMB at: Office of Information and and maintaining information, and SUMMARY: In compliance with the Regulatory Affairs, Office of disclosing and providing information; Paperwork Reduction Act (44 U.S.C. Management and Budget (OMB), adjust the existing ways to comply with 3501 et seq.), this document announces Attention: Desk Officer for EPA, 725 any previously applicable instructions that the following Information 17th Street, NW., Washington, DC and requirements; train personnel to be Collection Request (ICR) has been 20503, and (2) Submit your comments able to respond to a collection of forwarded to the Office of Management to EPA online using EDOCKET (our information; search data sources; and Budget (OMB) for review and preferred method), by e-mail to complete and review the collection of approval: NSPS for the Surface Coating [email protected], or by mail to: EPA information; and transmit or otherwise of Plastic Parts for Business Machines Docket Center, Environmental disclose the information. (Renewal). The ICR, which is abstracted Protection Agency, Mail Code: 2201T, Respondents/Affected Entities: Plants below, describes the nature of the 1200 Pennsylvania Avenue, NW., with electric arc furnaces, AOD vessels, information collection and its estimated Washington, DC 20460. and dust handling systems that produce burden and cost. EPA’s policy is that public comments, whether submitted electronically or on carbon, alloy, or specialty steels. DATES: Additional comments may be paper, will be available for public Estimated Number of Respondents: submitted on or before July 14, 2003. 95. viewing in EDOCKET as EPA receives ADDRESSES: Follow the detailed Frequency of Response: Initial and them and without change, unless the instructions under SUPPLEMENTARY semiannual. comment contains copyrighted material, Estimated Total Annual Hour Burden: INFORMATION. Confidential Business Information (CBI), 58,195 hours (rounded). FOR FURTHER INFORMATION CONTACT: or other information whose public Estimated Total Capital and Leonard Lazarus, Office of Compliance, disclosure is restricted by statute. When Operations & Maintenance (O&M) 2223A, Environmental Protection EPA identifies a comment containing Annual Costs: $289,890 which includes Agency, 1200 Pennsylvania Avenue, copyrighted material, EPA will provide $4,140 annualized capital/startup costs NW., Washington, DC 20460; telephone a reference to that material in the and $285,750 annual O&M costs. number: (202) 564–6369; fax number: version of the comment placed in

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EDOCKET. The entire printed comment, unless it displays a currently valid OMB 42 U.S.C. 7413(g), notice is hereby given including copyrighted material, will be Control Number. The OMB control of a proposed settlement agreement in available in the public docket. Although numbers for EPA’s regulations are listed the following cases filed in the U.S. identified as an item in the official in 40 CFR part 9 and 48 CFR chapter 15, Court of Appeals for the District of docket, information claimed as CBI, or and are identified on the form and/or Columbia Circuit: Engine Manufacturers whose disclosure is otherwise restricted instrument, if applicable. Ass’n v. EPA, No. 00–1066; Engine by statute, is not included in the official Burden Statement: The annual public Manufacturers Ass’n, et al. v. EPA, Nos. public docket, and will not be available reporting and recordkeeping burden for 01–1129 and 02–1080; International for public viewing in EDOCKET. For this collection of information is Truck and Engine Corp., et al. v. EPA, further information about the electronic estimated to average 35 (rounded) hours Nos. 00–1510 and 00–1512; docket, see EPA’s Federal Register per response. Burden means the total International Truck and Engine Corp. v. notice describing the electronic docket time, effort, or financial resources EPA, No. 01–1137; and Engine at 67 FR 38102 (May 31, 2002), or go to expended by persons to generate, Manufacturers Ass’n v. EPA, No. 03– http://www.epa.gov/edocket. maintain, retain, or disclose or provide 1007. These cases concern the U.S. Title: NSPS for the Surface Coating of information to or for a Federal agency. Environmental Protection Agency’s Plastic Parts for Business Machines (40 This includes the time needed to review (EPA) promulgation of regulations CFR part 60, subpart TTT) (Renewal) instructions; develop, acquire, install, requiring manufacturers of heavy-duty (OMB Control Number 2060–0162, EPA and utilize technology and systems for diesel motor vehicle engines and ICR Number 1093.07). This is a request the purposes of collecting, validating, nonroad marine diesel engines to to renew an existing, approved and verifying information, processing control emissions by meeting not-to- collection that is scheduled to expire on and maintaining information, and exceed (NTE) emission standards and July 31, 2003. Under OMB regulations, disclosing and providing information; test procedures, and EPA’s issuance of the Agency may continue to conduct or adjust the existing ways to comply with guidance concerning certification of sponsor the collection of information any previously applicable instructions heavy-duty diesel motor vehicle while this submission is pending at and requirements; train personnel to be engines. OMB. able to respond to a collection of DATES: Written comments on the Abstract: Industrial surface coating information; search data sources; proposed settlement agreement must be operations emit volatile organic complete and review the collection of received by July 14, 2003. compounds (VOCs) in quantities that information; and transmit or otherwise ADDRESSES: Copies of the proposed the Administrator believes cause or disclose the information. contribute to air pollution that may settlement are available from Phyllis Respondents/Affected Entities: Cochran, Air and Radiation Division reasonably be anticipated to endanger Facilities that apply coatings to plastic public health or welfare. Consequently, (2344A), Office of General Counsel, U.S. parts for business machines. Environmental Protection Agency, 1200 New Source Performance Standards for Estimated Number of Respondents: the surface coating of plastic parts for Pennsylvania Avenue, NW., 10. Washington, DC 20460, (202) 564–7606. business machines were promulgated. Frequency of Response: Quarterly and Written comments should be sent to VOC emissions from these facilities are semiannually. the result of operation of the spray Estimated Total Annual Hour Burden: Michael Horowitz at the above address. booths that apply prime coats, color 978 hours. FOR FURTHER INFORMATION CONTACT: coats, texture coats or touch-up coats. Estimated Total Capital and Michael Horowitz at 202–564–5583. The standards ensure that owners or Operations & Maintenance (O&M) SUPPLEMENTARY INFORMATION: EPA has operators of these facilities use coatings Annual Costs: $0. promulgated regulations in several that contain a low proportion of VOCs, Changes in the Estimates: There is a separate rules requiring manufacturers and coating application equipment that decrease of 2,661 hours in the total of heavy-duty diesel motor vehicle provides a high transfer efficiency. In estimated burden currently identified in engines and nonroad marine engines to addition, or as an alternative, sources the OMB Inventory of Approved ICR control emissions by meeting not-to- may use control equipment to meet the Burdens. This decrease is due to a exceed (NTE) emission standards and emission limits. In order to ensure reduction in the number of sources. test procedures. 64 FR 73300 (Dec. 29, compliance with these standards, Dated: June 5, 2003. 1999), 65 FR 59896 (Oct. 6, 2000), 66 FR 5002 (Jan. 18, 2001), and 67 FR 68242 adequate recordkeeping is necessary. In Doreen Sterling, the absence of such information, (Nov. 8, 2002). EPA also issued Acting Director, Collection Strategies guidance concerning certification of enforcement personnel would be unable Division. to determine whether the standards are heavy-duty diesel motor vehicle [FR Doc. 03–14876 Filed 6–11–03; 8:45 am] being met on a continuous basis, as engines, on January 19, 2001. EMA and required by the Clean Air Act. BILLING CODE 6560–50–P certain member companies Responses to the collection of (Manufacturer Parties) filed petitions information are mandatory. The ENVIRONMENTAL PROTECTION challenging these rules and guidance. required information has been AGENCY EPA and Manufacturer Parties entered determined not to be confidential. into negotiations and have reached a However, any information submitted to [FRL–7511–3] proposed settlement of this litigation. the Agency for which a claim of The proposed settlement agreement confidentiality is made will be Proposed Settlement Agreement outlines a rulemaking proposal to safeguarded according to the Agency AGENCY: Environmental Protection establish a manufacturer-run in-use policies set forth in Title 40, chapter 1, Agency. testing program for heavy-duty diesel part 2, subpart B—Confidentiality of ACTION: Notice of proposed settlement motor vehicles. The proposed Business Information. agreement; request for public comment. settlement also calls for issuance by An agency may not conduct or EPA of guidance regarding sponsor, and a person is not required to SUMMARY: In accordance with section implementation of the NTE regulations respond to, a collection of information 113(g) of the Clean Air Act, as amended, for heavy-duty diesel motor vehicle

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engines and nonroad marine diesel Officer (DFO), EPA Science Advisory advisory committees chartered under engines, and discusses the elements of Board Staff, at telephone/voice mail: the Federal Advisory Committee Act a manufacturer-run in-use testing (202) 564–4561; or via e-mail at: (FACA), as amended (5 U.S.C. App.). program for nonroad diesel engines. [email protected]. The CASAC Ozone Review Panel will For a period of thirty (30) days FOR FURTHER INFORMATION CONTACT: Any comply with the provisions of FACA following the date of publication of this member of the public wishing further and all appropriate SAB procedural notice, EPA will receive written information regarding this Request for policies, including the process for panel comments relating to the proposed Nominations may contact Mr. Fred formation described in the Overview of settlement agreement from persons who Butterfield, DFO, as indicated above. the Panel Formation Process at the were not named as parties or interveners General information concerning the Environmental Protection Agency to the litigation in question. EPA or the CASAC or the EPA Science Advisory Science Advisory Board, which can found at: http://www.epa.gov/sab/pdf/ Department of Justice may withdraw or Board can be found at: http:// ec02010.pdf. withhold consent to the proposed www.epa.gov/sab. settlement agreement if the comments SUPPLEMENTARY INFORMATION: Nominator’s Assessment of Expertise disclose facts or considerations that indicate that such consent is Summary When submitting nominations to the CASAC Ozone Review Panel, please inappropriate, improper, inadequate, or The Clean Air Scientific Advisory inconsistent with the requirements of explicitly indicate the specific areas of Committee is announcing the expertise the candidate could the Act. Unless EPA or the Department reconstitution of its Ozone Review of Justice determine, based on any contribute. The CASAC requests Panel to conduct reviews of the criteria nominees who are recognized, national- comment which may be submitted, that and national ambient air quality consent to the settlement agreement level experts in one or more of the standards (NAAQS) for ozone. The following disciplines: should be withdrawn, the terms of the CASAC is hereby soliciting nominations agreement will be affirmed. (a) Atmospheric Science. Expertise in to establish the members of the new physical/chemical properties of ozone Dated: June 4, 2003. Panel. The Ozone Review Panel is and other photochemical oxidants, their Lisa K. Friedman, intended to operate for two to five precursor substances, and atmospheric Associate General Counsel, Air and Radiation (nominally, three) years, with a separate processes involved in the formation, Law Office. charge to be issued to the Panel by the transport, and degradation of ozone and [FR Doc. 03–14873 Filed 6–11–03; 8:45 am] Agency for each review or project. other photochemical oxidants in the BILLING CODE 6560–50–P The CASAC, which comprises seven atmosphere, including interaction with members appointed by the EPA global climate and stratospheric ozone. Administrator, was established by Also, expertise in the evaluation of ENVIRONMENTAL PROTECTION section 109(d)(2) of the Clean Air Act natural and man-made (anthropogenic) AGENCY (42 U.S.C. 7409) as an independent sources and emissions of precursors of scientific advisory committee, in part to [FRL–7511–9] tropospheric ozone and other provide advice and recommendations photochemical oxidants, pertinent Clean Air Scientific Advisory related to the Agency’s periodic reviews monitoring/measurement methods for Committee, Science Advisory Board: of the criteria and NAAQS required such substances, and spatial/temporal Clean Air Scientific Advisory under sections 108 and 109 of the Act. trends in atmospheric concentrations of Committee (CASAC) Ozone Review To provide the appropriate range of them. Panel; Request for Nominations expertise needed for the review of the (b) Exposure and Risk Assessment/ criteria and standards for each pollutant Modeling. Expertise in measuring AGENCY: Environmental Protection for which NAAQS are established, a human population exposure to ozone Agency (EPA). Panel of experts is typically formed by and/or in modeling human exposure to ACTION: Notice. supplementing the expertise provided ambient and indoor pollutants. Also, by the seven CASAC members expertise in human health risk analysis SUMMARY: The Clean Air Scientific themselves. As the Agency is now in the modeling for ozone or other pollutants Advisory Committee (CASAC) of the early stages of its review of the criteria causing respiratory and/or other non- Environmental Protection Agency (EPA and standards for ozone, the Ozone cancer health effects. or Agency) is announcing the Review Panel is being reconstituted at (c) Ecological Effects and Resource reconstitution of the Ozone Review this time. The CASAC, which is Valuation. Expertise in evaluation of: Panel (Panel) and is hereby soliciting administratively located under the EPA Patterns of exposure to ozone and/or nominations for this Panel. Science Advisory Board, reports to the other photochemical oxidants of DATES: Nominations should be EPA Administrator. All seven statutory ornamental and/or agricultural plants submitted by July 3, 2003. members of the CASAC will also serve and/or natural ecosystems and their ADDRESSES: Nominations should be as members of the CASAC Ozone components; effects of ozone and other submitted in electronic format through Review Panel. Accordingly, once the photochemical oxidants on natural the Form for Nominating Individuals to CASAC Ozone Review Panel completes ecosystems (especially terrestrial) and Panels of the EPA Science Advisory its deliberations on a given activity, its their components (both flora and fauna), Board provided on the SAB Web site. report will be transmitted directly to the ranging from biochemical/sub-cellular The form can be accessed through a link Administrator. effects and identification of indicators of on the blue navigational bar on the SAB The SAB was established by 42 U.S.C. pathophysiological effects at the Web site, http://www.epa.gov/sab. To be 4365 to provide independent scientific individual plant level, to effects on considered, all nominations must and technical advice, consultation, and species and populations, on up to include the information required on that recommendations to the EPA include impacts on increasingly more form. Anyone who is unable to submit Administrator on the technical basis for complex (e.g., landscape) levels of nominations via this form may contact Agency positions and regulations. Both ecosystem organization. Also, expertise Mr. Fred Butterfield, Designated Federal the CASAC and the SAB are Federal in (i) ecosystem risk assessment and (ii)

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ecological resource valuation/ Fred Butterfield, DFO, as indicated scientific perspectives (which, among economics. above in this Federal Register notice. other factors, can be influenced by work (d) Dosimetry. Expertise in Nominations should be submitted in history and affiliation), and the conducting and/or evaluation of the time to arrive no later than July 3, 2003. collective breadth of experience to dosimetry of animal and human To be considered, all nominations adequately address the charge. Public subjects, including identification of must include: (a) A current biography, responses to the Short List candidates factors determining differential patterns curriculum vitae (C.V.) or resume, will be considered in the selection of of inhalation and/or deposition/uptake which provides the nominee’s the Panel, along with information in respiratory tract regions that may background, experience and provided by candidates and information contribute to differential susceptibility qualifications for the Panel; and (b) a gathered by EPA SAB Staff of human population subgroups and brief biographical sketch (‘‘biosketch’’). independently on the background of animal-to-human dosimetry The biosketch should be no longer than each candidate (e.g., financial disclosure extrapolations. one page and must contain the (e) Toxicology. Expertise in following information for the nominee: information and computer searches to conducting and/or evaluation of (i) Current professional affiliations evaluate a nominee’s prior involvement experimental laboratory animal studies and positions held; with the topic under review). Specific of the effects of ozone and/or other (ii) Area(s) of expertise, and research criteria to be used in evaluating an photochemical oxidants on respiratory activities and interests; individual Panel member include: (a) and non-respiratory (e.g., lung defense/ (iii) Leadership positions in national Scientific and/or technical expertise, other immune function mechanisms) associations or professional publications knowledge, and experience (primary endpoints. or other significant distinctions; factors); (b) availability and willingness (f) Controlled Human Exposure. (iv) Educational background, to serve; (c) absence of financial Expertise in conducting and/or especially advanced degrees, including conflicts of interest; (d) scientific evaluation of controlled human when and from which institutions these credibility and impartiality; and (e) exposure studies of the effects of such were granted; skills working in committees, substances on healthy and compromised (v) Service on other advisory subcommittees and advisory panels. committees, professional societies, (having pertinent preexisting chronic Ozone Review Panel members will disease, e.g., asthma) human adults and especially those associated with issues likely be asked to attend two to three children, including medical doctors under discussion in this review; and public, face-to-face meetings and several (M.D.) with experience in the clinical (vi) Sources of recent (i.e., within the treatment of asthma. preceding two years) grant and/or other public teleconference meetings per year (g) Epidemiology and Biostatistics. contract support, from government, over the anticipated two-to five-year Expertise in epidemiological evaluation industry, academia, etc., including the course of the Panel’s activity. of the effects of exposures to ambient topic area of the funded activity. Short List candidates will also be ozone and/or other major ambient air Please note that even if there is no required to fill-out the ‘‘Confidential co-pollutants (e.g., particulate matter, responsive information (e.g., no recent Financial Disclosure Form for Special sulfur dioxide, nitrogen dioxide, carbon grant or contract funding), this must be Government Employees Serving on monoxide) on human population indicated on the biosketch (by ‘‘N/A’’ or Federal Advisory Committees at the groups, including effects on mortality ‘‘None’’). Incomplete biosketches will U.S. Environmental Protection Agency’’ and/or morbidity (e.g., respiratory result in nomination packages not being (EPA Form 3110–48). This confidential symptoms, lung function decrements, accepted. form, which is used by EPA SAB The EPA Science Advisory Board will asthma medication use, respiratory- Members and Consultants, allows related hospital admissions) endpoints. acknowledge receipt of the nomination and inform nominators of the panel Government officials to determine Also, expertise in associated whether there is a statutory conflict biostatistics and/or health risk analysis selected. From the nominees identified between that person’s public (including Bayesian statistical by respondents to this Federal Register responsibilities (which includes approaches). notice (termed the ‘‘Widecast’’), SAB Staff will develop a smaller subset membership on an EPA Federal Process and Deadline for Submitting (known as the ‘‘Short List’’) for more advisory committee) and private Nominations detailed consideration. Criteria used by interests and activities, or the Any interested person or organization the SAB Staff in developing this Short appearance of a lack of impartiality, as may nominate qualified individuals to List are given at the end of the following defined by Federal regulation. The form add expertise to the Panel in the areas paragraph. The Short List will be posted may be viewed and downloaded from of expertise described above. on the SAB Web site at: http:// the following URL address: http:// Nominations should be submitted in www.epa.gov/sab, and will include, for www.epa.gov/sab/pdf/epaform3110– electronic format through the Form for each candidate, the nominee’s name and 48.pdf. Nominating Individuals to Panels of the their biosketch. Public comments will Dated: June 5, 2003. EPA Science Advisory Board provided be accepted for 21 calendar days on the on the SAB Web site. The form can be Short List. During this comment period, Vanessa T. Vu, accessed through a link on the blue the public will be requested to provide Director, EPA Science Advisory Board Staff navigational bar on the SAB Web site, information, analysis or other Office. http://www.epa.gov/sab. To be documentation on nominees that the [FR Doc. 03–14877 Filed 6–11–03; 8:45 am] considered, all nominations must SAB Staff should consider in evaluating BILLING CODE 6560–50–P include the information required on that candidates for the CASAC Ozone form. Review Panel. Anyone who is unable to submit For the EPA SAB, a balanced review nominations using this form, and any panel is characterized by inclusion of questions concerning any aspects of the candidates who possess the necessary nomination process may contact Mr. domains of knowledge, the relevant

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ENVIRONMENTAL PROTECTION Broadway—17th Floor, New York, New 2. Christopher Claus, President, AGENCY York 10007–1866, Attention: Patricia C. Ocean Nature and Conservation Society, Hick, Esq. (212) 637–3137. 21 Winding River Drive, Toms River, NJ [FRL–7511–2] SUPPLEMENTARY INFORMATION: A copy of 08755–5122. Proposed Administrative Peripheral the proposed administrative settlement 3. David J. McKeon, Assistant Party, Inability To Pay, Cash-out agreement, as well as background Planning Director, Ocean County Agreement Under the Comprehensive information relating to the settlement, Planning Board, P.O. Box 2191, Toms Environmental Response, may be obtained in person or by mail River, NJ 08754–2191. 4. William deCamp, Jr., President, Compensation, and Liability Act of from EPA’s Region II Office of Regional Save Barnegat Bay, 906–B Grand Central 1980 Regarding the Meadowlands Counsel, 290 Broadway—17th Floor, New York, New York 10007–1866. Avenue, Lavallette, NJ 08735. Plating & Finishing Site, East 5. Angela C. Andersen, South Jersey Rutherford, NJ Dated: May 30, 2003. Coordinator, American Littoral Society, AGENCY: Environmental Protection William McCabe, P.O. Box 1306, Tuckerton, NJ 08097. Agency. Acting Director, Emergency & Remedial 6. Cindy Zipf, Executive Director, Response Division. Clean Ocean Action, P.O. Box 305, ACTION: Notice of proposed Highlands, NJ 07732–0505. administrative cash-out agreement and [FR Doc. 03–14878 Filed 6–11–03; 8:45 am] EPA received emails from the opportunity for public comment. BILLING CODE 6560–50–P following individual: SUMMARY: The Environmental Protection 1. Bob Scro, Barnegat Bay Estuary Agency (‘‘EPA’’) is proposing to enter ENVIRONMENTAL PROTECTION Program Director, Ocean County into an administrative settlement to AGENCY Planning Department, P.O. Box 2191, resolve claims under the Toms River, New Jersey 08754. Comprehensive Environmental [FRL–7512–9] Mr. Scro identified some Response, Compensation, and Liability typographical errors made in the Act of 1980, as amended (‘‘CERCLA’’), New Jersey State Prohibition on original petition submitted to EPA: 42 U.S.C. 9601 et seq. In accordance Marine Discharges of Vessel Sewage; ‘‘Ocean County Vacation and Technical with EPA guidance, notice is hereby Final Affirmative Determination School’’ should read as ‘‘Ocean County given of a proposed administrative Vocational-Technical School’’ and Notice is hereby given that EPA has settlement pursuant to section 122(h)(1) ‘‘Ocean County Municipal Utilities made a final affirmative determination of CERCLA concerning the Authority’’ should read as ‘‘Ocean regarding the petition dated March 27, Meadowlands Plating & Finishing Site, County Utilities Authorities’’. Mr. Scro 2002 that was received from the State of located in East Rutherford, New Jersey. also commented that since the petition New Jersey. The Regional Notice is being published to inform the was submitted, a third pumpout boat Administrator, Environmental public of the proposed settlement and of had been purchased and is servicing Protection Agency (EPA), pursuant to the opportunity to comment. This boaters in Barnegat Bay. These section 312(f) of Public Law 92–500, as settlement is intended to resolve a corrections have been made to this Final amended by Public Law 95–217 and responsible party’s civil liability for Determination. Public Law 100–4 (the Clean Water Act), Several of the commenters expressed response costs incurred by EPA at the has found that adequate facilities for the support for the establishment of a No Meadowlands Plating & Finishing Site. safe and sanitary removal and treatment Discharge Zone (NDZ) and commented CERCLA provides EPA the authority to of sewage from all vessels are that this Final Determination was an settle certain claims for response costs reasonably available for the waters of important step in protecting the water incurred by the United States with the the Barnegat Bay, Ocean County, New quality of Barnegat Bay and its marine approval of the Attorney General of the Jersey. This petition was made by the resources. The Ocean County Planning United States. New Jersey Department of The proposed settlement provides Board forwarded a Resolution, passed Environmental Protection (NJDEP) in that Andrew Marchese, will pay $30,000 by the Ocean County Board of Chosen cooperation with the Barnegat Bay over 18 months, in reimbursement of Freeholders, supporting the NDZ. Many Estuary Program, New Jersey Marine response costs incurred by EPA in of the commenters, especially the Ocean Sciences Consortium, Ocean County remediating the Meadowlands Plating & County Planning Board, stated that there Planning Board and Ocean County Finishing site in return for a covenant were a number of threats to Barnegat Vocational-Technical School. Upon the not sue under section 107 of CERCLA Bay including non-point source receipt of this affirmative determination, from the United States. pollution and that this designation was NJDEP will completely prohibit the just one of many action items in the DATES: Comments must be provided by discharge of sewage, whether treated or Barnegat Bay Comprehensive July 14, 2003. not, from any vessel in the Barnegat Bay Conservation and Management Plan. ADDRESSES: Comments should be Complex in accordance with section The American Littoral Society (ALS) addressed to the U.S. Environmental 312(f)(3) of the Clean Water Act and 40 expressed support for the establishment Protection Agency, Office of Regional CFR 140.4(a). of the NDZ, but asked several questions Counsel, 290 Broadway—17th Floor, On April 1, 2003, EPA published a regarding education, enforcement, water New York, New York 10007–1866 and Receipt of Petition and Tentative quality improvements and legislative should refer to: In the Matter of Determination and accepted comments issues. Regarding the issues of Meadowlands Plating & Finishing Site, from the public for a thirty (30) day education, ALS commented that a Andrew Marchese, Settling Party, U.S. period. EPA received letters from the mechanism should exist to inform EPA Region II Docket No. CERCLA–02– following individuals: boaters about the requirements of a 2003–2010. 1. A. Jerome Walnut, Chairman, NDZ. As part of the petition, an FOR FURTHER INFORMATION: U.S. Ocean County Planning Department, education program is outlined. This Environmental Protection Agency, P.O. Box 2191, Toms River, New Jersey program is part of the New Jersey Clean Office of Regional Counsel, 290 08754. Vessel Act Program and the Barnegat

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Bay Estuary Program. Regarding the sampling. Since there are several No changes to the determination are enforcement of the NDZ, the U.S. Coast ongoing programs to improve the water necessary based on the comments is responsible for the enforcement and quality in the estuary, it is difficult to received. the State of New Jersey has a attribute these improvements to a Barnegat Bay is a shallow, lagoon-type Memorandum of Understanding, with specific program. Currently, EPA is estuary characteristic of a back bay the Coast Guard, designating the New undertaking a national study to evaluate system of a barrier island coastline. Jersey State Police as the lead law the efficacy of the NDZ designations and enforcement agency. The petition will publish the results when they are Barnegat Bay is bordered by two barrier submitted to EPA states that the State available. ALS asked whether EPA is islands, Island Beach and Long Beach Police will enforce the boating safety aware of a legislative bill that was Island. These islands are approximately standards and marine sanitation device introduced by Congressman Saxton that 64 km in total length, are oriented regulations. ALS raises a question would eliminate NDZ restrictions for north-south and separate the bay from regarding improvements in water vessels that use state of art treatment the Atlantic Ocean. The NDZ will quality and whether EPA or NJDEP will devices. ALS raised certain concerns include Barnegat Bay Complex and its attempt to quantify the improvements in about this bill and asked if EPA had navigable tributaries. The boundary water quality as a result if this comments or concerns. In response, lines have been defined for the Point designation is approved. Certainly, EPA is aware of the legislative bill but Pleasant Canal, Barnegat Inlet and Egg improvements in water quality can be chooses not to comment on the bill at Harbor Inlet as lines between the demonstrated through routine ambient this time. following points:

Point Pleasant Canal ...... 40 04.030 N 40 04.068 N 74 03.281 W 74 03.278 W Barnegat Inlet ...... Inside South Buoy Inside North Buoy 39 45.457 N 39 45.525 N 74 05.519 W 74 05.519 W Egg Harbor Inlet ...... 39 30.521 N 39 30.476 N 74 18.389 W 74 17.322 W

Barnegat Bay provides recreational, Sewage from these facilities is routed to The larger fishing vessels do not operate economic, and aesthetic benefits to the the Ocean County Utilities Authority in the bay, but dock in the vicinity of coastal users of New Jersey. The estuary where it undergoes secondary treatment. Barnegat Light and fish the Atlantic is productive for shellfish harvesting, Three pumpout facilities (Ocean Gate Ocean. recreational activities such as fishing, Yacht Basin, Ocean Beach South and The EPA hereby makes a final kayaking, swimming and boating. The Causeway Boat Rental and Marina) store affirmative determination that adequate bay supports hard clam harvest and blue their waste in holding tanks for disposal facilities for the safe and sanitary crab landings. NJDEP Bureau of Marine by a septic waste hauler. removal and treatment of sewage from Water Classification and Analysis has According to the State’s petition, the all vessels are reasonably available for divided the State into 36 Shellfish vessel population for the waters of the Barnegat Bay Complex in Ocean growing water reaches. The bay Barnegat Bay Complex is approximately County, New Jersey. complex is identified as Reaches 7 15,587 vessels which are docked at Dated: May 30, 2003. through 13 which are as follows: private residences and 12,900 vessels Jane M. Kenny, Reach 7—Barnegat Bay (Bay Head to docked or moored at marinas or yacht Regional Administrator, Region 2. Seaweed Point) clubs. The total vessel population is [FR Doc. 03–14879 Filed 6–11–03; 8:45 am] Reach 8—Barnegat Bay (Seaweed Point 28,487. The ratio of boats to pumpout BILLING CODE 6560–50–P to Mathis Bridge) facilities has been based on the total Reach 9—Toms River number of vessels which could be Reach 10—Barnegat Bay (Mathis Bridge expected. With sixty-six shore-side FEDERAL COMMUNICATIONS to Forked River) pumpout facilities and two pumpout COMMISSION Reach 11—Barnegat Bay (Forked River vessel available to boaters, the ratio of to Main Point) docked or moored boats (including Public Information Collections Reach 12—Manahawkin/Little Egg transients) is approximately 420 vessels Approved by Office of Management Harbor Bay (Main Point to Long Point) per pumpout. Standard guidelines refer and Budget Reach 13—Long Point to Beach Haven to acceptable ratios falling in the range Inlet of 300 to 600 vessels per pumpout. If the June 4, 2003. Information submitted by the State of EPA calculation is employed (as listed SUMMARY: The Federal Communications New Jersey indicate that there are sixty- in the guidance manual entitled, Commission (FCC) has received Office six existing pumpout facilities and three ‘‘Protecting Coastal Waters from Vessel of Management and Budget (OMB) pumpout boats available to service and Marina Discharges: A Guide for approval for the following public vessels throughout the Barnegat Bay State and Local Officials—April 1994’’), information collections pursuant to the Complex. The typical facility is it estimates that twenty-four pumpouts Paperwork Reduction Act of 1995, available to the boating community from are needed to provide adequate Public Law 104–13. An agency may not April through November with hours of facilities. conduct or sponsor and a person is not operation from 8:00AM until 5:00PM, Commercial vessels which operate in required to respond to a collection of seven days a week. Seven facilities are and around Barnegat Bay are engaged in information unless it displays a available all year. Sixty-three of the fishing activities exclusively. Most of currently valid control number. existing pumpout facilities are the operators will use the pumpout FOR FURTHER INFORMATION CONTACT: Paul connected to municipal sewage lines. facilities where they dock or obtain fuel. J. Laurenzano, Federal Communications

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Commission, 445 12th Street, SW., information used by FCC and the public ACTION: Notice. Washington, DC 20554, (202) 418–1359 to determine the justness and or via the Internet at [email protected]. reasonableness of rates, terms and SUMMARY: This document announces the procedures, minimum opening bids, SUPPLEMENTARY INFORMATION: conditions in tariffs as required by the and revised inventory for the upcoming OMB Control No.: 3060–0810. Communications Act of 1934, as amended. auction of construction permits for new OMB Approval Date: 05/23/2003. full power television (TV), low power Expiration Date: 05/31/2006. OMB Control No.: 3060–0894. television (LPTV), and FM broadcast Title: Procedures for Designation of OMB Approval date: 05/09/2003. stations (‘‘Auction No. 54’’) scheduled Eligible Telecommunications Carriers Expiration Date: 05/31/2006. Title: Certification Letter Accounting for July 23, 2003. This document is Pursuant to Section 214(e)(6) of the intended to familiarize prospective Communications Act of 1934, as for Receipt of Federal Support—CC Docket Nos. 96–45 and 96–262. bidders with the procedures and amended. minimum opening bids for this auction. Form No.: N/A. Form No.: N/A. DATES: Estimated Annual Burden: 100 Estimated Annual Burden: 51 Auction No. 54 is scheduled to responses; 6,200 total annual hours; 62 responses; 153 total annual hours; 3 begin on July 23, 2003. hours per respondent. hours per respondent. FOR FURTHER INFORMATION CONTACT: Needs and Uses: The Commission Needs and Uses: 47 U.S.C. 214(e)(6) Auctions and Industry Analysis requires states to certify that carriers states that a telecommunications carrier Division: Kenneth Burnley, Legal within the state had accounted for its that is not subject to the jurisdiction of Branch at (202) 418–0660; Lyle Ishida, receipt of federal support in its rates or a state may request that the Commission Operations Branch at (202) 418–0660 or otherwise used the support pursuant determine whether it is eligible. The Linda Sanderson, Operations Branch at with Section 254 (e). Commission must evaluate whether (717) 338–2888. Audio Division: Lisa such telecommunications carriers meet OMB Control No.: 3060–0755. Scanlan at (202) 418–2700. Video OMB Approval Date: 05/09/2003. the eligibility criteria set forth in the Division: Shaun Maher at (202) 418– Expiration Date: 05/31/2006. 1600. Act. In this Order, the Commission Title: 47 CFR Sections 59.1–59.4— concludes that petitions for designation Infrastructure Sharing. SUPPLEMENTARY INFORMATION: This is a filed under section 214(e)(6) relating to Form No.: N/A. summary of the Auction No. 54 ‘‘near reservation’’ areas will not be Estimated Annual Burden: 1,425 Procedures Public Notice released on considered as petitions relating to tribal responses; 2,325 total annual hours; 1– May 12, 2003. The complete text of the lands and as a result, petitioners seeking 2 hours per respondent. Auction No. 54 Procedures Public ETC designation in such areas must Needs and Uses: In CC Docket No. Notice, including attachments, is follow the procedures out-lined in the 96–237, the Commission implemented available for public inspection and Twelfth Report and Order for non-tribal the infrastructure sharing provisions of copying during regular business hours lands prior to submitting a request for the Communicaitons Act of 1934, as at the FCC Reference Information designation to this Commission under added by the Telecommunications Act Center, Portals II, 445 12th Street, SW., section 214(e)(6). of 1996. Section 259 requires incumbent Room CY–A257, Washington, DC, OMB Control No.: 3060–0514. LECs to file any arrangements showing 20554. The Auction No. 54 Procedures OMB Approval Date: 05/20/2003. the conditions under which they share Public Notice may also be purchased Expiration Date: 05/31/2006. infrastructure per section 259. Section from the Commission’s duplicating Title: Section 43.21 (b)—Holding 259 also requires incumbent LECs to contractor, Qualex International, Portals Company Annual Report. provide information on deployments of II, 445 12th Street, SW., Room CY–B402, Form No.: N/A. new services and equipment to Washington, DC, 20554, telephone 202– Estimated Annual Burden: 20 qualifying carriers. The Commission 863–2893, facsimile 202–863–2898, or responses; 20 total annual hours; 1 hour also requires incumbent LECs to provide via e-mail [email protected]. This per respondent. 60 day notices prior to terminating document is also available on the Needs and Uses: The SEC 10K form section 259 agreements. Internet at the Commission’s Web site: http://wireless.fcc.gov/auctions/54/. is needed from holding companies of Federal Communications Commission. communications common carriers to William F. Caton, I. General Information provide the Commission with the data Deputy Secretary. required to fulfill its regulatory A. Introduction [FR Doc. 03–14814 Filed 6–11–03; 8:45 am] responsibilities and by the public in 1. The Auction No. 54 Procedures analyzing the industry. Selected BILLING CODE 6712–01–P Public Notice announces the procedures information is compiled and published and minimum opening bids for the in the Commission’s annual common FEDERAL COMMUNICATIONS upcoming auction of construction carrier statistical publication. COMMISSION permits for new full power television OMB Control No.: 3060–0400. (TV), low power television (LPTV), and OMB Approval Date: 05/20/2003. [Report No. AUC–03–54–B (Auction No. 54); FM broadcast stations (‘‘Auction No. Expiration Date: 05/31/2006. DA 03–1547] 54’’), scheduled for July 23, 2003. On Title: Tariff Review Plan. Closed Broadcast Auction No. 54 April 11, 2003, in accordance with the Form No.: N/A. Construction Permits for New Balanced Budget Act of 1997, the Media Estimated Annual Burden: 41 Broadcast Stations Scheduled for July Bureau (‘‘MB’’) and the Wireless responses; 2,501 total annual hours; 61 23, 2003; Notice and Filing Telecommunications Bureau (‘‘WTB’’) hours per respondent. Requirements, Minimum Opening Bids, (collectively, the ‘‘Bureaus’’) released Needs and Uses: Certain local Upfront Payments and Other Auction the Auction No. 54 Comment Public exchange carriers are required annually Procedures Notice, 68 FR 19816 (April 22, 2003), to submit Tariff Review Plan in partial seeking comment on the establishment fulfillment of cost support material AGENCY: Federal Communications of reserve prices and/or minimum required by 47 CFR part 61. The Commission. opening bids and other procedures for

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Auction No. 54. The Bureaus received Report and Order, the Broadcast bids or bidding strategies between the no comments in response to the Auction Reconsideration Order, 64 FR 24523 bidders he or she is authorized to No. 54 Comment Public Notice. (May 7, 1999), and the New Entrant represent in the auction. A violation Bidding Credit Reconsideration Order, could similarly occur if the authorized i. Construction Permits To Be Auctioned 64 FR 44856 (August 18, 1999). bidders are different individuals 2. Auction No. 54 will include Potential bidders must also familiarize employed by the same organization construction permits for one TV, two themselves with part 1, subpart Q of the (e.g., law firm or consulting firm). In LPTV, and four FM broadcast stations. Commission’s rules concerning such a case, at a minimum, applicants These broadcast stations are the subject competitive bidding proceedings. In should certify on their applications that of pending, mutually exclusive FCC particular, broadcasters should also precautionary steps have been taken to Form 301 or Form 346 applications for familiarize themselves with the prevent communication between construction permits for the referenced Commission’s recent amendments and authorized bidders and that applicants broadcast services, for which the clarifications to its general competitive and their bidding agents will comply Commission has not approved a bidding rules. with the anti-collusion rule. settlement agreement that obviates the 5. The terms contained in the 7. However, the Bureaus caution that need for an auction. Pursuant to the Commission’s rules, relevant orders and merely filing a certifying statement as Broadcast First Report and Order, 63 FR public notices are not negotiable. The part of an application will not outweigh 48615 (September 11, 1998), Commission may amend or supplement specific evidence that collusive participation in this auction is limited the information contained in our public behavior has occurred, nor will it to the applicants identified in notices at any time, and will issue preclude the initiation of an Attachment A of the Auction No. 54 public notices to convey any new or investigation when warranted. The Procedures Public Notice. All supplemental information to bidders. It Commission’s anti-collusion rules allow applications within a mutually is the responsibility of all prospective applicants to form certain agreements exclusive applicant group (‘‘MX bidders to remain current with all during the auction, provided the Group’’) are directly mutually exclusive Commission rules and with all public applicants have not applied for with one another, and therefore a single notices pertaining to this auction. construction permits in the same construction permit will be auctioned Copies of most Commission documents, market. In Auction No. 54, for example, for each MX Group identified in including public notices, can be the rule would apply to any applicants Attachment A of the Auction No. 54 retrieved from the FCC Auctions bidding for the same market (i.e., Victor, Procedures Public Notice. Applicants Internet site at http://wireless.fcc.gov/ ID, MX Groups FM2 and FM3). will be eligible to bid on only those auctions. Additionally, documents are Therefore, applicants that apply to bid construction permits selected on their available for public inspection and for any construction permit in the same previously filed FCC Form 301 or Form copying during regular business hours market would be precluded from 346. The minimum opening bids and at the FCC Reference Information communicating after filing the FCC upfront payments for these broadcast Center, Portals II, 445 12th Street, SW., Form 175 application with any other construction permits are also included Room CY–A257, Washington, DC, applicant for a construction permit in in Attachment A of the Auction No. 54 20554, or may be purchased from the that same market. However, all Procedures Public Notice. Commission’s duplicating contractor, applicants may enter into bidding 3. As stated in the Broadcast First Qualex International, Portals II, 445 agreements before filing their FCC Form Report and Order, all pending mutually 12th Street, SW., Room CY–B402, 175, as long as they disclose the exclusive applications for broadcast Washington, DC 20554, telephone 202– existence of the agreement(s) in their services must be resolved through a 863–2893, facsimile 202–863–2898, or FCC Form 175. If parties agree in system of competitive bidding. When via e-mail [email protected]. When principle on all material terms prior to two or more short-form applications ordering documents from Qualex, please the short-form filing deadline, those (FCC Form 175) are accepted for filing provide the appropriate FCC document parties must be identified on the short- within an MX Group, mutual number (for example, FCC 98–194 for form application pursuant to exclusivity exits for auction purposes. the Broadcast First Report and Order § 1.2105(c), even if the agreement has Once mutual exclusivity exists for and FCC 99–74 for the Broadcast not been reduced to writing. If the auction purposes, even if only one Reconsideration Order). parties have not agreed in principle by the filing deadline, an applicant would applicant within an MX Group submits ii. Prohibition of Collusion an upfront payment, that applicant is not include the names of those parties 6. To ensure the competitiveness of on its application, and may not continue required to submit a bid in order to the auction process, the Commission’s obtain the construction permit. negotiations with other applicants for rules prohibit applicants for the same the same market. By signing their FCC B. Rules and Disclaimers market from communicating with each Form 175 applications, applicants are other during the auction about bids, certifying their compliance with i. Relevant Authority bidding strategies, or settlements. This §§ 1.2105(c) and 73.5002. 4. Prospective bidders must prohibition begins at the short-form 8. In addition, § 1.65 of the familiarize themselves thoroughly with application filing deadline and ends at Commission’s rules requires an the Commission’s rules relating to the down payment deadline after the applicant to maintain the accuracy and broadcast auctions, contained in title 47, auction. Bidders competing for completeness of information furnished part 73 of the Code of Federal construction permits in the same market in its pending application and to notify Regulations. Prospective bidders must are encouraged not to use the same the Commission within 30 days of any also be thoroughly familiar with the individual as an authorized bidder. A substantial change that may be of procedures, terms and conditions violation of the anti-collusion rule could decisional significance to that (collectively, ‘‘terms’’) contained in the occur if an individual acts as the application. Thus, § 1.65 and 1.2105 Auction No. 54 Procedures Public authorized bidder for two or more require an auction applicant to notify Notice; the Auction No. 54 Comment competing applicants, and conveys the Commission of any violation of the Public Notice, the Broadcast First information concerning the substance of anti-collusion rules upon learning of

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such violation. Bidders therefore are bidder in Auction No. 54, upon deceptive telemarketing investment required to make such notification to submission of its long-form application schemes should be directed to the FTC, the Commission immediately upon (FCC Form 301), will have to provide the SEC, or the National Fraud discovery. interference protection to qualified Information Center at (800) 876–7060. 9. A summary listing of documents Class A television stations. Therefore, Consumers who have concerns about from the Commission and the Bureaus potential bidders are encouraged to specific proposals regarding Auction addressing the application of the anti- perform engineering studies to No. 54 may also call the FCC Consumer collusion rules may be found in determine the existence of Class A Center at (888) CALL-FCC ((888) 225– Attachment F of the Auction No. 54 television stations and their effect on 5322). Procedures Public Notice. the ability to operate the full power v. National Environmental Policy Act iii. Due Diligence television station proposed in this auction. Information about the identity (NEPA) Requirements 10. Potential bidders are reminded and location of Class A television 18. Permittees must comply with the that they are solely responsible for stations is available from the Media Commission’s rules regarding the investigating and evaluating all Bureau’s Consolidated Database System National Environmental Policy Act technical and market place factors that (CDBS) (public access available at: (NEPA). The construction of a broadcast may have a bearing on the value of the http://www.fcc.gov/mb) and on the facility is a federal action and the broadcast facilities in this auction. The Media Bureau’s Class A television web permittee must comply with the FCC makes no representations or page: http://www.fcc.gov/mb/video/ Commission’s NEPA rules for each such warranties about the use of this files/classa.html facility. spectrum for particular services. 14. Potential bidders for the new full Applicants should be aware that an FCC power television facility are also C. Auction Specifics auction represents an opportunity to reminded that full service television i. Auction Date become an FCC permittee in the stations are in the process of converting broadcast service, subject to certain from analog to digital operation and that 19. Auction No. 54 will begin on conditions and regulations. An FCC stations may have pending applications Wednesday, July 23, 2003. The initial auction does not constitute an to construct and operate digital schedule for bidding will be announced endorsement by the FCC of any television facilities, construction by public notice at least one week before particular service, technology, or permits and/or licenses for such digital the start of the auction. Unless product, nor does an FCC construction facilities. Bidders should investigate the otherwise announced, bidding on all permit or license constitute a guarantee impact such applications, permits and construction permits will be conducted of business success. Applicants should licenses may have on their ability to on each business day until bidding has perform their individual due diligence operate the facilities proposed in this stopped on all construction permits. before proceeding as they would with auction. ii. Auction Title any new business venture. 15. Potential bidders should direct 11. Potential bidders are strongly questions regarding the search 20. Auction No. 54—Closed encouraged to conduct their own capabilities of CDBS to the Media Broadcast. research prior to Auction No. 54 in Bureau help line at (202) 418–2662, or iii. Bidding Methodology order to determine the existence of via e-mail at [email protected]. pending proceedings that might affect 21. The bidding methodology for their decisions regarding participation iv. Bidder Alerts Auction No. 54 will be simultaneous, in the auction. Participants in Auction 16. All applicants must certify on multiple round bidding. No. 54 are strongly encouraged to their FCC Form 175 applications under The Commission will conduct this continue such research during the penalty of perjury that they are legally, auction over the Internet, and auction. technically, financially and otherwise telephonic bidding will be available as 12. Bidders are solely responsible for qualified to hold a construction permit, well. identifying associated risks and for and not in default on any payment for As a contingency plan, bidders may investigating and evaluating the degree Commission construction permits or also dial in to the FCC Wide Area to which such matters may effect their licenses (including down payments) or Network. Qualified bidders are ability to bid on, otherwise acquire, or delinquent on any non-tax debt owed to permitted to bid telephonically or make use of the construction permits any Federal agency. Prospective bidders electronically. available in Auction No. 54. are reminded that submission of a false iv. Pre-Auction Dates and Deadlines 13. Potential bidders for the new full certification to the Commission is a power television facility should note serious matter that may result in severe 22. The following is a list of important that, in November 1999, Congress penalties, including monetary dates related to Auction No. 54: enacted the Community Broadcasters forfeitures, construction permit or Auction Seminar—June 12, 2003 Protection Act of 1999 (CBPA) which license revocations, exclusion from Short-Form (FCC Form 175) Filing established a new Class A television participation in future auctions, and/or Window Opens—June 12, 2003; 12 service. In response to the enactment of criminal prosecution. p.m. ET the CBPA, the Commission adopted 17. As is the case with many business Short-Form (FCC Form 175) Application rules to establish the new Class A investment opportunities, some Deadline—June 20, 2003; 6 p.m. ET television service. In the Class A Report unscrupulous entrepreneurs may Upfront Payments (via wire transfer)— and Order, 65 FR 29985 (May 10, 2000), attempt to use Auction No. 54 to July 3, 2003; 6 p.m. ET the Commission adopted rules to deceive and defraud unsuspecting Mock Auction—July 18, 2003 provide interference protection for investors. Information about deceptive Auction Begins—July 23, 2003 eligible Class A television stations from telemarketing investment schemes is new full power television stations. available from the FTC at (202) 326– i. Requirements for Participation Given the Commission’s ruling in the 2222 and from the SEC at (202) 942– 23. Those wishing to participate in Class A Report and Order, the winning 7040. Complaints about specific the auction must:

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• Submit a short form application Washington Area), http:// 29. While the anti-collusion rules do (FCC Form 175) electronically by 6 p.m. www.fcc.gov/formpage.html not prohibit non-auction related ET, June 20, 2003. No other application business negotiations among auction FCC INTERNET SITES may be substituted for the FCC Form applicants, bidders are reminded that 175. http://www.fcc.gov certain discussions or exchanges could • Submit a sufficient upfront http://wireless.fcc.gov/auctions touch upon impermissible subject payment and an FCC Remittance Advice http://www.fcc.gov/mb matters because they may convey Form (FCC Form 159) by 6 p.m. ET, July II. Short-Form Application (FCC Form pricing information and bidding 3, 2003. 175) Requirements strategies. Such subject areas include, • Comply with all provisions but are not limited to, issues such as outlined in this public notice and 25. Guidelines for completion of the management, sales, local marketing applicable Commission rules. short-form application (FCC Form 175) agreements, rebroadcast agreements, are set forth in Attachment D of the and other transactional agreements. i. General Contact Information Auction No. 54 Procedures Public D. New Entrant Bidding Credit (Form 24. The following is a list of general Notice. 175 Exhibit C) contact information related to Auction A. License Selection No. 54: 30. To fulfill its obligations under 26. The Bureaus notes that as part of section 309(j) and further its long- GENERAL AUCTION INFORMATION the FCC Form 175 filing process, standing commitment to the General Auction Questions, Seminar applicants must identify which diversification of broadcast facility Registration—FCC Auctions Hotline construction permits they may bid on as ownership, the Commission adopted a (888) 225–5322, Press Option #2, or part of the auction. While the electronic tiered New Entrant Bidding Credit for direct (717) 338–2888, Hours of FCC Form 175 will allow for the broadcast auction applicants with no, or service: 8 a.m.–5:30 p.m. ET selection of all construction permits, very few, other media interests. applicants should only select from AUCTION LEGAL INFORMATION among those construction permits that i. Eligibility Auction Rules, Policies, Regulations— they selected on their previously filed 31. The interests of the bidder, and of Auctions and Industry Analysis FCC Form 301 or Form 346. Applicants any individuals or entities with an Division, Legal Branch (202) 418– that select construction permits on their attributable interest in the bidder, in 0660 FCC Form 175 that were not selected on other media of mass communications the FCC Form 301 or Form 346 will not shall be considered when determining a LICENSING INFORMATION be permitted to bid on those bidder’s eligibility for the New Entrant Rules, Polices, Regulations; Licensing construction permits during the auction. Bidding Credit. The bidder’s attributable Issues; Due Diligence Incumbency interests shall be determined as of the B. Ownership Disclosure Requirements Issues—Audio Division (202) 418– short-form application (FCC Form 175) (FCC Form 175 Exhibit A) 2700; Video Division (202) 418–2700 filing dead—June 20, 2003. Bidders 27. The Commission indicated in the intending to divest a media interest or TECHNICAL SUPPORT Broadcast First Report and Order that, make any other ownership changes, Electronic Filing, Automated Auction for purposes of determining eligibility to such as resignation of positional System—FCC Auctions Technical participate in a broadcast auction, the interests, in order to avoid attribution Support Hotline, (202) 414–1250 uniform part 1 ownership disclosure for purposes of qualifying for the New (Voice), (202) 414–1255 (TTY); Hours standards would apply. Specifically, in Entrant Bidding Credit must have of service: Monday through Friday 8 completing FCC Form 175, all consummated such divestment a.m. to 6 p.m. ET applicants will be required to provide transactions or have completed such information required by §§ 1.2105 and ownership changes by no later than the PAYMENT INFORMATION 1.2112 of the Commission’s rules. short-form application filing deadline— Wire Transfers, Refunds—FCC Auctions June 20, 2003. Accounting Branch; (202) 418–1995, C. Consortia and Joint Bidding 32. Generally, media interests will be (202) 418–2843 (Fax) Arrangements (FCC Form 175 Exhibit B) attributable for purposes of the New 28. Applicants will be required to Entrant Bidding Credit to the same TELEPHONIC BIDDING identify on their short-form applications extent that such other media interests Will be furnished only to qualified any parties with whom they have are considered attributable for purposes bidders entered into any consortium of the broadcast multiple ownership FCC COPY CONTRACTOR arrangements, joint ventures, rules. However, attributable interests partnerships or other agreements or held by a winning bidder in existing Qualex International understandings which relate in any way low power television, television Additional Copies of Commission to the construction permits being translator or FM translator facilities will documents—Portals II, 445 12th auctioned, including any agreements not be counted among the bidders’ other Street, SW., Room CY–B402, relating to post-auction market mass media interests in determining its Washington, DC 20554, (202) 863– structure. Applicants will also be eligibility for a New Entrant Bidding 2893, (202) 863–2898, (Fax), required to certify on their short-form Credit. Full service noncommercial [email protected] (E-mail) applications that they have not entered educational stations, on both reserved into any explicit or implicit agreements, and non-reserved channels, are PRESS INFORMATION arrangements or understandings of any included among ‘‘media of mass Meribeth McCarrick (202) 418–0654 kind with any parties, other than those communications’’ as defined in identified, regarding the amount of their § 73.5008(b). A medium of mass FCC FORMS bids, bidding strategies, or the particular communications is defined in 47 CFR (800) 418–3676 (outside Washington, construction permits on which they will 73.5008 (b) and includes non- DC), (202) 418–3676 (in the or will not bid. commercial broadcast stations. For more

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information, see section II.C. of the D. Provisions Regarding Defaulters and applicants may make only minor Auction No. 54 Procedures Public Former Defaulters (Form 175 Exhibit D) changes to their FCC Form 175 Notice. 36. Each applicant must provide a applications. Applicants will not be permitted to make major modifications ii. Application Requirements certification on its FCC Form 175 application, made under penalty of to their applications (e.g., change their 33. In addition to the ownership perjury, that it is not in default on any construction permit selections, change information required on Exhibit A, Commission licenses and that it is not the certifying official, changes in applicants are required to file delinquent on any non-tax debt owed to ownership of the applicant that would supporting documentation on Exhibit C any Federal agency. In addition, each constitute a change of control of the to their FCC Form 175 applications to applicant must provide a certification applicant, or changes affecting establish that they satisfy the eligibility on its FCC Form 175 application, made eligibility for the new entrant bidding requirements to qualify for a New under penalty of perjury, indicating credit). Permissible minor changes Entrant Bidding Credit. In those cases whether or not the applicant, its include, for example, deletion and where a New Entrant Bidding Credit is affiliates, its controlling interests, or the addition of authorized bidders (to a being sought, a certification under affiliates of its controlling interest, have maximum of three) and revision of penalty of perjury must be set forth in ever been in default on any Commission exhibits. Applicants should make these Exhibit C. licenses or have ever been delinquent modifications to their FCC Form 175 iii. Bidding Credits on any non-tax debt owed to any federal electronically and submit a letter, briefly summarizing the changes, by 34. Applicants that qualify for the agency. The applicant must provide electronic mail to the attention of New Entrant Bidding Credit, as set forth such information for itself, its affiliates, Margaret Wiener, Chief, Auctions and in 47 CFR 73.5007, are eligible for a its controlling interests, and the Industry Analysis Division, at the bidding credit that represents the affiliates of its controlling interests, as following address: [email protected]. amount by which a bidder’s winning defined by § 1.2110 of the Commission’s The electronic mail summarizing the bid is discounted. The size of a New rules (as amended in the Part 1 Fifth changes must include a subject or Entrant Bidding Credit depends on the Report and Order). Applicants must caption referring to Auction No. 54. The number of ownership interests in other include this statement as Exhibit D of the FCC Form 175. Bureaus requests that parties format any media of mass communications that are 37. ‘‘Former defaulters’’—i.e., attachments to electronic mail as attributable to the bidder-entity and its applicants, including their attributable Adobe Acrobat (pdf) or Microsoft attributable interest-holders: interest holders, that in the past have • A 35 percent bidding credit will be Word documents. defaulted on any Commission licenses given to a winning bidder if it, and/or 41. A separate copy of the letter or been delinquent on any non-tax debt any individual or entity with an should be faxed to the attention of owed to any Federal agency, but that attributable interest in the winning Kathryn Garland at (717) 338–2850. have since remedied all such defaults bidder, has no attributable interest in and cured all of their outstanding non- H. Maintaining Current Information in any other media of mass tax delinquencies—are eligible to bid in Short-Form Applications (FCC Form communications, as defined in 47 CFR Auction No. 54, provided that they are 175) 73.5008; otherwise qualified. However, as 42. Applicants have an obligation • A 25 percent bidding credit will be discussed infra in section III.D.iii, under 47 CFR 1.65, to maintain the given to a winning bidder if it, and/or former defaulters are required to pay completeness and accuracy of any individual or entity with an upfront payments that are fifty percent information in their short-form attributable interest in the winning more than the normal upfront payment applications. Amendments reporting bidder, has an attributable interest in no amounts. substantial changes of possible more than three mass media facilities, as decisional significance in information defined in 47 CFR 73.5008; E. Installment Payments • No bidding credit will be given if contained in FCC Form 175 38. Installment payment plans will applications, as defined by 47 CFR any of the commonly owned mass not be available in Auction No. 54. media facilities serve the same area as 1.2105(b)(2), will not be accepted and the proposed broadcast station, as F. Other Information (FCC Form 175 may in some instances result in the defined in 47 CFR 73.5007, or if the Exhibits E and F) dismissal of the FCC Form 175 application. winning bidder, and/or any individual 39. Applicants owned by minorities or entity with an attributable interest in or women, as defined in 47 CFR III. Pre-Auction Procedures the winning bidder, has attributable 1.2110(b)(2), may attach an exhibit A. Auction Seminar interests in more than three mass media (Exhibit E) regarding this status. This facilities. applicant status information is collected 43. On June 12, 2003 the FCC will 35. Bidding credits are not for statistical purposes only and assists sponsor a free seminar for Auction No. cumulative; qualifying applicants the Commission in monitoring the 54 at the Federal Communications receive either the 25 percent or the 35 participation of ‘‘designated entities’’ in Commission, located at 445 12th Street, percent bidding credit, but not both. its auctions. Applicants must specify SW., Washington, DC. The seminar will Attributable interests are defined in 47 the file number of the pending FCC provide attendees with information CFR 73.3555 and note 2 of that section. Form 301 or Form 346 on Exhibit F about pre-auction procedures, conduct Bidders should note that unjust (Miscellaneous Information). Applicants of the auction, the FCC Automated enrichment provisions apply to a wishing to submit additional Auction System, and the broadcast winning bidder that utilizes a bidding information may do so on Exhibit F. service and auction rules. credit and subsequently seeks to assign or transfer control of its license or G. Minor Modifications to Short-Form B. Short-Form Application (FCC Form construction permit to an entity not Applications (FCC Form 175) 175)—Due June 20, 2003 qualifying for the same level of bidding 40. After the short-form application 44. In order to be eligible to bid in this credit. filing deadline (June 20, 2003), auction, applicants must first submit an

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FCC Form 175 application. This C. Application Processing and Minor Order, the Commission ordered that application must be submitted Corrections ‘‘former defaulters,’’ i.e., applicants that electronically and received at the 51. After the deadline for filing the have ever been in default on any Commission no later than 6 p.m. ET on FCC Form 175 applications has passed, Commission license or have ever been June 20, 2003. Late applications will not the FCC will process all timely delinquent on any non-tax debt owed to be accepted. submitted applications to determine any Federal agency, be required to pay 45. There is no application fee which are acceptable for filing, and upfront payments fifty percent greater required when filing an FCC Form 175. subsequently will issue a public notice than non-‘‘former defaulters.’’ In the Auction No. 54 Comment Public Notice, i. Electronic Filing identifying: (i) Those applications accepted for filing (including FCC the Bureaus proposed that the amount 46. Applicants must file their FCC account numbers and the construction of the upfront payment would Form 175 applications electronically. permits for which they applied); (ii) determine the number of bidding units Applications may generally be filed at those applications rejected; and (iii) on which a bidder may place bids. In any time beginning at 12 noon ET on those applications which have minor order to bid on a construction permit, June 12, 2003, until 6 p.m. ET on June defects that may be corrected, and the otherwise qualified bidders that applied 20, 2003. Applicants are strongly deadline for filing such corrected for that construction permit on FCC encouraged to file early and are applications. Form 175 must have an eligibility level responsible for allowing adequate time that meets the number of bidding units for filing their applications. Applicants D. Upfront Payments—Due July 3, 2003 assigned to that construction permit. may update or amend their electronic 52. In order to be eligible to bid in the (While the electronic FCC Form 175 applications multiple times until the auction, applicants must submit an allows for the selection of all filing deadline on June 20, 2003. upfront payment accompanied by an construction permits, applicants should 47. Applicants must press the FCC Remittance Advice Form (FCC only select from among those ‘‘SUBMIT Application’’ button on the Form 159). After completing the FCC construction permits that they selected ‘‘Submission’’ page of the electronic Form 175, filers will have access to an on their previously filed FCC Form 301 form to successfully submit their FCC electronic version of the FCC Form 159 or Form 346). At a minimum, an Form 175s. Any form that is not that can be printed and faxed to Mellon applicant’s total upfront payment must submitted will not be reviewed by the Bank in Pittsburgh, PA. All upfront be enough to establish eligibility to bid FCC. Information about accessing the payments must be received at Mellon on at least one construction permit applied for on FCC Form 175, or else the FCC Form 175 is included in Bank by 6 p.m. ET on July 3, 2003. For applicant will not be eligible to Attachment C of the Auction No. 54 specific instructions regarding upfront participate in the auction. No comments Procedures Public Notice. Technical payments, see section III.D. of the were received; therefore, the Bureaus support is available at (202) 414–1250 Auction No. 54 Procedures Public adopt its proposal. The specific upfront (voice) or (202) 414–1255 (text Notice. payments and bidding units for each telephone (TTY)); hours of service are i. Making Auction Payments by Wire construction permit are set forth in Monday through Friday, from 8 a.m. to Transfer Attachment A of the Auction No. 54 6 p.m. ET. In order to provide better 53. Wire transfer payments must be Procedures Public Notice. service to the public, all calls to the received by 6 p.m. ET on July 3, 2003. 56. In calculating its upfront payment hotline are recorded. To avoid untimely payments, applicants amount, an applicant should determine ii. Completion of the FCC Form 175 should discuss arrangements (including the maximum number of bidding units bank closing schedules) with their on which it may wish to be active 48. Applicants should carefully banker several days before they plan to (bidding units associated with review 47 CFR 1.2105 and 73.5002, and make the wire transfer, and allow construction permits on which the must complete all items on the FCC sufficient time for the transfer to be bidder has the standing high bid from Form 175. Instructions for completing initiated and completed before the the previous round and construction the FCC Form 175 are in Attachment D deadline. permits on which the bidder places a of the Auction No. 54 Procedures Public 54. Applicants must fax a completed bid in the current round) in any single Notice. FCC Form 159 (Revised 2/00) to Mellon round, and submit an upfront payment iii. Electronic Review of FCC Form 175 Bank at (412) 209–6045 at least one hour covering that number of bidding units. before placing the order for the wire In order to make this calculation, an 49. The FCC Form 175 electronic transfer (but on the same business day). applicant should add together the review system may be used to locate On the cover sheet of the fax, write upfront payments for all construction and print applicants’ FCC Form 175 ‘‘Wire Transfer—Auction Payment for permits on which it seeks to bid in any information. There is no fee for Auction Event No. 54.’’ Bidders should given round. Bidders should check their accessing this system. See Attachment C confirm the receipt of their upfront calculations carefully, as there is no of the Auction No. 54 Procedures Public payment at Mellon Bank by contacting provision for increasing a bidder’s Notice for details on accessing the their sending financial institution. maximum eligibility after the upfront review system. Detailed instructions for completion of payment deadline. 50. Applicants may also view other FCC Form 159 are included in 57. Former defaulters should calculate applicants’ completed FCC Form 175s Attachment E of the Auction No. 54 their upfront payment for all after the filing deadline has passed, and Procedures Public Notice. construction permits by multiplying the the FCC has issued a public notice number of bidding units they wish to explaining the status of the applications. ii. Amount of Upfront Payment purchase by 1.5. In order to calculate Note: Applicants should not include 55. The Commission delegated to the the number of bidding units to assign to sensitive information (i.e., Taxpayer Bureaus the authority and discretion to former defaulters, the Commission will Identification Number or Employer determine appropriate upfront divide the upfront payment received by Identification Number) on any exhibits payment(s) for each auction. In 1.5 and round the result up to the to their FCC Form 175 applications. addition, in the Part 1 Fifth Report and nearest bidding unit.

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Note: An applicant’s actual bidding in any able to submit bids. Therefore, any auction. Participation by all bidders is round will be limited by the bidding units qualified applicant that has not received strongly recommended. Details will be reflected in its upfront payment, in both mailings by noon on Wednesday, announced by public notice. conjunction with the selections made on the July 16, 2003, should contact the FCC Form 175. IV. Auction Event Auctions Hotline at (717) 338–2888. Receipt of both registration mailings is 66. The first round of bidding for iii. Applicant’s Wire Transfer critical to participating in the auction Auction No. 54 will begin on Information for Purposes of Refunds of and each applicant is responsible for Wednesday, July 23, 2003. The initial Upfront Payments ensuring it has received all of the bidding schedule will be announced in 58. The Commission will use wire registration material. a public notice listing the qualified transfers for all Auction No. 54 refunds. 62. Qualified bidders should note that bidders, which is released To ensure that refunds of upfront lost bidder identification numbers or approximately 10 days before the start payments are processed in an SecurID cards can be replaced only by of the auction. expeditious manner, the Commission is appearing in person at the FCC requesting that all pertinent information Headquarters located at 445 12th Street, A. Auction Structure as listed be supplied to the FCC. SW., Washington, DC 20554. Only an i. Simultaneous Multiple Round Applicants can provide the information authorized representative or certifying Auction electronically during the initial short- official, as designated on an applicant’s 67. In the Auction No. 54 Comment form filing window after the form has FCC Form 175, may appear in person Public Notice, the Bureaus proposed to been submitted. Wire Transfer with two forms of identification (one of award all the construction permits in Instructions can also be manually faxed which must be a photo identification) in Auction No. 54 in a simultaneous to the FCC, Financial Operations Center, order to receive replacements. Qualified multiple round auction. The Bureaus Auctions Accounting Group, ATTN: bidders requiring replacements must received no comments on this issue. Gail Glasser or Tim Dates, at (202) 418– call technical support prior to arriving The Bureaus therefore concludes that it 2843 by July 3, 2003. All refunds will at the FCC. is operationally feasible and appropriate be returned to the payer of record as F. Remote Electronic Bidding to auction the construction permits identified on the FCC Form 159 unless through a simultaneous multiple round the payer submits written authorization 63. The Commission will conduct this auction. Unless otherwise announced, instructing otherwise. For additional auction over the Internet, and bids will be accepted on all construction information, please call Gail Glasser at telephonic bidding will be available as permits in successive rounds of bidding. 202–418–0578 or Tim Dates at (202) well. As a contingency plan, bidders 418–0496. may also dial in to the FCC Wide Area ii. Maximum Eligibility and Activity Name of Bank Network. Qualified bidders are Rules permitted to bid telephonically or ABA Number 68. In the Auction No. 54 Comment Contact and Phone Number electronically. In either case, each authorized bidder must have its own Public Notice, the Bureaus proposed Account Number to Credit that the amount of the upfront payment Name of Account Holder SecurID card, which the FCC will submitted by a bidder would determine FCC Registration Number (FRN) provide at no charge. For security Taxpayer Identification Number purposes, the SecurID cards and the the maximum initial eligibility (as Correspondent Bank (if applicable) FCC Automated Auction System user measured in bidding units) for each ABA Number manual are only mailed to the contact bidder. No comments were received Account Number person at the contact address listed on concerning the eligibility rule. the FCC Form 175. Each SecurID card is 69. For Auction No. 54, the Bureaus E. Auction Registration tailored to a specific auction; therefore, will adopt its proposal. The amount of 59. Approximately ten days before the SecurID cards issued for other auctions the upfront payment submitted by a auction, the FCC will issue a public or obtained from a source other than the bidder determines the maximum initial notice announcing all qualified bidders FCC will not work for Auction No. 54. eligibility (in bidding units) for each for the auction. Qualified bidders are The telephonic bidding phone number bidder. The total upfront payment those applicants whose FCC Form 175 will be supplied in the first overnight defines the maximum number of applications have been accepted for mailing, which also includes the bidding units on which the applicant filing and that have timely submitted confidential bidder identification will be permitted to bid and hold high upfront payments sufficient to make number. Each applicant should indicate bids in a round. As there is no provision them eligible to bid on at least one of its bidding preference—electronic or for increasing a bidder’s eligibility after the construction permits for which they telephonic—on the FCC Form 175. the upfront payment deadline, applied. 64. SecurID cards can be recycled, prospective bidders are cautioned to 60. All qualified bidders are and the Bureaus encourages bidders to calculate their upfront payments automatically registered for the auction. return the cards to the FCC. The carefully. The total upfront payment Registration materials will be Bureaus will provide pre-addressed does not affect the total dollar amount distributed prior to the auction by two envelopes that bidders may use to a bidder may bid on any given separate overnight mailings, each return the cards once the auction is construction permit. containing the confidential bidder over. 70. In addition, the Bureaus received identification number (BIN) and the no comments on its proposal for a single other containing the SecurID cards, both G. Mock Auction stage auction. Therefore, in order to of which are required to place bids. 65. All qualified bidders will be ensure that the auction closes within a These mailings will be sent only to the eligible to participate in a mock auction reasonable period of time, the Bureaus contact person at the contact address on Friday, July 18, 2003. The mock adopts its proposal with the following listed in the FCC Form 175. auction will enable applicants to activity requirement: a bidder is 61. Applicants that do not receive become familiar with the FCC required to be active on 100 percent of both registration mailings will not be Automated Auction System prior to the its current eligibility during each round

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of the auction. That is a bidder must to keep the auction open without discretion to invoke the other versions either place a bid and/or be the standing placing a bid. If a bidder submits a of the stopping rule. high bidder during each round of the proactive waiver (using the proactive v. Auction Delay, Suspension, or auction. waiver function in the bidding system) Cancellation 71. Failure to maintain the requisite during a bidding period in which no activity level will result in the use of an bids are submitted, the auction will 81. By public notice or by activity rule waiver, if any remain, or a remain open and the bidder’s eligibility announcement during the auction, the permanent reduction in the bidder’s will be preserved. An automatic waiver Bureaus may delay, suspend, or cancel bidding eligibility, possibly eliminating invoked in a round in which there are the auction in the event of natural them from the auction. no new bids will not keep the auction disaster, technical obstacle, evidence of iii. Activity Rule Waivers and Reducing open. Note: Once a proactive waiver is an auction security breach, unlawful Eligibility submitted during a round, that waiver bidding activity, administrative or cannot be unsubmitted. weather necessity, or for any other 72. Each bidder will be provided three reason that affects the fair and activity rule waivers that may be used iv. Auction Stopping Rules competitive conduct of competitive in any round during the course of the 76. For Auction No. 54, the Bureaus bidding. In such cases, the Bureaus, in auction. Use of an activity rule waiver proposed to employ a simultaneous their sole discretion, may elect to preserves the bidder’s current bidding stopping rule. Under this rule, bidding resume the auction starting from the eligibility despite the bidder’s activity will remain open on all construction beginning of the current round, resume in the current round being below the permits until bidding stops on every the auction starting from some previous required level. An activity rule waiver construction permit. The auction will round, or cancel the auction in its applies to an entire round of bidding close for all construction permits when entirety. and not to a particular construction one round passes during which no B. Bidding Procedures permit. bidder submits a new acceptable bid on 73. The FCC Automated Auction any construction permit or applies a i. Round Structure System assumes that bidders with proactive waiver. insufficient activity would prefer to use 82. The initial bidding schedule will an activity rule waiver (if available) 77. The Bureaus also sought comment be announced in the public notice rather than lose bidding eligibility. on a modified version of the stopping listing the qualified bidders, which is Therefore, the system will automatically rule. The modified version of the released approximately 10 days before apply a waiver (known as an ‘‘automatic stopping rule would close the auction the start of the auction. Each bidding waiver’’) at the end of any round where for all construction permits after the round is followed by the release of the a bidder’s activity level is below the first round in which no bidder submits round results. Multiple bidding rounds minimum required unless: (i) There are a proactive waiver or a new bid on any may be conducted in a given day. no activity rule waivers remaining; or construction permit on which it is not Details regarding round result formats (ii) bidders eligible to bid on more than the standing high bidder. and locations will also be included in one construction permit override the 78. The Bureaus further proposed the qualified bidders public notice. automatic application of a waiver by retaining the discretion to keep an 83. The FCC has discretion to change reducing eligibility, thereby meeting the auction open even if no new bids or the bidding schedule in order to foster minimum requirements. If a bidder that proactive waivers are submitted. In this an auction pace that reasonably is eligible to bid on only one event, the effect will be the same as if balances speed with the bidders’ need to construction permit has no activity rule a bidder had submitted a proactive study round results and adjust their waivers available, the bidder’s eligibility waiver. Thus, the activity rule will bidding strategies. The Bureaus may will be reduced, eliminating it from the apply as usual, and a bidder with increase or decrease the amount of time auction. If a bidder that is eligible to bid insufficient activity will either use an for the bidding rounds and review on more than one construction permit activity rule waiver (if it has any left) or periods, or the number of rounds per has no waivers remaining and does not lose bidding eligibility. day, depending upon the bidding satisfy the required activity level, its 79. In addition, the Bureaus proposed activity level and other factors. current eligibility will be permanently that it reserve the right to declare that the auction will end after a designated ii. Reserve Price or Minimum Opening reduced, possibly eliminating the bidder Bid from the auction. number of additional rounds (‘‘special 74. A bidder that is eligible to bid on stopping rule’’). If the Bureaus invoke 84. For Auction No. 54, the Bureaus more than one construction permit and this special stopping rule, it will accept proposed establishing minimum has insufficient activity may wish to bids in the final round(s) only for opening bids based on the potential reduce its bidding eligibility rather than construction permits on which the high value of the spectrum, including the use an activity rule waiver. If so, the bid increased in at least one of the type of service, proposed population bidder must affirmatively override the preceding specified number of rounds. coverage, market size, industry cash automatic waiver mechanism during the The Bureaus proposed to exercise this flow data and recent broadcast bidding period by using the ‘‘reduce option only in circumstances such as transactions. The Bureaus received no eligibility’’ function in the bidding where the auction is proceeding very comments on this issue therefore, it system. In this case, the bidder’s slowly, where there is minimal overall adopts its proposal. The specific eligibility is permanently reduced to bidding activity, or where it appears minimum opening bids for each bring the bidder into compliance with likely that the auction will not close construction permit are set forth in the activity rules. Once eligibility has within a reasonable period of time. Attachment A of the Auction No. 54 been reduced, a bidder will not be 80. The Bureaus adopt all of the Procedures Public Notice. permitted to regain its lost bidding proposals concerning the auction 85. The minimum opening bids the eligibility. stopping rules. Auction No. 54 will Bureaus adopts for Auction No. 54 are 75. Finally, a bidder may proactively begin under the simultaneous stopping reducible at its discretion. The Bureaus use an activity rule waiver as a means rule, and the Bureaus will retain the emphasizes, however, that such

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discretion will be exercised, if at all, opening bid). Therefore, when the which the bidder has removed its bid do sparingly and early in the auction, i.e., percentage increment equals 0.1 (i.e., not count towards the bidder’s activity before bidders lose all waivers and 10%), the first additional bid amount at the close of the round. begin to lose substantial eligibility. will be approximately ten percent 94. Please note that all bidding will During the course of the auction, the higher than the minimum opening bid; take place remotely either through the Bureaus will not entertain any requests the second, twenty percent higher; the FCC Automated Auction System or by to reduce the minimum opening bid on third, thirty percent higher; etc. telephonic bidding. Telephonic bidders specific construction permits. 90. The Bureaus retain the discretion are therefore reminded to allow to compute the minimum acceptable sufficient time to bid by placing their iii. Minimum Acceptable Bids and Bid bids through other methodologies if calls well in advance of the close of a Increments they determine circumstances so round. Normally, four to five minutes 86. In the Auction No. 54 Comment dictate. Advanced notice of the Bureaus’ are necessary to complete a bid Public Notice, the Bureaus proposed to decision to do so will be announced via submission. use a fixed percentage to calculate the FCC Automated Auction System. 95. A bidder’s ability to bid on minimum acceptable bids. The Bureaus specific construction permits in the first further proposed to retain the discretion iv. High Bids round of the auction is determined by to change the minimum acceptable bids 91. At the end of a bidding round, the two factors: (i) The construction permits and bid increments if circumstances so FCC Automated Auction System applied for on FCC Form 175 dictate. determines the high bid for each (applicants are eligible to bid on only 87. The Bureaus adopts the proposal construction permit based on the those construction permits selected on contained in the Auction No. 54 highest gross bid amount received for their previously filed FCC Form 301 or Comment Public Notice. Once there is a each construction permit. A high bid Form 346); and (ii) the upfront payment standing high bid on a construction from a previous round is sometimes amount deposited. The bid submission permit, the FCC Automated Auction referred to as a ‘‘standing high bid.’’ A screens will allow bidders to submit System will calculate a minimum ‘‘standing high bid’’ will remain the bids on only those construction permits acceptable bid for that construction high bid until there is a higher bid on for which the bidder applied on its FCC permit for the following round. The the same construction permit at the Form 175. difference between the minimum close of a subsequent round. Bidders are 96. In order to access the bidding acceptable bid and the standing high bid reminded that standing high bids confer functions of the FCC Automated for each construction permit will define bidding activity. Auction System, bidders must be logged the bid increment—i.e., bid increment = 92. A Sybase SQL pseudo-random in during the bidding round using the (minimum acceptable bid)¥(standing number generator based on the Lecuyer bidder identification number provided high bid). The nine acceptable bid algorithm will be used to select a high in the registration materials, and the amounts for each construction permit bid in the event of identical high bids tokencode generated by the SecurID consist of the minimum acceptable bid on a construction permit in a given card. Bidders are strongly encouraged to (the standing high bid plus one bid round (i.e., tied bids). The tied bid print bid confirmations for each round increment) and additional amounts having the highest random number will after they have completed all of their calculated using multiple bid become the standing high bid. The activity for that round. increments (i.e., the second bid amount remaining bidders, as well as the high 97. In each round, eligible bidders equals the standing high bid plus two bidder, will be able to submit a higher will be able to place bids on a given times the bid increment, the third bid bid in a subsequent round. If no bidder construction permit in any of nine amount equals the standing high bid submits a higher bid in a subsequent different amounts. For each plus three times the bid increment, etc.). round, the high bid from the previous construction permit, the FCC 88. For Auction No. 54, the Bureaus round will win the construction permit. Automated Auction System interface will use a 10 percent bid increment. If any bids are received on the will list the nine acceptable bid This means that the minimum construction permit in a subsequent amounts in a drop-down box. Bidders acceptable bid for a construction permit round, the high bid will once again be may use the drop-down box to select will be approximately 10 percent greater determined on the highest gross bid from among the nine bid amounts. The than the previous standing high bid amount received for the construction FCC Automated Auction System also received on the construction permit. permit. includes an import function that allows The minimum acceptable bid amount v. Bidding bidders to upload text files containing will be calculated by multiplying the bid information. standing high bid times one plus the 93. During a bidding round, a bidder 98. Until a bid has been placed on a increment percentage—i.e., (standing may submit bids for any or all construction permit, the minimum high bid) * (1.10). construction permits selected on its FCC acceptable bid for that construction 89. Until a bid has been placed on a Form 175 (subject to its eligibility based permit will be equal to its minimum construction permit, the minimum on previously filed FCC Forms 301 or opening bid. Once there is a standing acceptable bid for that construction Form 346), remove bids placed in the high bid on a construction permit, the permit will be equal to its minimum same bidding round, or if eligible to bid FCC Automated Auction System will opening bid. The additional bid on more than one construction permit, calculate a minimum acceptable bid for amounts are calculated using the permanently reduce eligibility. Bidders that construction permit for the difference between the minimum also have the option of making multiple following round, as described in section opening bid times one plus the submissions in each round. If a bidder IV.B.iii. percentage increment, rounded as submits multiple bids for a single described, and the minimum opening construction permit in the same round, vi. Bid Removal and Bid Withdrawal bid. That is, the increment used to the system takes the last bid entered as 99. In the Auction No. 54 Comment calculate additional bid amounts = that bidder’s bid for the round. Bidders Public Notice, the Bureaus proposed (minimum opening bid)(1 + percentage should note that the bidding units that bidders not be permitted to increment){rounded}¥(minimum associated with construction permits for withdraw bids in any round. The

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Bureaus received no comments on this Kathryn Garland at (717) 338–2850. D. Refund of Remaining Upfront issue. Therefore, the Bureaus adopt their Questions about other changes should Payment Balance proposal and will not permit bidders to be directed to Kenneth Burnley of the 109. All applicants that submitted withdrawal bids in any round during Auctions and Industry Analysis upfront payments but were not winning the auction. Division at (202) 418–0660. bidders for a construction permit in 100. Procedures. Before the close of a Auction No. 54 may be entitled to a bidding round, a bidder has the option V. Post-Auction Procedures refund of their remaining upfront of removing any bids placed in that A. Down Payments payment balance after the conclusion of round. By using the ‘‘remove bid’’ the auction. All refunds will be returned function in the bidding system, a bidder 105. After bidding has ended, the to the payer of record, as identified on may effectively ‘‘unsubmit’’ any bid Commission will issue a public notice the FCC Form 159, unless the payer placed within that round. Removing a declaring the auction closed, identifying submits written authorization bid will affect a bidder’s activity for the the winning bidders and down instructing otherwise. round in which it is removed, i.e., a bid payments due. 110. Qualified bidders that have that is subsequently removed does not exhausted all of their activity rule count toward the bidder’s activity 106. Within ten business days after waivers, have no remaining bidding requirement. Once a round closes, a release of the auction closing public eligibility must submit a written refund bidder may no longer remove a bid. No notice, each winning bidder must request. If you have completed the comments were received on this issue, submit sufficient funds (in addition to refund instructions electronically, then therefore, the Bureaus adopts these its upfront payment) to bring its total only a written request for the refund is procedures for Auction No. 54. amount of money on deposit with the Commission for Auction No. 54 to 20 necessary. If not, the request must also vii. Round Results percent of its net winning bid (actual include wire transfer instructions, 101. Bids placed during a round will bids less any applicable bidding credit). Taxpayer Identification Number (‘‘TIN’’) not be made public until the conclusion and FCC Registration Number (FRN). of that bidding period. After a round B. Long-Form Application Send refund request to: Federal closes, the Bureaus will compile reports Communications Commission, 107. The auction closing public notice Financial Operations Center, Auctions of all bids placed, current high bids, will specify procedures for submitting new minimum acceptable bids, and Accounting Group, Gail Glasser or Tim any necessary minor amendments to the Dates, 445 12th Street, SW., Room 1– bidder eligibility status (bidding winning bidder’s previously filed long eligibility and activity rule waivers), C863, Washington, DC 20554. form application. In accordance with 111. Bidders are encouraged to file and post the reports for public access. Commission rules, the winning bidder Reports reflecting bidders’ identities for their refund information electronically may not submit amendments that Auction No. 54 will be available before using the refund information portion of constitute a major change from either and during the auction. Thus, bidders the FCC Form 175, but bidders can also the technical or legal proposal specified will know in advance of this auction the fax their information to the Auctions identities of the bidders against which in the previously filed long form Accounting Group at (202) 418–2843. they are bidding. application. Given the length of time Once the information has been that the long form applications have approved, a refund will be sent to the viii. Auction Announcements been pending, the winning bidder party identified in the refund 102. The FCC will use auction should take into account any relevant information. announcements to announce items such rule changes in amending their long Note: Refund processing generally takes up as schedule changes. All FCC auction form applications on file. to two weeks to complete. Bidders with announcements will be available by questions about refunds should contact Gail C. Default and Disqualification clicking a link on the FCC Automated Glasser at (202) 418–0578 or Tim Dates at Auction System. 108. Any high bidder that defaults or (202) 418–0496. ix. Maintaining the Accuracy of FCC is disqualified after the close of the Federal Communications Commission. Form 175 Information auction (i.e., fails to remit the required Margaret Wiener, down payment within the prescribed 103. After the short-form filing Chief, Auctions and Industry Analysis deadline, applicants may make only period of time, fails to submit a timely Division. minor changes to their FCC Form 175 long-form application, fails to make full [FR Doc. 03–14813 Filed 6–11–03; 8:45 am] payment, or is otherwise disqualified) applications. Applicants must make BILLING CODE 6712–01–P these modifications to their FCC Form will be subject to the payments 175 electronically and submit a letter, described in 47 CFR 1.2104(g)(2). In such event the Commission will offer briefly summarizing the changes, by FEDERAL ELECTION COMMISSION electronic mail to the attention of the construction permit to the next Margaret Wiener, Chief, Auctions and highest bidder (in descending order) at Sunshine Act Notices Industry Analysis Division at the their final bid. In addition, if a default following address: [email protected]. or disqualification involves gross AGENCY: Federal Election Commission. The electronic mail summarizing the misconduct, misrepresentation, or bad PREVIOUSLY ANNOUNCED DATE AND TIME: changes must include a subject or faith by an applicant, the Commission Thursday, June 12, 2003, meeting open caption referring to Auction No. 54. The may declare the applicant and its to the public: Bureaus requests that parties format any principals ineligible to bid in future The following item was withdrawn attachments to electronic mail as auctions, and may take any other action from the agenda: Draft Advisory Adobe Acrobat (pdf) or Microsoft that it deems necessary, including Opinion 2103–05: National Association Word documents. institution of proceedings to revoke any of Home Builders of the United States 104. A separate copy of the letter existing licenses or construction permits (NAHB) by counsel, E. Mark Braden and should be faxed to the attention of held by the applicant. William H. Schweitzer.

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DATE AND TIME: Thursday, June 19, 2003 SUMMARY: The HHS Exchange Visitor who have completed their primary care at 10 a.m. Program announces the availability of or psychiatric residency training PLACE: 999 E Street, NW., Washington, applications to request waiver of the programs. Primary care physicians are DC (Ninth Floor). two-year foreign residency requirement defined as: physicians practicing STATUS: This meeting will be open to the for physicians with J–1 visas who agree general internal medicine, pediatrics, public. to deliver health care services for three family practice or obstetrics/gynecology years in primary care or mental health ITEMS TO BE DISCUSSED: and who are willing to work in a Correction and Approval of Minutes. Professional Shortage Areas (HPSAs) or primary care HPSA or MUA/P; and Draft Advisory Opinion 2003–14: The medically underserved areas or general psychiatrists willing to work in Home Depot, Inc. by counsel, Brett G. populations (MUA/Ps). a Mental Health HPSA. Kappel. FOR FURTHER INFORMATION CONTACT: Note: The regulations restrict eligibility to Routine Administrative Matters. Michael Berry, Bureau of Health primary care physicians, and general FOR FURTHER INFORMATION CONTACT: Mr. Professions, 5600 Fishers Lane, Rm. 8– psychiatrists who have completed their Ron Harris, Press Officer Telephone: 67, Rockville, MD 20857. Telephone: primary care or psychiatric residency training programs no more than 12 months (202) 694–1220. 301–443–4154; Fax: 301–443–7904; [email protected]. before the date of commencement of Mary W. Dove, employment under the contract described ADDRESSES: Applications to request below. 45 CFR 50.5(b). For applications Secretary of the Commission. waivers to deliver health care services submitted prior to October 1, 2003, HHS will [FR Doc. 03–15043 Filed 6–10–03; 3:10 pm] are available at http:// ease this12-month eligibility condition to BILLING CODE 6715–01–M www.globalhealth.gov and the Office of enable physicians who completed their Global Health Affairs, 200 training programs in June 2002 to be eligible Independence Ave., SW., Room 639–H, to apply for a waiver. Without this GENERAL SERVICES Washington, DC 20201. Telephone: modification, physicians who completed ADMINISTRATION their training programs in June 2002 would 202–690–6174; Fax: 202–690–7127. be unable to begin employment by the SUPPLEMENTARY INFORMATION: On Office of Management Services; required date, July 2003, and thus would be December 19, 2002, the Department of Stocking of an Optional Form ineligible to seek waivers. Accordingly, for Health and Human Services (HHS) applications received prior to October 1, AGENCY: General Services published in the Federal Register (67 2003, the physician seeking a waiver must Administration. FR 77692) an interim-final rule have completed a primary care or general psychiatric residency no earlier than June 1, ACTION: Notice. amending the regulations at 45 CFR part 50 governing the HHS Exchange Visitor 2002. SUMMARY: Because of tighter security Program. Under this program, HHS acts 2. The petitioning health care facility throughout the Federal Government, as an Interested Government Agency must establish that it has recruited any type of identification card has now (IGA) to request waivers, on the actively and in good faith for U.S. been removed from the GSA forms Web Exchange Visitors’ behalf, of the two- physicians in the recent past, but has site. year foreign residency requirement. The been unable to recruit a qualified U.S. Since the form is authorized for local amendments expanded the program to physician. reproduction, agencies can only request permit institutions and health care 3. The head of a petitioning health a camera copy to use for printing from: facilities to submit to HHS requests for care facility must execute a statement to Forms Management, (202) 501–0581 or waiver of the two-year home-country confirm that the facility is located in a e-mail to [email protected]. physical presence requirement for specific, designated HPSA or MUA/P, DATES: Effective June 12, 2003. physician Exchange Visitors to deliver and that it provides medical care to FOR FURTHER INFORMATION CONTACT: Ms. primary health care services in Medicaid and Medicare eligible patients Barbara Williams, General Services underserved areas, in addition to and the uninsured indigent. Administration, (202) 501–0581. waivers to perform research. In determining whether to request a 4. The Exchange Visitor must execute Dated: June 4, 2003. waiver for an Exchange Visitor to a statement that he or she does not have Barbara M. Williams, deliver primary health care services, pending, and will not submit, other IGA Deputy Standard and Optional Forms HHS will consider information from and waiver requests while HHS processes Management Officer, General Services coordinate with State Departments of the waiver request. Administration. Public Health (or the equivalent), other 5. The employment contract must [FR Doc. 03–14838 Filed 6–11–03; 8:45 am] IGAs, HHS programs such as the require the Exchange Visitor to practice BILLING CODE 6820–34–M National Health Service Corps, and a specific primary care discipline or other relevant government agencies. general psychiatry for a minimum of HHS will process applications in the three years, 40 hours per week in a DEPARTMENT OF HEALTH AND order received. Please note that HHS specified HPSA or MUA/P. It may not HUMAN SERVICES will not accept applications submitted include a non-compete clause that by Exchange Visitors. Applications for limits the Exchange Visitor’s ability to Office of the Secretary waiver requests must be submitted by continue to practice in any HHS- private or non-federal institutions, designated primary care or mental Applications Available To Request organizations, or agencies or by a health HPSA or MUA/P after the period Waiver of the Two-Year Foreign component agency of HHS. of obligation. The contract must be Residence Requirement for Physicians In brief, the criteria for a waiver terminable only for cause and not with J–1 Visa Who Will Deliver Health recommendation by HHS acting as an terminable by mutual agreement until Care Service IGA are as follows: completion of the three-year 1. Eligibility to apply for HHS waiver commitment, except that the contract ACTION: Notice of Availability of requests is limited to primary care may be assigned to another eligible Applications. physicians, and general psychiatrists employer, subject to approval by HHS

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and consistent with all applicable INS is necessary for the proper performance the draft survey questions as written, and Department of Labor requirements. of the functions of the agency, including but also probes the participant in depth Dated: June 5, 2003. whether the information shall have about interpretations of questions, recall William R. Steiger, practical utility; (b) the accuracy of the processes used to answer them, and agency’s estimate of the burden of the Director, Office of Global Health Affairs. adequacy of response categories to proposed collection of information; (c) [FR Doc. 03–14882 Filed 6–11–03; 8:45 am] express answers, while noting points of ways to enhance the quality, utility, and confusion and errors in responding. BILLING CODE 4165–15–P clarity of the information to be Interviews are generally conducted in collected; and (d) ways to minimize the small rounds of about 12 interviews; burden of the collection of information DEPARTMENT OF HEALTH AND ideally, the questionnaire is re-worked on respondents, including through the HUMAN SERVICES between rounds and revisions are tested use of automated collection techniques iteratively until interviews yield or other forms of information Centers for Disease Control and relatively few new insights. When technology. Send comments to Dale Prevention possible, cognitive interviews are Verell, CDC Assistant Reports Clearance conducted in the survey’s intended [60Day–03–75] Officer, 1600 Clifton Road, MS–D24, Atlanta, GA 30333. Written comments mode of administration. For example, Proposed Data Collections Submitted should be received within 60 days of when testing telephone survey for Public Comment and questionnaires, participants often Recommendations this notice. Proposed Project: Questionnaire respond to the questions via a telephone In compliance with the requirement Design Research Laboratory (QDRL) in a laboratory room. This method of section 3506(c)(2)(A) of the 2004–2007, (OMB No. 0920–0222)— forces the participant to answer without Paperwork Reduction Act of 1995 for Revision—National Center for Health face-to-face interaction, but still allows opportunity for public comment on Statistics (NCHS), Centers for Disease QDRL staff to observe response proposed data collection projects, the Control and Prevention (CDC). The difficulties, and to conduct a face-to- Centers for Disease Control and QDRL conducts questionnaire pre- face debriefing. In general, cognitive Prevention (CDC) will publish periodic testing and evaluation activities for CDC interviewing provides useful data on summaries of proposed projects. To surveys (such as the NCHS National questionnaire performance at minimal request more information on the Health Interview Survey) and other cost and respondent burden (note that proposed projects or to obtain a copy of federally sponsored surveys. The most respondents receive remuneration for the data collection plans and common questionnaire evaluation their travel and effort). Similar instruments, call the CDC Reports method is the cognitive interview. In a methodology has been adopted by other Clearance Officer on (404) 498–1210. cognitive interview, a questionnaire federal agencies, as well as by academic Comments are invited on: (a) Whether design specialist interviews a volunteer and commercial survey organizations. the proposed collection of information participant. The interviewer administers There are no costs to respondents.

Average bur- Number of Number re- den per Total burden Respondents respondents sponses per response (in hrs.) respondent (in hrs.)

Test Volunteers ...... 500 1 72/60 600

Total ...... 600

Dated: June 6, 2003. proposed data collection projects, the or other forms of information Thomas A. Bartenfeld, Centers for Disease Control and technology. Send comments to Dale Acting Associate Director for Policy, Planning Prevention (CDC) will publish periodic Verell, CDC Assistant Reports Clearance and Evaluation, Centers for Disease Control summaries of proposed projects. To Officer, 1600 Clifton Road, MS–D24, and Prevention. request more information on the Atlanta, GA 30333. Written comments [FR Doc. 03–14845 Filed 6–11–03; 8:45 am] proposed projects or to obtain a copy of should be received within 60 days of BILLING CODE 4163–18–P the data collection plans and this notice. instruments, call the CDC Reports Proposed Project: Implementation of a Clearance Officer on (404) 498–1210. Computer-Assisted Telephone Interview DEPARTMENT OF HEALTH AND (CATI) System for the Pregnancy Risk HUMAN SERVICES Comments are invited on: (a) Whether the proposed collection of information Assessment Monitoring System Centers for Disease Control and is necessary for the proper performance (PRAMS),—New— National Center for Prevention of the functions of the agency, including Chronic Disease Prevention and Health whether the information shall have Promotion (NCCDPHP), Centers for [60Day–03–68] practical utility; (b) the accuracy of the Disease Control and Prevention (CDC). Proposed Data Collections Submitted agency’s estimate of the burden of the The Pregnancy Risk Assessment for Public Comment and proposed collection of information; (c) System (PRAMS) is part of the CDC Recommendations ways to enhance the quality, utility, and initiative to reduce infant mortality and clarity of the information to be low birthweight and promote safe In compliance with the requirement collected; and (d) ways to minimize the motherhood. PRAMS is a state-specific, of section 3506(c)(2)(A) of the burden of the collection of information population-based risk factor Paperwork Reduction Act of 1995 for on respondents, including through the surveillance system of women who have opportunity for public comment on use of automated collection techniques recently delivered a live-born infant.

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PRAMS is designed to identify and conducted by telephone. CDC had The new CATI system will also monitor selected maternal experiences provided funds for programs interested simplify the data collection process in and behaviors that occur before and in using CATI technology to develop the programs. As each woman is during pregnancy and during the child’s CATI systems for the telephone interviewed by telephone, the early infancy. PRAMS is funded through interviews. Some programs have interviewer will directly record her cooperative agreements between CDC’s developed their own CATI systems, responses into the CATI system. For Division of Reproductive Health (DRH) while many continue to record programs still recording telephone and participating state and local health telephone interviews on paper. The dual interviews on paper, the CATI system departments. In 2003, 31 states and the modes used and the variations in CATI will eliminate the extra step of keying city of New York (NYC) are funded by systems developed by the PRAMS the survey responses after the interview CDC to conduct PRAMS. programs have created data management is completed. In addition, the CATI CDC is proposing to contract out for problems for PRAMS administrators at system will record operational the development of a standard CDC. CDC cleans and weights the information about successful call Computer-Assisted Telephone program data and provides each attempts which will assist programs in Interviewing (CATI) system that PRAMS program with an analysis dataset. The contacting women more efficiently. For programs can use for collecting variations in data files have resulted in CDC, receiving telephone interview data telephone interview data. Sampled backlogs in providing analysis datasets in a standardized format will simplify women are contacted by mail with to PRAMS programs. The proposed the data cleaning process and allow for telephone follow-up for CATI system will collect telephone provision of analysis datasets to nonrespondents. Approximately 15 interview data in a similar manner and programs in a more timely manner. percent of all interviews in each consistent file layout across all PRAMS There is no cost to respondents for program’s area (state or NYC) are programs. completing the survey.

Average bur- Number of Number of re- den per Total burden Respondents respondents sponses per response (in hrs.) respondent (in hrs.)

PRAMS Programs...... 32 312.5 20/60 3,333

Total ...... 3,333

Dated: June 6, 2003. Centers for Disease Control and Officer, 1600 Clifton Road, MS–D24, Thomas A. Bartenfeld, Prevention (CDC) will publish periodic Atlanta, GA 30333. Written comments Acting Associate Director for Policy, Planning summaries of proposed projects. To should be received within 60 days of and Evaluation, Centers for Disease Control request more information on the this notice. and Prevention. proposed projects or to obtain a copy of Proposed Project: Healthy People [FR Doc. 03–14847 Filed 6–11–03; 8:45 am] the data collection plans and 2010—National Survey of Public Health BILLING CODE 4163–18–P instruments, call the CDC Reports Agencies—New—Public Health Practice Clearance Officer on (404) 498–1210. Program Office (PHPPO), Centers for Comments are invited on: (a) Whether Disease Control and Prevention (CDC). DEPARTMENT OF HEALTH AND the proposed collection of information The proposed survey is designed to HUMAN SERVICES is necessary for the proper performance collect data to address objectives in of the functions of the agency, including Chapter 23; Healthy People 2010 focus Centers for Disease Control and whether the information shall have area 23, Public Health Infrastructure. Prevention practical utility; (b) the accuracy of the The Centers for Disease Control and agency’s estimate of the burden of the Prevention and the Health Resources [60Day–03–74] proposed collection of information; (c) and Services Administration are co-lead Proposed Data Collections Submitted ways to enhance the quality, utility, and agencies for focus area 23. The overall for Public Comment and clarity of the information to be goal of objectives in focus area 23 is to Recommendations collected; and (d) ways to minimize the ensure that federal tribal, State and local burden of the collection of information health agencies have the infrastructure In compliance with the requirement on respondents, including through the to provide essential public health of section 3506(c)(2)(A) of the use of automated collection techniques services effectively. This one-time Paperwork Reduction Act of 1995 for or other forms of information survey is expected to take place over opportunity for public comment on technology. Send comments to Dale two to three months. There is no cost to proposed data collection projects, the Verell, CDC Assistant Reports Clearance respondents.

Average bur- Number of Number of re- den per Total burden Respondents respondents sponses per response (in hrs.) respondent (in hrs.)

Local health Agencies ...... 1300 1 20/60 434 Tribal Agencies ...... 250 1 20/60 84

Total ...... 535

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Dated: June 4, 2003. Respondents: 108; Total Annual automated collection techniques or Thomas A. Bartenfeld, Responses: 108; Total Annual Hours: other forms of information technology to Acting Associate Director for Policy, Planning 4,860. minimize the information collection and Evaluation, Centers for Disease Control To obtain copies of the supporting burden. and Prevention. statement and any related forms for the Type of Information Collection [FR Doc. 03–14848 Filed 6–11–03; 8:45 am] proposed paperwork collections Request: Extension of a currently BILLING CODE 4163–18–P referenced above, access CMS Web site approved collection; Title of address at http://cms.hhs.gov/ Information Collection: Fire Safety regulations/pra/default.asp, or E-mail Survey Report Forms and Supporting DEPARTMENT OF HEALTH AND your request, including your address, Regulations in 42 CFR 416.44, 418.100, HUMAN SERVICES phone number, OMB number, and CMS 482.41, 483.70, 483.470; Form No.: document identifier, to CMS–2786 M, R, and T–Y (OMB# 0938– Centers for Medicare and Medicaid [email protected], or call the 0242); Use: CMS surveys facilities to Services Reports Clearance Office on (410) 786– determine compliance with the Life [CMS–216] 1326. Written comments and Safety Code of 2000. The providers must recommendations for the proposed make documentation proving Agency Information Collection information collections must be mailed compliance available to the surveyors; Activities: Submission for OMB within 30 days of this notice directly to Frequency: Annually; Affected Public: Review; Comment Request the OMB desk officer: OMB Human Business or other for-profit, Not-for- Resources and Housing Branch, profit institutions; Number of AGENCY: Centers for Medicare and Attention: Brenda Aguilar, New Respondents: 25,496; Total Annual Medicaid Services, HHS. Executive Office Building, Room 10235, Responses: 25,496; Total Annual Hours: In compliance with the requirement Washington, DC 20503, Fax Number: 2125. To obtain copies of the supporting of section 3506(c)(2)(A) of the (202) 395–6974. statement and any related forms for the Paperwork Reduction Act of 1995, the proposed paperwork collections Centers for Medicare and Medicaid Dated: June 5, 2003. Dawn Willinghan, referenced above, access CMS’s Web site Services (CMS) (formerly known as the address at http://cms.hhs.gov/ Health Care Financing Administration CMS Reports Clearance Officer, Division of Regulations Development and Issuances, regulations/pra/default.asp, or E-mail (HCFA), Department of Health and your request, including your address, Human Services, is publishing the Office of Strategic Operations and Regulatory Affairs. phone number, OMB number, and CMS following summary of proposed document identifier, to collections for public comment. [FR Doc. 03–14816 Filed 6–11–03; 8:45 am] BILLING CODE 4120–03–P [email protected], or call the Interested persons are invited to send Reports Clearance Office on (410) 786– comments regarding this burden 1326. Written comments and estimate or any other aspect of this DEPARTMENT OF HEALTH AND recommendations for the proposed collection of information, including any HUMAN SERVICES information collections must be mailed of the following subjects: (1) The within 60 days of this notice directly to necessity and utility of the proposed Centers for Medicare and Medicaid the CMS Paperwork Clearance Officer information collection for the proper Services designated at the following address: performance of the agency’s functions; [CMS–2786] CMS, Office of Strategic Operations and (2) the accuracy of the estimated Regulatory Affairs, Division of burden; (3) ways to enhance the quality, Agency Information Collection Regulations Development and utility, and clarity of the information to Activities: Proposed Collection; Issuances, Attention: Dawn Willinghan, be collected; and (4) the use of Comment Request Room: C5–14–03, 7500 Security automated collection techniques or Boulevard, Baltimore, Maryland 21244– other forms of information technology to AGENCY: Centers for Medicare and 1850. minimize the information collection Medicaid Services, HHS. burden. In compliance with the requirement Dated: June 5, 2003. Type of Information Collection of section 3506(c)(2)(A) of the Dawn Willinghan, Request: Extension of a currently Paperwork Reduction Act of 1995, the CMS Reports Clearance Officer, Division of approved collection; Title of Centers for Medicare and Medicaid Regulations Development and Issuances, Information Collection: Organ Services (CMS) (formerly known as the Office of Strategic Operations and Strategic Procurement Organization/ Health Care Financing Administration Affairs. Histocompatibility Laboratory (CMS)), Department of Health and [FR Doc. 03–14817 Filed 6–11–03; 8:45 am] Statement of Reimbursable Costs, Human Services, is publishing the BILLING CODE 4120–03–P Manual Instructions and Supporting following summary of proposed Regulations in 42 CFR 413.20 and collections for public comment. DEPARTMENT OF HEALTH AND 413.24; Form No.: CMS–216 (OMB# Interested persons are invited to send HUMAN SERVICES 0938–0102); Use: This form is required comments regarding this burden by statute and regulation for estimate or any other aspect of this Administration for Children and participation in the Medicare program. collection of information, including any Families The information is used to determine of the following subjects: (1) The payment for Medicare. Organ necessity and utility of the proposed Proposed Information Collection Procurement Organizations and information collection for the proper Activity; Comment Request Histocompatibility Laboratories are the performance of the agency’s functions; users.; Frequency: Annually; Affected (2) the accuracy of the estimated Proposed Projects Public: Business or other for-profit, Not- burden; (3) ways to enhance the quality, Title: Procedures to Use Child Care for-profit institutions, and State, Local utility, and clarity of the information to and Development Fund (CCDF) for or Tribal Government; Number of be collected; and (4) the use of Construction or Major Renovation.

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OMB No.: 0970–0160. Families (ACF) before using CCDF funds proposed draft procedures update the Description: The Child Care and for construction or major renovation. procedures that were originally issued Development Block Grant Act, as This information collection contains the in August 1997 and first updated in amended, allows Indian Tribes to use statutorily-mandated uniform February 2001. Respondents will be Child Care and Development Fund procedures for the solicitation and CCDF tribal grantees requesting to use (CCDF) grant awards for construction or consideration of requests, including CCDF funds for construction or major major renovation of child care facilities. instructions for preparation of renovation. A tribal grantee must first request and environmental assessments in Respondents: Tribal Child Care Lead receive approval from the conjunction with the National Agencies acting on behalf of Tribal Administration for Children and Environmental Policy Act. The Governments.

ANNUAL BURDEN ESTIMATES

Number of Number of responses Average bur- Total burden Instrument respondents per den hours hours respondent per response

Construction and Renovation ...... 10 1 20 200 Estimated Total Annual Burden Hours: 200

In compliance with the requirements ways to minimize the burden of the required by 42 U.S.C. 611 and 45 CFR of section 3506(c)(2)(A) of the collection of information on Part 265 to collect on a monthly basis Paperwork Reduction Act of 1995, the respondents, including through the use and report to HHS on a quarterly basis Administration for Children and of automated collection techniques or a wide variety of disaggregated case Families is soliciting public comment other forms of information technology. record information for their programs on the specific aspects of the Consideration will be given to funded under Temporary Assistance for information collection described above. comments and suggestions submitted Needy Families (TANF). If a respondent Copies of the proposed collection of within 60 days of this publication. wants to qualify for a high performance information can be obtained and Dated: June 5, 2003. bonus or receive a caseload reduction comments may be forwarded by writing Robert Sargis, credit, the respondent must submit to the Administration for Children and similar data for its separate state Families, Office of Administration, Reports Clearance Officer. [FR Doc. 03–14742 Filed 6–11–03; 8:45 am] programs. A respondent may comply Office of Information Services, 370 with these requirements by collecting BILLING CODE 4184–01–M L’Enfant Promenade, SW., Washington, and submitting case record information DC 20447, Attn: ACF Reports Clearance for its entire caseload or for a portion of Officer. E-mail address: the caseload that is obtained through the [email protected]. All requests should DEPARTMENT OF HEALTH AND use of scientifically acceptable sampling be identified by the title of the HUMAN SERVICES methods. HHS collects the information information collection. Administration for Children and The Department specifically requests electronically through the use of the comments on: (a) Whether the proposed Families TANF Data Report (ACF–199) and the collection of information is necessary SSP–MOE Data Report (ACF–209) and Submission for OMB Review; their associated TANF Sampling and for the proper performance of the Comment Request functions of the agency, including Statistical Methods Manual. HHS is whether the information shall have Title: (1) TANF Data Report, ACF– proposing to extend this information practical utility; (b) the accuracy of the 199; (2) SSP–MOE Data Report, ACF– collection for another three years. agency’s estimate of the burden of the 209. Respondents: The 50 States of the proposed collection of information; (c) OMB No.: 0970–0199. United States, the District of Columbia, the quality, utility, and clarity of the Description: States, the District of Guam, Puerto Rico, and the United information to be collected; and (d) Columbia and certain U.S. territories are States Virgin Islands.

ANNUAL BURDEN ESTIMATES

Number of Number of responses Average bur- Total burden Instrument respondents per den hours hours respondent per response

TANF Data Report (ACF–199) ...... 54 4 2,153.56 465,169 SSP–MOE Data Report (ACF–209) ...... 29 4 674.25 78,213 Estimated Total Annual Burden Hours: 543,382

Additional Information: Copies of the Services, 370 L’Enfant Promenade, SW., OMB Comment: OMB is required to proposed collection may be obtained by Washington, DC 20447, Attn: ACF make a decision concerning the writing to the Administration for Reports Clearance Officer. E-mail collection of information between 30 Children and Families, Office of address:[email protected]. and 60 days after publication of this Administration, Office of Information document in the Federal Register.

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Therefore, a comment is best assured of comments should be identified with the subchapter J. Specifically, subchapter A having its full effect if OMB receives it docket number found in brackets in the regulations, 21 CFR 5.10(a)(3), 5.25(b), within 30 days of publication. Written heading of this document. 5.35(a)(4), and 5.600 through 5.606, comments and recommendations for the FOR FURTHER INFORMATION CONTACT: delegate administrative authorities to proposed information collection should Peggy Robbins, Office of Information FDA. be sent directly to the following: Office Resources Management (HFA–250), Section 532 of the act directs the of Management and Budget, Paperwork Food and Drug Administration, 5600 Secretary of the Department of Health Reduction Project, 725 17th Street, NW., Fishers Lane, Rockville, MD 20857, and Human Services (the Secretary) to Washington, DC 20503, Attn: Desk 301–827–1223. establish and carry out an electronic product radiation control program, Officer for ACF, E-mail address: SUPPLEMENTARY INFORMATION: Under the _ including the development, issuance, lauren [email protected]. PRA (44 U.S.C. 3501–3520), Federal and administration of performance Dated: June 5, 2003. agencies must obtain approval from the standards to control the emission of Office of Management and Budget Robert Sargis, electronic product radiation from Reports Clearance Officer. (OMB) for each collection of electronic products. The program is [FR Doc. 03–14743 Filed 6–11–03; 8:45 am] information they conduct or sponsor. designed to protect the public health ‘‘Collection of information’’ is defined BILLING CODE 4184–01–M and safety from electronic radiation, and in 44 U.S.C. 3502(3) and 5 CFR the act authorizes the Secretary to 1320.3(c) and includes agency requests procure (by negotiation or otherwise) DEPARTMENT OF HEALTH AND or requirements that members of the electronic products for research and HUMAN SERVICES public submit reports, keep records, or testing purposes and to sell or otherwise provide information to a third party. dispose of such products. Food and Drug Administration Section 3506(c)(2)(A) of the PRA (44 Section 534(g) of the act directs the [Docket No. 2003N–0213] U.S.C. 3506(c)(2)(A)) requires Federal Secretary to review and evaluate agencies to provide a 60-day notice in industry testing programs on a Agency Information Collection the Federal Register concerning each continuing basis; and section 535(e) and Activities; Proposed Collection; proposed collection of information, (f) of the act directs the Secretary to Comment Request; Reporting and including each proposed extension of an immediately notify manufacturers of, Recordkeeping Requirements and existing collection of information, and ensure correction of, radiation Availability of Sample Electronic before submitting the collection to OMB defects or noncompliances with Products for Manufacturers and for approval. To comply with this performance standards. Distributors of Electronic Products requirement, FDA is publishing notice Section 537(b) of the act contains the of the proposed collection of authority to establish and maintain AGENCY: Food and Drug Administration, information set forth in this document. records (including testing records), HHS. With respect to the following make reports, and provide information ACTION: Notice. collection of information, FDA invites to determine whether the manufacturer comments on: (1) Whether the proposed has acted in compliance. SUMMARY: The Food and Drug collection of information is necessary Parts 1002 through 1010 (21 CFR parts Administration (FDA) is announcing an for the proper performance of FDA’s 1002 through 1010) specify reports to be opportunity for public comment on the functions, including whether the provided by manufacturers and proposed collection of certain information will have practical utility; distributors to FDA and records to be information by the agency. Under the (2) the accuracy of FDA’s estimate of the maintained in the event of an Paperwork Reduction Act of 1995 (the burden of the proposed collection of investigation of a safety concern or a PRA), Federal agencies are required to information, including the validity of product recall. publish notice in the Federal Register the methodology and assumptions used; FDA conducts laboratory compliance concerning each proposed collection of (3) ways to enhance the quality, utility, testing of products covered by information, including each proposed and clarity of the information to be regulations for product standards in extension of an existing information collected; and (4) ways to minimize the parts 1020, 1030, 1040, and 1050 (21 collection, and to allow 60 days for burden of the collection of information CFR parts 1020, 1030, 1040, and 1050). public comment in response to the on respondents, including through the FDA details product-specific notice. This notice solicits comments on use of automated collection techniques, performance standards that specify information collection requirements for when appropriate, and other forms of information to be supplied with the reporting and recordkeeping, general information technology. product or require specific reports. The and specific requirements, and the information collections are either availability of sample electronic Reporting and Recordkeeping specifically called for in the act or were products for manufacturers and Requirements and Availability of developed to aid the agency in distributors of electronic products. Sample Electronic Products for performing its obligations under the act. DATES: Submit written or electronic Manufacturers and Distributors of The data reported to FDA and the comments on the collection of Electronic Products (OMB Control No. records maintained are used by FDA information by August 11, 2003. 0910–0025)—Extension and the industry to make decisions and ADDRESSES: Submit electronic Under sections 532 through 542 of the take actions that protect the public from comments on the collection of Federal Food, Drug, and Cosmetic Act radiation hazards presented by information to http://www.fda.gov/ (the act) (21 U.S.C. 360ii through 360ss), electronic products. This information dockets/ecomments. Submit written FDA has the responsibility to protect the refers to the identification of, location comments on the collection of public from unnecessary exposure from of, operational characteristics of, quality information to the Division of Dockets radiation from electronic products. The assurance programs for, and problem Management (HFA–305), Food and Drug regulations issued under these identification and correction of Administration, 5630 Fishers Lane, rm. authorities are listed in the Code of electronic products. The data provided 1061, Rockville, MD 20852. All Federal Regulations, title 21, chapter I, to users and others are intended to

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encourage actions to reduce or eliminate Product,’’ (2) Form FDA 2877, The most likely respondents to this radiation exposures. ‘‘Declaration for Imported Electronic information collection will be electronic FDA uses the following forms to aid Products Subject to Radiation Control product and x-ray manufacturers, respondents in the submission of Standards,’’ and (3) Form FDA 3147, importers, and assemblers. information for this information ‘‘Application for a Variance From 21 FDA estimates the burden of this collection: (1) Form FDA 2767, ‘‘Notice CFR 1040.11(c) for a Laser Light Show, collection of information as follows: of Availability of Sample Electronic Display, or Device.’’

TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1

Form No. of Annual Frequency per Total Annual Hours per 21 CFR Section Number Respondents Response Responses Response Total Hours

1002.3 10 1 10 12 120

1002.10 and 540 1.6 850 24 20,400 1010.3

1002.11 1,000 1.5 1,500 0.5 750

1002.12 150 1 150 5 750

1002.13 Annual 900 1 900 26 23,400

1002.13 Qtrly 250 2.4 600 0.5 300

1002.20 40 1 40 2 80

1002.50(a) and 10 1.5 15 1 15 1002.51

FDA 2877 600 32 19,200 0.2 3,840

1010.2 1 1 1 5 5

1010.4 (b) 1 1 1 120 120

1010.5 and 3132266 1010.13

FDA 2767 145 11.03 1,600 0.09 144

1020.20 (c)(4) 1 1 1 1 1

1020.30(d), FDA 2579 2,345 8.96 21,000 0.30 6,300 (d)(1), and (d)(2)

1020.30 (g) 200 1.33 265 35 9,275

1020.30(h)(1) 200 1.33 265 35 9,275 through (h)(4), 1020.32(a)(1) and (g)

1020.32(g) and 9 1 9 40 360 1020.33(c), (d), (g)(4), (j)(1), and (j)(2)

1020.40(c)(9)(i) 8 1 8 40 320 and (c)(9)(ii)

1030.10(c)(4) 41 1.61 66 20 1,320

1030.10(c)(5)(i) 41 1.61 66 20 1,320 through (c)(5)(iv)

1030.10(c)(6)(iii) 11111 and (c)(6)(iv)

1040.10(a)(3)(i) 83 1 83 3 249

1040.10(h)(1)(i) 805 1 805 8 6,440 through (h)(1)(vi)

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TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1—Continued

Form No. of Annual Frequency per Total Annual Hours per 21 CFR Section Number Respondents Response Responses Response Total Hours

1040.10(h)(2)(i) 100 1 100 8 800 and (h)(2)(ii)

1040.11(a)(2) 190 1 190 10 1,900

1040.11(c) FDA 3147 53 2.2 115 0.5 58

1040.20(d), 110 1 110 10 1,100 (e)(1), and (e)(2)

1040.30(c)(1) 1 1 1 1 1

1040.30(c)(2) 7 1 7 1 7

1050.10(f)(1) 10 1 10 56 560 through (f)(2)(iii)

Total Annual Re- 89,278 porting Burden 1There are no capital costs or operating and maintenance costs associated with this collection of information.

TABLE 2.—ESTIMATED ANNUAL RECORDKEEPING BURDEN1

No. of Annual Frequency per Total Annual Hours per 21 CFR Section Recordkeepers Recordkeeping Records Recordkeeper Total Hours

1002.30 and 1,150 1,655.5 1,903,825 198.7 228,505 1002.31(a)

1002.40 and 2,950 49.2 145,140 2.4 7,080 1002.41

1020.30(g)(2) 22 1 22 0.5 11

1040.10(a)(3)(ii) 83 1 83 1.0 83

Totals 235,679 1There are no capital costs or operating and maintenance costs associated with this collection of information.

The burden estimates were derived by through (d); 1003.22(a) and (b); DEPARTMENT OF HEALTH AND consultation with FDA and industry 1003.30(a) and (b); 1003.31(a) and (b); HUMAN SERVICES personnel and actual data collected 1004.2(a) through (i); 1004.3(a) through from industry over the past 3 years. An (i); 1004.4(a) through (h); and 1005.21(a) Food and Drug Administration evaluation of the type and scope of through (c). These requirements ‘‘apply information requested was also used to to the collection of information during [Docket No. 98D–0727] derive some time estimates. For the conduct of general investigations or Interpretation of On-Farm Feed example, disclosure information audits’’ (5 CFR 1320.4(b)). The following primarily requires time only to update Manufacturing and Mixing Operations; labeling requirements are also not Withdrawal of Draft Guidance and maintain existing manuals. Initial subject to review under the PRA development of manuals has been because they are a public disclosure of AGENCY: Food and Drug Administration, performed except for new firms entering information originally supplied by the HHS. the industry. When information is Federal Government to the recipient for ACTION: Notice; withdrawal of draft generally provided to users, assemblers, the purpose of disclosure to the public guidance. or dealers in the same manual, they (5 CFR 1320.3(c)(2)): Sections have been grouped together in the SUMMARY: 1020.10(c)(4), 1030.10(c)(6), 1040.10(g), The Food and Drug ‘‘Estimated Annual Reporting Burden’’ Administration (FDA) is announcing the 1040.30(c)(1), and 1050.10(d)(1). table. withdrawal of a draft guidance for The following information collection Dated: June 5, 2003. industry (#77) entitled ‘‘Interpretation of requirements are not subject to review Jeffrey Shuren, On-farm Feed Manufacturing and by OMB because they do not constitute Assistant Commissioner for Policy. Mixing Operations,’’ that was issued on a ‘‘collection of information’’ under the [FR Doc. 03–14821 Filed 6–11–03; 8:45 am] September 23, 1998. FDA has decided to PRA: Sections 1002.31(c); 1003.10(a), withdraw the draft guidance. FDA has BILLING CODE 4160–01–S (b), and (c); 1003.11(a)(3) and (b); decided that the draft guidance did not 1003.20(a) through (h); 1003.21(a) address adequately the industry

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practices of on-farm mixers. Instead, the DEPARTMENT OF HEALTH AND for electronic access to the draft agency directs you to FDA guidance for HUMAN SERVICES guidance document. industry (#69) entitled ‘‘Small Entities Submit written comments on the draft Compliance Guide for Feeders of Food and Drug Administration guidance to the Dockets Management Ruminant Animals With On-farm Feed [Docket No. 03D–0051] Branch (HFA–305), Food and Drug Mixing Operations,’’ which addresses Administration, 5630 Fishers Lane, rm. on-farm mixing practices more International Cooperation on 1061, Rockville, MD 20852. Submit completely. Harmonization of Technical electronic comments to http:// www.fda.gov/dockets/ecomments. FOR FURTHER INFORMATION CONTACT: Neal Requirements for Registration of Bataller, Center for Veterinary Medicine Veterinary Medicinal Products (VICH); Comments should be identified with the (HFV–214), Food and Drug Draft Guidance for Industry on ‘‘Pre- full title of the draft guidance and the Administration, 7500 Standish Pl., Approval Information for Registration docket number found in brackets in the Rockville, MD 20855, 301–827–0163, e- of New Veterinary Medicinal Products heading of this document. mail: [email protected]. for Food-Producing Animals With FOR FURTHER INFORMATION CONTACT: Respect to Antimicrobial Resistance’’ William T. Flynn, Center for Veterinary SUPPLEMENTARY INFORMATION: (VICH GL27); Request for Comments; Medicine (HFV–2), Food and Drug I. Background Availability Administration, 7519 Standish Pl., Rockville, MD 20855, 301–827–4514, e- In a notice published in the Federal AGENCY: Food and Drug Administration, mail: [email protected]. Register of September 23, 1998 (63 FR HHS. SUPPLEMENTARY INFORMATION: 50918), FDA announced the availability ACTION: Notice. of a draft guidance for industry (#77) I. Background entitled ‘‘Interpretation of On-farm Feed SUMMARY: The Food and Drug Manufacturing and Mixing Operations.’’ Administration (FDA) is announcing the In the Federal Register of September The draft guidance discusses the availability of a draft guidance for 13, 2002 (67 FR 58058), FDA announced applicability of certain paragraphs of 21 industry (#144) entitled ‘‘Pre-Approval the availability of a related draft CFR 589.2000 Animal proteins Information for Registration of New guidance for industry (#152) entitled prohibited in ruminant feed. Written Veterinary Medicinal Products for Food- ‘‘Evaluating the Safety of Antimicrobial comments were to be received by Producing Animals with Respect to New Animal Drugs With Regard to November 23, 1998. Antimicrobial Resistance’’ (VICH GL27). Their Microbiological Effects on FDA received one letter containing This draft guidance has been developed Bacteria of Human Health Concern.’’ several comments from an industry for veterinary use by the International Draft guidance #152 represents FDA’s association on the draft guidance. The Cooperation on Harmonization of current thinking on an approach for comments from the association Technical Requirements for Registration using data, such as that outlined in the expressed that they were ‘‘extremely of Veterinary Medicinal Products VICH draft guidance, for completing an concerned’’ that the draft guidance (VICH). This draft VICH guidance assessment on the safety of would be ‘‘extremely difficult to document is an initial step in antimicrobial drugs that focuses on monitor and administer’’ in the section developing harmonized technical antimicrobial resistance concerns. The concerning commingling or cross- guidance in the European Union, Japan, publication of the draft VICH guidance contamination of prohibited with and the United States for approval of (#144) in the United States was delayed nonprohibited mammalian protein. The therapeutic antimicrobial veterinary until FDA developed an understanding comment further indicated that the draft medicinal products intended for use in of how the outlined data could be guidance did not capture the food-producing animals with regard to incorporated into an assessment process regulation’s requirements regarding characterization of antimicrobial such as that described in the FDA draft equipment clean-out procedures. resistance selection in bacteria of guidance #152. After further consideration, FDA has human health concern. The draft In recent years, many important decided to withdraw the draft guidance. guidance outlines the types of studies initiatives have been undertaken by FDA has decided that the draft guidance and data which are recommended for regulatory authorities and industry did not address adequately the industry assessing the potential for resistance to associations to promote the practices of on-farm mixers. Instead, the develop in association with the use of international harmonization of agency directs you to FDA guidance for antimicrobial drugs in food-producing regulatory requirements. FDA has industry (#69) entitled ‘‘Small Entities animals. participated in efforts to enhance Compliance Guide for Feeders of harmonization and has expressed its DATES: Submit written or electronic commitment to seek scientifically based Ruminant Animals With On-farm Feed comments on the draft guidance by July Mixing Operations,’’ which addresses harmonized technical procedures for the 14, 2003, to ensure their adequate development of pharmaceutical on-farm mixing practices more consideration in preparation of the final completely. products. One of the goals of document. General comments on agency harmonization is to identify and then II. Electronic Access guidance documents are welcome at any reduce differences in technical time. Persons with access to the Internet requirements for drug development may obtain FDA guidance for industry ADDRESSES: Submit written requests for among regulatory agencies in different #69 at http://www.fda.gov/cvm/ single copies of the draft guidance to the countries. guidance/guidance.html. Communications Staff (HFV–12), Center FDA has actively participated in the for Veterinary Medicine (CVM), Food International Conference on Dated: June 4, 2003. and Drug Administration, 7519 Standish Harmonization of Technical Jeffrey Shuren, Pl., Rockville, MD 20855. Send one self- Requirements for Approval of Assistant Commissioner for Policy. addressed adhesive label to assist that Pharmaceuticals for Human Use for [FR Doc. 03–14820 Filed 6–11–03; 8:45 am] office in processing your requests. See several years to develop harmonized BILLING CODE 4160–01–S the SUPPLEMENTARY INFORMATION section technical requirements for the approval

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of human pharmaceutical and biological veterinary medicinal products intended that individuals may submit one copy. products among the European Union, for use in food-producing animals with Comments are to be identified with the Japan, and the United States. The VICH regard to characterization of docket number found in brackets in the is a parallel initiative for veterinary antimicrobial resistance selection in heading of this document. A copy of the medicinal products. The VICH is bacteria of human health concern. draft guidance and received comments concerned with developing harmonized This draft guidance outlines the types are available for public examination in technical requirements for the approval of studies and data that may be used to the Dockets Management Branch of veterinary medicinal products in the characterize the potential for resistance between 9 a.m. and 4 p.m., Monday European Union, Japan, and the United to develop in the target animal when an through Friday. States, and includes input from both antimicrobial drug product is used regulatory and industry representatives. under the proposed conditions. This V. Electronic Access The VICH Steering Committee is includes information which describes Electronic comments may also be composed of member representatives the drug substance, drug product, nature submitted electronically on the Internet from the European Commission, of the resistance, and potential exposure at http://www.fda.gov/dockets/ European Medicines Evaluation Agency, of gut flora in the target animal species. ecomments. Once on this Internet site, European Federation of Animal Health, FDA and the VICH Expert Working select Docket No. 03D–0051 ‘‘Pre- Committee on Veterinary Medicinal Group on Antimicrobial Resistance will Approval Information for Registration of Products, the U.S. FDA, the U.S. consider comments about the draft New Veterinary Medicinal Products for Department of Agriculture, the Animal guidance document. Information Food-Producing Animals with Respect Health Institute, the Japanese Veterinary collection is covered under the Office of to Antimicrobial Resistance’’ and follow Pharmaceutical Association, the Management and Budget control the directions. Japanese Association of Veterinary number 0910–0032. Copies of the draft guidance Biologics, and the Japanese Ministry of III. Significance of Guidance document entitled ‘‘Pre-Approval Agriculture, Forestry and Fisheries. Information for Registration of New Four observers are eligible to This draft document, developed Veterinary Medicinal Products for Food- participate in the VICH Steering under the VICH process, has been Producing Animals with Respect to Committee: One representative from the revised to conform to FDA’s good Antimicrobial Resistance’’ (VICH GL27) government of Australia/New Zealand, guidance practices regulation (21 CFR may be obtained on the Internet from one representative from the industry in 10.115). For example, the document has the CVM home page at http:// Australia/ New Zealand, one been designated ‘‘guidance’’ rather than www.fda.gov/cvm. representative from the government of ‘‘guideline.’’ Because guidance Canada, and one representative from the documents are not binding, mandatory Dated: June 4, 2003. industry of Canada. The VICH words such as ‘‘must,’’ ‘‘shall,’’ and Jeffrey Shuren, Secretariat, which coordinates the ‘‘will’’ in the original VICH document Assistant Commissioner for Policy. preparation of documentation, is have been substituted with ‘‘should.’’ [FR Doc. 03–14822 Filed 6–11–03; 8:45 am] provided by the Confe´de´ration Similarly, words such as ‘‘require’’ or BILLING CODE 4160–01–S Mondiale de L’Industrie de la Sante´ ‘‘requirement’’ have been replaced by Animale (COMISA). A COMISA ‘‘recommend’’ or ‘‘recommendation’’ as representative also participates in the appropriate to the context. DEPARTMENT OF HEALTH AND VICH Steering Committee meetings. The draft VICH guidance (#144) is HUMAN SERVICES consistent with the agency’s current II. Draft Guidance on Antimicrobial thinking, described in draft guidance Health Resources and Services Resistance #152, on the type of preapproval Administration The VICH Steering Committee held a information that should be considered HRSA–03–019 Fiscal Year 2003 meeting on June 28, 2001, and agreed for new veterinary medicinal products Geriatric Academic Career Awards that the draft guidance document for food-producing animals with regard (GACA)—CFDA 93.250 entitled ‘‘Pre-Approval Information for to characterization of antimicrobial Registration of New Veterinary resistance selection in bacteria of AGENCY: Health Resources and Services Medicinal Products for Food Producing human health concern. This guidance Administration. Animals with Respect to Antimicrobial does not create or confer any rights for ACTION: Notice. Resistance’’ (VICH GL27) should be or on any person and will not operate made available for public comment. to bind FDA or the public. An SUMMARY: The Health Resources and However, subsequent to the June 2001 alternative method may be used as long Services Administration (HRSA) Steering Committee meeting, the FDA as it satisfies the requirements of announces that applications will be decided to delay the publication of the applicable statutes and regulations. accepted for the second of two draft VICH guidance in the United solicitations for the Geriatric Academic States until the FDA draft guidance IV. Comments Career Awards Program for Fiscal Year (#152) related to antimicrobial This draft guidance document is being 2003. resistance was published. FDA believed distributed for comment purposes only Purpose: The purpose of this program that it was important to first develop its and is not intended for implementation is to increase the number of junior thinking on how data, such as that at this time. Interested persons may faculty in geriatrics at accredited described in the draft VICH guidance, submit written or electronic comments schools of medicine and osteopathic could be used for completing an regarding this draft guidance document medicine and to promote their careers assessment on antimicrobial resistance. to the Dockets Management Branch (see as academic geriatricians. The GACA The draft VICH guidance is an initial ADDRESSES). Submit written or stipend supports the career step in developing harmonized electronic comments to ensure adequate development of junior faculty members technical guidance in the European consideration in preparation of the final for a period of five years. Union, Japan, and the United States for guidance. Two copies of any mailed Authorizing Legislation: These approval of therapeutic antimicrobial comments are to be submitted, except applications are solicited under the

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authority of Title VII, section 753 (c), of (4) Extent to which specific plans will Paperwork Reduction Act the Public Health Service Act (PHS), (42 result in research and/or publication The Application for the Geriatric U.S.C. 294c). opportunities and productivity in Academic Career Awards Program has Eligible Applicants: Geriatric national professional societies; been approved by the Office of Academic Career Awards are provided (Maximum Value: 20 points) Management and Budget (OMB) under for individuals who meet the following (5) Extent to which the commitment the Paperwork Reduction Act. The OMB criteria: (1) Are board certified or board of the mentor and institution to provide clearance number is 0915–0060. The eligible in internal medicine, family a supportive environment for the program is not subject to the provisions practice, or psychiatry; (2) have achievement of the applicant’s career completed an approved fellowship goals and willingness to meet reporting of Executive Order 12372, program in geriatrics; and (3) have a requirements are demonstrated. Intergovernmental Review of Federal junior faculty appointment at an (Maximum Value: 20 points) Programs (as implemented through 45 accredited school of medicine Estimated Amount of Available CFR part 100). (allopathic or osteopathic). Funds: It is estimated that $1 million Dated: May 29, 2003. Funding Priorities and/or Preferences: will be available for this second Elizabeth M. Duke, None. solicitation in fiscal year 2003. Administrator. Service Requirements: Award Estimated Number of Awards: The [FR Doc. 03–14859 Filed 6–11–03; 8:45 am] recipients agree to serve as members of estimated number of awards will be 20. BILLING CODE 4165–15–P the faculties of accredited schools of Estimated or Average Size of Each allopathic or osteopathic medicine Award: The estimated size of each providing teaching services, within the award will be $55,000. service requirements under this award, Estimated Project Period: DEPARTMENT OF THE INTERIOR for up to 5 years. Prior to submitting an Applications may be submitted for a Fish and Wildlife Service application for the Geriatric Academic five-year grant period. The first budget Career Award, individuals must have an period is September 1, 2003–August 31, North American Wetlands agreement with an eligible school 2004; the second budget period is Conservation Council (Council) setting forth the terms and conditions of September 1, 2004–September 29, 2005; Meeting Announcement the award. The agreement with the the third budget period is September 30, school must permit the individual to 2005–September 29, 2006; the fourth AGENCY: U.S. Fish and Wildlife Service, serve as a full-time (as determined by budget period is September 30, 2005– Interior. the school) member of the faculty, for September 29, 2006; the fifth budget ACTION: Notice of meeting. not less than the period of the award. As period is September 30, 2006– provided in section 753 (c)(5), an September 29, 2007. SUMMARY: The Council will meet to individual who receives an award shall Application Requests, Availability, select North American Wetlands provide training in clinical geriatrics, Dates and Addresses: Application Conservation Act (NAWCA) grant including the training of materials are available for downloading proposals for recommendation to the interdisciplinary teams of health care via the Web at http://bhpr.hrsa.gov/ Migratory Bird Conservation professionals. The provision of such grants.htm. In order to be considered for Commission (Commission). The meeting training shall constitute at least 75 competition, applications must be is open to the public. percent of the obligations of the postmarked or delivered by July 14, DATES: July 9, 2003, 1 p.m. 2003, to the HRSA’s Grants Management individual under this award. Geriatric ADDRESSES: The meeting will be held at career awards are made directly to Office ATTN: GACA, 5600 Fishers Lane, the Hotel Loews Le Concorde, 1225 individuals, not institutions. Room 11A–33, Rockville, MD 20857. Place Montcalm, Quebec City, Quebec, Applicants should request a legibly Review Criteria Canada. The Council Coordinator is dated U.S. Postal postmark or obtain a located at U.S. Fish and Wildlife (1) Extent to which the applicant’s legibly dated receipt from a commercial Service, 4401 N. Fairfax Drive, Mail career goals as identified in the career carrier or U.S. Postal Service. Private Stop: MBSP 4501–4075, Arlington, development plan meet the purpose of metered Postmarks shall not be Virginia 22203. the Geriatric Academic Career Award— acceptable as proof of timely mailing. to develop into an academic geriatrician Applications submitted after the FOR FURTHER INFORMATION CONTACT: who emphasizes teaching geriatrics, deadline date will be returned to the David A. Smith, Council Coordinator, including teaching interdisciplinary applicant and not processed. Applicants (703) 358–1784 or [email protected]. teams—and the quality of the should note that HRSA anticipates SUPPLEMENTARY INFORMATION: In applicant’s plan for assessing his or her accepting grant applications online in accordance with NAWCA (Pub. L. 101– own progress toward meeting career the last quarter of the Fiscal Year (July 233, 103 Stat. 1968, December 13, 1989, goals; (Maximum Value: 20 points) through September). Please refer to the as amended), the State-private-Federal (2) Potential of the applicant to HRSA grants schedule at http:// Council meets to consider wetland achieve identified goals and objectives www.hrsa.gov/grants.htm for more acquisition, restoration, enhancement based on past training and experience; information. and management projects for (Maximum: 20 points) Projected Award Date: September 30, recommendation to, and final funding (3) Extent to which specific plans will 2003. approval by, the Commission. Proposal result in (a) meeting the statutory For Further Information Contact: due dates, application instructions, and service requirement (75% time pursuing Kathleen Bond, Division of State, eligibility requirements are available the goals of the GACA), (b) interacting Community and Public Health, Bureau through the NAWCA Web site at http:/ with and learning from other clinician- of Health Professions, HRSA, Room 8– /birdhabitat.fws.gov. Proposals require a educators locally and nationally, and (c) 103, Parklawn Building, 5600 Fishers minimum of 50 percent non-Federal obtaining the necessary pedagogical Lane, Rockville, Maryland 20857. matching funds. Canadian, Mexican, skills to achieve career goals; (Maximum Telephone number: (301) 443–8681. E- U.S. Standard and U.S. Small grant Value: 20 points) mail: [email protected]. proposals will be considered at the

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Council meeting. The tentative date for mining laws. The lands will remain Tract R (west end of Patos Island): the Commission meeting is September open to the public land and mineral T. 38 N., R. 2 W., 10. leasing laws. Sec. 17, most westerly 5 acres of Patos Island. Dated: May 30, 2003. DATES: Comments and requests for a The areas described aggregate Paul R. Schmidt, public meeting must be received by September 10, 2003. approximately 276.41 acres in San Juan and Assistant Director—Migratory Birds and State Whatcom Counties. Programs. ADDRESSES: Comments and meeting [FR Doc. 03–14839 Filed 6–11–03; 8:45 am] requests should be sent to the Oregon/ All persons who wish to submit comments, suggestions, or objections in BILLING CODE 4310–55–P Washington State Director, BLM, P.O. Box 2965, Portland, Oregon 97208– connection with the proposed 2965. withdrawal may present their views in DEPARTMENT OF THE INTERIOR FOR FURTHER INFORMATION CONTACT: writing, by the date specified above, to William Schurger, Wenatchee Field the State Director at the address Bureau of Land Management Office, 509–665–2116, or, Charles R. indicated above. Notice is hereby given that an [UTU 78566] Roy, BLM Oregon/Washington State Office, 503–808–6189. opportunity for a public meeting is afforded in connection with the Public Land Order No. 7552; SUPPLEMENTARY INFORMATION: The proposed withdrawal. All interested Withdrawal of National Forest System Bureau of Land Management has filed parties who desire a public meeting for Lands for the Trial, Washington, and an application to withdraw the the purpose of being heard on the Lost Lake Dams, Bonneville Unit, following described public lands from proposed withdrawal must submit a Central Utah Project; Utah; Correction location and entry under the United written request to the State Director at States mining laws, subject to valid AGENCY: Bureau of Land Management, the address indicated above within 90 existing rights: Interior. days from the publication of this notice. ACTION: Correction. Willamette Meridian Upon determination by the authorized Tract I (Lopez Island: Chadwick Hill/ officer that a public meeting will be SUMMARY: This action corrects an error Watmough Bay): held, a notice of the time and place will in the land description published as FR T. 34 N., R. 1 W., be published in the Federal Register at Doc. 03–3566 in the Federal Register, Sec. 21, lot 1, NW1⁄4NW1⁄4. least 30 days before the scheduled date 68 FR 7388, February 13, 2003, for a of the meeting. Bureau of Reclamation withdrawal. Tract L (Lopez Island: Cape St. Mary): The application will be processed in On page 7388, column 2, line 14 from T. 34 N., R. 1 W., accordance with the regulations set the bottom, which reads Sec. 15, lot 1. forth in 43 CFR part 2300. ‘‘NW1⁄2NE1⁄4SE1⁄4, SE1⁄4NE1⁄4SE1⁄4,’’ is Tract M (Lopez Island: Lopez Pass): For a period of 2 years from the date hereby corrected to read T. 35 N., R. 1 W., of publication of this notice in the 1 1 1 1 1 1 ‘‘W ⁄2NE ⁄4SE ⁄4, SE ⁄4NE ⁄4SE ⁄4,’’ Sec. 33, lot 1. Federal Register, the lands will be Dated: June 6, 2003. segregated as specified above unless the Tract N (Eliza Island: south end): application is denied or canceled or the Kent Hoffman, T. 36 N., R. 2 E., withdrawal is approved prior to that Deputy State Director, Division of Lands and Sec. 5, unsurveyed portion of Eliza Island. date. The temporary land uses which Minerals. Tract O (Lummi Island: Carter Point): may be permitted during this [FR Doc. 03–14843 Filed 6–11–03; 8:45 am] segregative period include licenses, BILLING CODE 4310–94–P T. 36 N., R. 2 E., Sec. 6, unsurveyed portion of Lummi permits, rights-of-way, and disposal of Island. vegetative resources other than under the mining laws. DEPARTMENT OF THE INTERIOR Tract P (Lummi Rocks): T. 37 N., R. 1 E., Dated: May 29, 2003. Bureau of Land Management Sec. 27, unsurveyed Lummi Rocks in the Helen L. Honse, 1 1 1 [OR–958–1430–ET; HAG–03–0011; WAOR– NW ⁄4 and SW ⁄4NE ⁄4. Acting Chief, Branch of Realty and Records Services. 57965] Tract Q (Chuckanut Rock): [FR Doc. 03–14862 Filed 6–11–03; 8:45 am] T. 37 N., R. 2 E., Notice of Proposed Withdrawal and BILLING CODE 4310–33–P Sec. 24, unsurveyed Chuckanut Rock. Opportunity for Public Meeting; Washington The portions of the following lands are more particularly identified and described by DEPARTMENT OF JUSTICE AGENCY: Bureau of Land Management, metes and bounds in the official records of the Bureau of Land Management: Interior. Notice of Lodging of Settlement ACTION: Notice. Tract H (Lopez Island: NW Chadwick Hill & Agreement Under the Resource Wetland): Conservation and Recovery Act SUMMARY: The Bureau of Land T. 34 N., R. 1 W., (RCRA) and the Comprehensive Management proposes to withdraw Sec. 17, m&b in SE1⁄4. Environmental Response, approximately 276.41 acres of public Tract J (Lopez Island: Watmough Bay): Compensation and Liability Act lands, for a period of 20 years, to protect (CERCLA) the unique natural, scenic, and T. 34 N., R. 1 W., 1 1 recreation values, and the investment of Sec. 21, m&b in lot 2, and SW ⁄4NW ⁄4. Notice is hereby given that on May 30, Federal funds on 11 tracts in the San Tract K (Lopez Island: Watmough Head & 2003, a proposed Consent Decree in Juan Archipelago. This notice segregates Watmough Bay): United States and State of Illinois v. the lands for up to 2 years from location T. 34 N., R. 1 W., National Steel Corporation, Case No. and entry under the United States Sec. 21, m&b in lot 2. 1:03cv3338 was lodged with the United

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States District Court for the Northern $7.00 (25 cents per page reproduction costs incurred by the United States not District of Illinois. cost) payable to the U.S. Treasury. inconsistent with the national In this action the United States sought contingency plan. In the proposed William D. Brighton, civil penalties and injunctive relief Consent Decrees, Defendant Janice arising from National Steel Assistant Chief, Environmental Enforcement Graham, Independent Executor of the Corporation’s improper characterization Section, Environment and Natural Resources Division. Estate of Wayne Webster, and Gary M. and disposal of hazardous wastes in an Sell, Personal Representative of the [FR Doc. 03–14825 Filed 6–11–03; 8:45 am] on-site landfill at its Granite City Estate of Virginia Sell, agree, Division facility in Granite City, Illinois. BILLING CODE 4410–15–M respectively, to pay the United States The Consent Decree provides that $180,000 and $110,000, which sums National Steel Corporation will close its DEPARTMENT OF JUSTICE will be deposited by the United States on-site landfill and increase the Environmental Protection Agency monitoring and post-closure care of its Notice of Lodging of Consent Decrees (‘‘EPA’’) in the Rico-Argentine Special landfill. In addition, the Consent Decree Under the Clean Water Act and Under Account within the EPA Hazardous requires payment of a civil penalty of the Comprehensive Environmental Substance Superfund to be retained and $500,000. Payment of the penalty will Response, Compensation, and Liability used to conduct or finance response be subject to procedures in National Act actions at or in connection with the Site, Steel Corporation’s Chapter 11 or to be transferred by EPA to the EPA Bankruptcy proceeding, In Re: National Notice is hereby given that on June 2, Hazardous Substance Superfund. Steel Corporation, et al., No. 02–08699 2003, two (2) proposed Consent Decrees (Bankr. N.D. Ill., filed March 6, 2002). in United States and State of Colorado The Department of Justice will receive National Steel Corporation is v. Rico Development Corporation, Janice for a period of thirty (30) days from the currently negotiating the final terms for Graham, Independent Executor of the date of this publication comments a court-approved transfer of its assets to Estate of Wayne Webster, and Gary M. relating to the Consent Decrees. the United States Steel Corporation. Sell, Personal Representative of the Comments should be addressed to the Therefore the Consent Decree provides Estate of Virginia Sell, Civil Action No. Assistant Attorney General, a procedure for United States Steel 99–MK–1386, were lodged with the Environment and Natural Resources Corporation to assume the obligations of United States District Court for the Division, PO Box 7611, U.S. Department National Steel Corporation once the District of Colorado. of Justice, Washington, DC 20044–7611, Bankruptcy Court has approved the In this action, Plaintiffs United States and should refer to United States and final transfer of assets. and the State of Colorado sought State of Colorado v. Rico Development The Department of Justice will receive injunctive relief pursuant to the Clean Corporation, Janice Graham, for a period of thirty (30) days from the Water Act, 33 U.S.C. 1251 et seq., and Independent Executor of the Estate of date of this publication comments pursuant to the Colorado Water Quality Wayne Webster, and Gary M. Sell, relating to the Consent Decree. Control Act, Section 25–8–101 et seq., Personal Representative of the Estate of Comments should be addressed to the Colorado Revised Statutes, for alleged Virginia Sell, D.J. Ref. DJ#90–5–1–1– Assistant Attorney General, violations of Rico Development 06498. Environment and Natural Resources Corporation’s (‘‘RDC’’) Colorado The Consent Decrees may be Division, P.O. Box 7611, U.S. Discharge Permit System permit examined at U.S. EPA Region 8,999 18th Department of Justice, Washington, DC (‘‘Permit’’). Plaintiffs also sought, Street, Suite 300, Denver, Colorado, 20044–7611, and should refer to United pursuant to Section 7–114–108, C.R.S., 80202. During the public comment States and State of Illinois v. National recovery of assets distributed by RDC to period, the Consent Decrees may also be Steel Corporation, D.J. Ref. 90–11–3– its shareholders, Wayne Webster and examined on the following Department 07887. Commenters may request an Virginia Sell. Additionally, the United of Justice website, http:// opportunity for a public meeting in the States sought to recover costs incurred www.usdoj.gov/enrd/open.html. A copy affected area, in accordance with section by it for response action performed of each Consent Decree may also be 7003(d) of RCRA, 42 U.S.C. 6973(d). under the Comprehensive obtained by mail from the Consent The Consent Decree may be examined Environmental Response, Decree Library, PO Box 7611, U.S. at the Office of the United States Compensation, and Liability Act Department of Justice, Washington, DC Attorney, Northern District of Illinois, (‘‘CERCLA’’), 42 U.S.C. 9601 et seq., at 20044–7611 or by faxing or e-mailing a 219 South Dearborn Street, Suite 300, RDC’s mine wastewater treatment request to Tonia Fleetwood Chicago, IL 60604 and at U.S. EPA facility located at the Rico Argentine ([email protected]), fax no. Region 5, 77 West Jackson Boulevard, mine site near Rico, Colorado (the (202) 514–0097, phone confirmation Chicago, IL 60604. During the public ‘‘Site’’). number (202) 514–1547. In requesting a comment period, the Consent Decree The alleged Clean Water Act copy from the Consent Decree Library, may also be examined on the following violations occurred over the course of please enclose a check in the amount of Department of Justice Web site, http:// several years during which RDC $3.00 for the Consent Decree with Janice www.usdoj.gov/enrd/open.html. A copy exceeded its Permit limits on numerous Graham, Independent Executor of the of the Consent Decree may also be occasions and discharged at another Estate of Wayne Webster and $2.80 for obtained by mail from the Consent location without authorization. The the Consent Decree with Gary M. Sell, Decree Library, P.O. Box 7611, U.S. United States also sought compensation Personal Representative of the Estate of Department of Justice, Washington, DC for response costs incurred by it in Virginia Sell. 20044–7611 or by faxing or e-mailing a connection with a cleanup of hazardous request to Tonia Fleetwood substances performed at the Site. Under Robert D. Brook, ([email protected]), fax no. Section 107(a)(1) of CERCLA, 42 U.S.C. Assistant Chief, Environmental, Enforcement (202) 514–0097, phone confirmation 9607(a)(1), the United States alleged that Section, Environment and Natural Resources number (202) 514–1547. In requesting a the defendants, as current owners, or as Division. copy from the Consent Decree Library, past owners and operators at the time of [FR Doc. 03–14824 Filed 6–11–03; 8:45 am] please enclose a check in the amount of disposal, are liable for those response BILLING CODE 4410–15–M

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DEPARTMENT OF JUSTICE www.usdoj.gov/enrd/open.html. a copy information are encouraged. Your of the Consent Decree may also be comments should address one or more Notice of Lodging of Consent Decree obtained by mail from the Consent of the following four points: for Relief Under the Comprehensive Decree Library, PO Box 7611, U.S. 1. Evaluate whether the proposed Environmental Response, Department of Justice, Washington, DC collection of information is necessary Compensation, and Liability Act 20044–7611, or by faxing or e-mailing a for the proper performance of the (CERCLA) of 1980 request to Tonia Fleetwood functions of the agency, including whether the information will have Under 28 CFR 50.7, notice is hereby ([email protected]), fax no. (202) 514–0097, phone confirmation practical utility; given that on May 16, 2003, a proposed 2. Evaluate the accuracy of the Consent Decree resolving the United number (202) 514–1547. In requesting a copy, please enclose a check in the Agency’s estimate of the burden of the States’ claims in United States of proposed collection of information, America v. Edward Schwarz, et al., Civil amount of $6.25 payable to the U.S. Treasury. including the validity of the Action No. 1:02–CV–568, was lodged methodology and assumptions used; with the United States District Court for William Brighton, 3. Enhance the quality, utility, and the Western District of Michigan. Assistant Section Chief, Environmental clarity of the information to be In this action the United States sought Enforcement Section, Environment and collected; and recovery of response costs incurred in Natural Resources Division. 4. Minimize the burden of the performing a removal action at the Orbit [FR Doc. 03–14823 Filed 6–11–03; 8:45 am] collection of information on those who Enterprise Superfund Site located at 344 BILLING CODE 4410–15–M are to respond, including through the through 368 Burnham Street in Battle use of appropriate automated, Creek, Michigan (‘‘the Site’’), pursuant electronic, mechanical, or other to section 107(a) of the Comprehensive DEPARTMENT OF JUSTICE technological collection techniques or Environmental Response, other forms of information technology, Drug Enforcement Administration Compensation, and Liability of 1980, as e.g., permitting electronic submission of amended (‘‘CERCLA’’), 42 U.S.C. responses. 9607(a). The United States asserts that Agency Information Collection Donald and Charlotte Walter, whose Activities: Proposed Collection; Overview of This Information estates are now represented by the Comments Requested Collection defendants, owned and operated the ACTION: 30-day Notice of Information (1) Type of Information Collection: Site during the time that hazardous Collection Under Review: Extension of Extension of a Currently Approved substances were released at the Site. a Currently Approved Collection, U.S. Collection. Pursuant to the Consent Decree, the Official Order Forms for Schedules I (2) Title of the Form/Collection: U.S. defendants will pay the United States and II Controlled Substances Official Order Forms for Schedules I $400,000 of the $725,202.97 in past (Accountable Forms), Order Form and II Controlled Substances response costs incurred by the EPA Requisition. (Accountable Forms), Order Form (including administrative, enforcement, Requisition. and indirect costs) in performing a The Department of Justice (DOJ), Drug (3) Agency form number, if any, and removal action at the Site. This payment Enforcement Administration (DEA) has the applicable component of the will be due within 30 days after entry submitted the following information Department of Justice sponsoring the of the Consent Decree, and will resolve collection request to the Office of collection: Form Number: DEA Form the United States’ cost recovery claim Management and Budget (OMB) for 222, DEA Form 222a. Office of the Walters’ liability for failing to review and approval in accordance with Diversion Control, Drug Enforcement respond to an EPA information request the Paperwork Reduction Act of 1995. Administration, U.S. Department of issued pursuant to section 104(e) of The proposed information collection is Justice. CERCLA, and the EPA lien previously published to obtain comments from the (4) Affected public who will be asked placed on the Site property. public and affected agencies. This or required to respond, as well as a brief The Department of Justice will receive proposed information collection was abstract: Primary: Business or other for- for a period of thirty (30) days from the previously published in the Federal profit. Other: Federal Government, date of this publication comments Register, Volume 68, Number 66, page State, Local or Tribal Government, relating to the Consent Decree. 16830 on April 7, 2003, allowing for a nonprofit entities. Abstract: DEA–222 is Comments should be addressed to the 60-day comment period. used to transfer or purchase Schedule I Assistant Attorney General, The purpose of this notice is to allow and II controlled substances and data is Environment and Natural Resources for an additional 30 days for public needed to provide an audit of transfer Division, PO Box 7611, U.S. Department comment until July 14, 2003. This and purchase. DEA–222a Requisition of Justice, Washington, DC 20044–7611, process is conducted in accordance with Form is used to obtain the DEA–222 and should refer to United States of 5 CFR 1320.10. Order Form. Respondents are DEA America v. Edward Schwarz, et al., Civil Written comments and/or suggestions registrants eligible to handle these Action No. 1:02–CV–568, DOJ Ref. No. regarding the items contained in this controlled substances. 90–11–3–07524. notice, especially the estimated public (5) An estimate of the total number of The Consent Decree may be examined burden and associated response time, respondents and the amount of time at the Office of the United States should be directed to The Office of estimated for an average respondent to Attorney, 330 Ionia Avenue NW., Grand Management and Budget, Office of respond: It is estimated that there are a Rapids, MI 49503, and at U.S. EPA, Information and Regulatory Affairs, total of 100,870 respondents to this Region 5, 77 West Jackson Boulevard, Attention Department of Justice Desk information collection. It is estimated to Chicago, IL 60604. During the public Officer, Washington, DC 20503. take 0.05 hours for a purchaser to comment period, the Consent Decree Written comments and suggestions requisition DEA Forms 222, using DEA may also be examined on the following from the public and affected agencies Form 222a. It is estimated to take Department of Justice Web site, http:// concerning the proposed collection of purchasers 0.333 hours to complete,

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annotate and file each order. It is ADDRESSES: Send comments to Office of in Appendix B—STANDARD ROUTINE estimated to take suppliers 0.333 hours the Chief Information Officer, Code AO, USES—NASA. to enter data regarding each order into NASA Headquarters, 300 E Street SW., a computer system, annotate the order Washington, DC 20546–0001. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND and file it. It is estimated to take FOR FURTHER INFORMATION CONTACT: Patti DISPOSING OF RECORDS IN THE SYSTEM: suppliers 9 hours a month to log and F. Stockman, 202–358–4787. track DEA Forms 222 and prepare the STORAGE: monthly mailing of required NASA 10IMF1 Stored as electronic media. information to DEA. it is estimated to SYSTEM NAME: RETRIEVABILITY: take 0.25 hours to sign and execute each Integrated Financial Management power of attorney letter. The annual (IFM) Program—Core Financial System. Records may be searched by name or average time spent is dependent on the SSN (Tax ID). number of orders completed and filled. SECURITY CLASSIFICATION: (6) An estimate of the total public This system is categorized in SAFEGUARDS: burden (in hours) associated with the accordance with OMB Circular A–11 as An approved security plan for this collection: a Special Management Attention Major system has been established in The average annual total public Information System. A security plan for accordance with OMB Circular A–130, burden is 3.9 million hours, assuming a this system has been established in Management of Federal Information 6 percent annual growth rate in the accordance with OMB Circular A–130, Resources. Individuals will have access number of orders. Management of Federal Information to the system only in accordance with If additional information is required Resources. approved authentication methods. Only contact: Robert B. Briggs, Department key authorized employees with Clearance Officer, Information SYSTEM LOCATION: appropriately configured system roles Management and Security Staff, Justice George C. Marshall Space Flight can access the system and only from Management Division, United States Center, National Aeronautics and Space workstations within the NASA Intranet. Department of Justice, Patrick Henry Administration, Marshall Space Flight RETENTION AND DISPOSAL: Building, Suite 1600, 601 D Street NW., Center, AL 35812 Records are stored in the IFM Washington, DC 20530. CATEGORIES OF INDIVIDUALS COVERED BY THE database and managed, retained and Dated: June 9, 2003. SYSTEM: dispositioned in accordance with the Robert B. Briggs, Individuals covered by the NASA guidelines defined in the NASA Department Clearance Officer, United States Core Financial (CF) System include Procedure & Guidelines (NPG) 1441.1D, Department of Justice. former and current NASA employees NASA Records Retention Schedules, [FR Doc. 03–14884 Filed 6–11–03; 8:45 am] and nonNASA individuals requiring Schedule 9. BILLING CODE 4410–09–M any type of payment. SYSTEM MANAGER(S) AND ADDRESS: CATEGORIES OF RECORDS IN THE SYSTEM: Records in this system may include AD04/Manager of the IFMP NATIONAL AERONAUTICS AND information about the individuals Competency Center, George C. Marshall SPACE ADMINISTRATION including Social Security Number (Tax Space Flight Center, National Identification Number), home address, Aeronautics and Space Administration, [Notice (03–062)] telephone number, e mail address, and Marshall Space Flight Center, AL 35812 Privacy Act: Report of New System bank account information. NOTIFICATION PROCEDURE: AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Individuals interested in inquiring AGENCY: National Aeronautics and about their records should notify the Space Administration (NASA). National Aeronautics and Space Act of 1958, et seq. as amended. 42 U.S.C. System Manager at the address given ACTION: Notice of New System of 2473 (2003); Federal Records Act, 44 above. Records. U.S.C. 3101 (2003); Chief Financial RECORD ACCESS PROCEDURE: SUMMARY: Each Federal agency is Officers Act of 1990 205(a), 31 U.S.C. 901 (2003); Financial Management Individuals who wish to gain access required by the Privacy Act of 1974 to to their records should submit their publish description of the systems of Improvement Act of 1996 802, 31 U.S.C. 3512 (2003). request in writing to the System records it maintains containing personal Manager at the address given above. information when a system is ROUTINE USES OF RECORDS MAINTAINED IN THE substantially revised, deleted, or SYSTEM, INCLUDING CATEGORIES OF USERS AND CONTESTING RECORD PROCEDURES: created. In this notice, NASA provides THE PURPOSE OF SUCH USES: The NASA regulations governing the required information for a new The following are routine uses: (1) access to records, procedures for system of records related to NASA’s Furnish data to the Department of contesting the contents and for Integrated Financial Management Treasury for financial reimbursement of contesting the contents and for Program (IFMP) Core Financial System. individual expenses, such as travel, appealing initial determinations are set This new system will improve NASA’s books, and other miscellaneous items; forth in 14 CFR part 1212. financial management systems in (2) Process payments and collections in accordance with the requirements set which an individual is reimbursing the RECORD SOURCE CATEGORIES: forth in the Chief Financial Officers Act Agency; (3) Ongoing administration and The information is received by the of 1990 and the Federal Financial maintenance of the records, which is IFMP Core Financial System through an Management Improvement Act of 1996. performed by authorized NASA electronic interface from the NASA DATES: Effective date: June 12, 2003. employees, both civil servants and Personnel Payroll System (NPPS). In Submit comments on or before July 14, contractors; and (4) Standard routine certain circumstances, updates to this 2003. uses 1 through 4 inclusive as set forth information may be submitted by NASA

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employees and recorded directly into The Kerr-McGee Corporation’s NRC Alternatives to the Proposed Action the IFMP Core Financial System. License SUB–986 is managed by Kerr- Final approval for release of the site McGee Chemical, LLC, which operates Bobby German, for unrestricted use would be contingent the Technical Center to conduct Deputy Program Director. upon NRC staff’s approval of the research and development activities in licensee’s final status survey report. The [FR Doc. 03–14053 Filed 6–11–03; 8:45 am] support of its chemical facilities. In BILLING CODE 7510–01–P no-action alternative would be to keep January 1999, the licensee determined it the facility on the license. Maintaining would no longer require source the areas under a license would provide, materials use authorizations, provided negligible, if any, environmental benefit, NUCLEAR REGULATORY by NRC License SUB–986, to support but would reduce options for future use COMMISSION any work. Additionally, the licensee of the property. Furthermore, this no- had been notified by the Oklahoma action alternative is not acceptable [Docket No. 040–08006] Department of Transportation that the because it would conflict with NRC’s Environmental Assessment and department would be expanding State requirement in 10 CFR 40.42, Finding of No Significant Impact for Highway 74 and thus, would be ‘‘Expiration and termination of licenses Kerr McGee Corporation’s Request to expanding the existing right-of-way and decommissioning of sites and Amend Source Materials License which may include the area where separate building or outdoor areas,’’ of uranium calibration test pits, previously timely remediation at facilities or I. Introduction used under the license, were located. outdoor areas that have ceased NRC The U.S. Nuclear Regulatory The licensee has completed the licensed operations. Therefore, the no- Commission (NRC) is considering an remediation of the test pits with action alternative is not considered to be amendment to Kerr McGee inspection oversight and confirmatory reasonable and is not analyzed further in this EA. Corporation’s Source Materials License in-process surveys by the Region IV SUB–986. The proposed amendment office of the NRC. The NRC staff The Affected Environment and will approve the Derived Concentration conducted three inspections (ADAMS Environmental Impacts Guideline Levels (DCGLs) and Accession Nos. ML011520263, The facility consists of approximately Decommissioning Plan (DP) with ML023500440, ML030370529) and 160 acres of land in which the facility consideration of license termination for performed split sample analyses of the buildings are located on approximately the Kerr McGee Technical Center soils and surface water to assess the 10 acres of land with the rest of the land located in Oklahoma City, Oklahoma. levels of contamination and subsequent area consisting of grass fields or water, An Environmental Assessment (EA) was remediation of the outdoor areas. and not used for the facility’s activities. performed by the NRC staff in support Since the site would be surveyed and of its review of Kerr McGee’s license Identification of the Proposed Action meet the NRC criteria for unrestricted termination request, in accordance with The proposed action is to issue a use in accordance with 10 CFR part 20, the requirements of 10 CFR part 51. The license amendment to Source Materials the environmental impacts resulting conclusion of the EA is a Finding of No from the release of this site for Significant Impact (FONSI) for the License SUB–986 for approval of the DP unrestricted use are expected to be proposed licensing action. with proposed DCGLs that define the maximum amount of residual insignificant. There are no additional II. Environmental Assessment contamination in soils and building activities which would result in cumulative impacts to the environment. Background surfaces that would satisfy NRC’s regulations in 10 CFR part 20, subpart Agencies and Persons Contacted This EA is being performed to E, ‘‘Radiological Criteria for License evaluate the environmental impacts of Termination.’’ Additional consideration The NRC staff has prepared this EA the proposed amendment to Kerr McGee for license termination of Source with input from the Oklahoma Natural Corporation’s Source Materials License Materials License SUB–986 for Heritage Inventory by letter dated April SUB–986, to approve the DCGLs and the unrestricted release of the site, is 12, 2002, and the U.S. Fish and Wildlife DP and subsequent termination of the contingent on NRC staff’s approval of Service by letter dated May 9, 2002, and source materials license for unrestricted the licensee’s submittal of the final documented that the proposed action release of facilities used under the status survey report, as required by the will have no effect on listed species, license located at the Technical Center DP. wetlands or other important wildlife in Oklahoma City, Oklahoma. The resources. By letter dated May 2, 2002, license termination will be based upon Purpose and Need for the Proposed after reviewing the documentation NRC staff’s approval of the licensee’s Action concerning the referenced project in Final Status Survey Report as required Oklahoma County, the Oklahoma by the DP. The purpose of the proposed action is Historical Society determined that there The Technical Center was established to terminate Source Materials License are no historic properties affected by the in 1963 to provide research and SUB–986 and release the site for referenced project. In its letter dated development for conducting chemical unrestricted use in accordance with the April 11, 2002, the Oklahoma and radiochemical laboratory analysis. radiological criteria for license Archaeological Survey indicated that The primary use of the source material termination in subpart E, 10 CFR part the referenced project has been was for the development, testing and 20, ‘‘Radiological Criteria for License reviewed and cross-checked with the calibration of instruments used for the Termination.’’ The NRC is fulfilling its state site files containing approximately company’s mineral prospecting business responsibility under the Atomic Energy 17,500 archaeological sites that are unit. At no time did the Technical Act to make a decision for the proposed currently recorded in the State of Center engage in the degree of license termination that ensures Oklahoma and no sites are listed as production activities associated with a protection of the public health and occurring within the project area. fuel cycle facility. safety and the environment. Additionally, the Oklahoma

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Archaeological Survey indicated that IV. Further Information information required to be filed by the based on the topographic and These references listed above may be Commission permits verification of hydrological setting, no archaeological examined and/or copied for a fee at the compliance with securities law materials are likely to be encountered. A NRC’s Public Document Room, located requirements and assures the public draft of this EA was provided to the at One White Flint North, 11555 availability of such information. Form State of Oklahoma for review. The State Rockville Pike, Rockville, MD 20852. F–3 takes approximately 166 hours per of Oklahoma is in agreement with the The references and inspection reports response and is filed by approximately proposed action and had no additional with ADAMS accession numbers may 120 respondents for a total burden of comments. also be viewed in the NRC’s Electronic 19,920 hours. It is estimated that 25% of the total burden hours (4,980 References Public Document Reading Room at http://www.nrc.gov/reading-rm/ reporting burden hours) is prepared by NRC, ‘‘Radiological Criteria for License adams.html. Any questions with respect the issuer. Termination,’’ 10 CFR part 20, to this action should be referred to D. Form F–7 may be used to register subpart E, 62 FR 39088, July 28, Blair Spitzberg, Ph.D., Chief, Fuel Cycle under the Securities Act securities 1997. and Decommissioning Branch, Division offered for cash upon exercise of rights NRC, ‘‘NMSS Decommissioning of Nuclear Materials Safety, Region IV, that are granted to its existing Standard Review Plan, ‘‘NUREG– U.S. Nuclear Regulatory Commission, shareholders of the registrant to 1727, August 1991. 611 Ryan Plaza Drive, Suite 400, purchase or subscribe such securities. NRC, ‘‘Multi-Agency Radiation Survey Arlington, Texas, 76011–4005. The information collected is intended to and Site Investigation Manual Telephone: (817) 860–8191, FAX ensure that the information required to (MARSSIM),’’ NUREG–1575, number (817) 860–8188. be filed by the Commission permits December 1997. verification of compliance with NRC, ‘‘Consolidated NMSS Dated at Arlington, Texas, this 5th day of securities law requirements and assures June 2003. Decommissioning Guidance,’’ the public availability of such NUREG–1757, Volume 1, For the Nuclear Regulatory Commission. information. Approximately 5 September 2002. D. Blair Spitzberg, respondents file Form F–7 and it takes NRC, Draft, ‘‘Environmental Review Chief, Fuel Cycle Decommissioning Branch, approximately 4 hours per response for Guidance for Licensing Actions Division of Nuclear Materials Safety, Region a total burden of 20 hours. It is Associated with NMSS Programs,’’ IV. estimated that 25% of the total burden NUREG–1748, September 2001. [FR Doc. 03–14858 Filed 6–11–03; 8:45 am] hours (5 reporting burden hours) is NRC, Draft, ‘‘Manual for Conducting BILLING CODE 7590–01–P prepared by the company. Radiological Survey in Support of Form F–8 may be used to register License Termination,’’ NUREG/CR– under the Securities Act securities of 5849, June 1992. SECURITIES AND EXCHANGE certain Canadian issuers to be used in NRC, NMSS Decommissioning Standard COMMISSION exchange offers or business Review Plan,’’ NUREG–1727, combinations. The information September 2000. Proposed Collection; Comment collected is intended to ensure that the Request FR 1997, Radiological Criteria for information required to be filed by the License Termination, IV. Summary Upon Written Request, Copies Available Commission permits verification of of Public Comments, Responses to From: Securities and Exchange compliance with securities law Comments, and Changes from Commission, Office of Filings and requirements and assures the public Proposed Rule, A.2.2.1, page 39061, Information Services, Washington, DC availability of such information. Federal Register, Vol 62, Rules and 20549. Approximately 10 respondents file Regulations, July 21, 1997. Extension: Form F–8 and it takes approximately 1 FR 2001, Rules and Regulations, pages Form F–3, OMB Control No. 3235–0256, hour per response for a total burden of SEC File No. 270–251 55752–55753, Federal Register, Vol Form F–7, OMB Control No. 3235–0383, 10 hours. It is estimated that 25% of the 66, No. 213, November 2, 2001. SEC File No. 270–331 total burden hours (2.5 reporting burden Kerr-McGee Technical Center, ‘‘Revised Form F–8, OMB Control No. 3235–0378, hours) is prepared by the company. Decommissioning Plan,’’ April 5, SEC File No. 270–332 Schedule 14D–1F may be used by any 2001 (ADAMS Accession Nos. Schedule 14D–1F, OMB Control No. 3235– person making a cash tender or ML011840119 and ML011840269). 0376, SEC File No. 270–338 exchange offer (the ‘‘bidder’’) for Kerr-McGee Technical Center, Schedule 14D–9F, OMB Control No. 3235– securities of any issuer incorporated or ‘‘Responses to NRC Region IV 0382, SEC File No. 270–339 organized under the laws of Canada or Request for Information to Support Notice is hereby given that pursuant any Canadian province or territory that the Environmental Assessment of to the Paperwork Reduction Act of 1995 is a foreign private issuer, where less Proposed Remediation Activities,’’ (44 U.S.C. 3501 et seq.) the Securities than 40% of the outstanding class of April 22, 2002 (ADAMS Accession and Exchange Commission such issuer’s securities that is the No. ML021140360). (‘‘Commission’’) is soliciting comments subject of the offer is held by U.S. on the collections of information holders. Schedule 14D–1F is designed III. Finding of No Significant Impact summarized below. The Commission to facilitate cross-border transactions in Based upon the environmental plans to submit these existing securities of Canadian issuers. The assessment, the staff concludes that the collections of information to the Office information required to be filed with the proposed action will not have a of Management Budget for extension Commission is intended to permit significant effect on the quality of the and approval. verification of compliance with the human environment. Accordingly the Form F–3 is used by foreign issuers to securities law requirements and assures staff has determined that the register securities pursuant to the the public availability of such preparation of an environmental impact Securities Act of 1933. The information information. Approximately 5 statement is not warranted. collected is intended to ensure that the respondents file Schedule 14D–1F and

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it takes approximately 2 hours per SECURITIES AND EXCHANGE May 5, 2003.11 The Commission response for total burden of 10 hours. COMMISSION received one comment letter on the proposed rule change.12 This order Schedule 14D–9F is used by any [Release No. 34–47991; File No. SR–CBOE– issuer incorporated or organized under approves the proposed rule change, as 2001–60] amended, through June 5, 2004. the laws of Canada or any Canadian province or territory that is foreign Self-Regulatory Organizations; Order II. Description of the Proposal private issuer (the ‘‘subject company’’), Approving Proposed Rule Change and CBOE proposes to amend CBOE Rule or by any director or officer of such Amendments No. 1, 2, 3, 4, 5, 6, 7, and 5.5, Interpretation and Policy .01 to issuer, where the issuer’s is the subject 8 by the Chicago Board Options implement the $1 Strike Pilot Program. of a cash tender or exchange offer for a Exchange, Inc. To Initiate a Pilot The Pilot Program will operate for a class of securities filed on Schedule Program That Allows the Listing of one-year period beginning June 5, 2003, 14D–1F. The information required to be Strike Prices at One-Point Intervals for and ending on June 5, 2004. The Pilot filed with the Commission is intended Certain Stocks Trading Under $20 Program will allow CBOE to list options to permit verification of compliance June 5, 2003. on selected stocks trading below $20 at with the securities law requirements one-point intervals, provided that the and assures the public availability of I. Introduction strike prices are $20 or less, but not less such information. Approximately 5 On December 12, 2001, the Chicago than $3. For an option to be eligible for respondents file Schedule 14D–9F and Board Options Exchange, Inc. (‘‘CBOE’’ inclusion in the Pilot Program, the it takes approximately 2 hours per or ‘‘Exchange’’) filed with the Securities underlying stock must close below $20 response for total burden of 10 hours. and Exchange Commission in its primary market on the previous (‘‘Commission’’), pursuant to section business day. CBOE may select up to Written comments are invited on: (a) 19(b)(1) of the Securities Exchange Act five individual stocks to be included in Whether these proposed collections of of 1934 (‘‘Act’’),1 and Rule 19b–4 its Pilot Program. In addition, CBOE information are necessary for the proper thereunder,2 a proposed rule change to may list $1 strike prices in any equity performance of the functions of the initiate a one-year pilot program that option included in the $1 strike pilot agency, including whether the will allow the Exchange to list options program of any other options exchange. information will have practical utility; on selected stocks trading below $20 at CBOE will only list $1 strike prices that (b) the accuracy of the agency’s estimate one-point intervals (‘‘$1 Strike Pilot fall within a $5 range of the underlying of the burden of the collection of Program’’ or ‘‘Pilot Program’’). The stock price. CBOE will not list long-term information; (c) ways to enhance the Exchange filed Amendments No. 1, 2, 3, options series (‘‘LEAPS’’) at $1 strike quality, utility, and clarity of the 4, 5, 6, 7, and 8 to the proposed rule price intervals, nor will CBOE list $1 information collected; and (d) ways to change on March 13, 2002,3 June 21, strike prices at levels that ‘‘bracket’’ minimize the burden of the collection of 2002,4 December 6, 2002,5 March 7, existing $2.50 intervals (e.g., $7 and $8 information on respondents, including 2003,6 March 25, 2003,7 April 16, 2003,8 strikes around a $7.50 strike). As the through the use of automated collection April 24, 2003,9 and April 25, 2003,10 $2.50 intervals are phased-out, the techniques or other forms of information respectively. The proposed rule change, Exchange will introduce the $1 prices as amended, was published for that bracket the phased-out prices. technology. Consideration will be given CBOE Rule 5.5, Interpretation and comment in the Federal Register on to comments and suggestions submitted Policy .03 will govern the addition of in writing within 60 days of this expiration months for $1 strike series. 1 publication. 15 U.S.C. 78s(b)(1). Upon expiration of the near-term 2 17 CFR 240.19b–4. Please direct your written comments 3 See letter from Steve Youhn, Attorney, CBOE, to month, CBOE may list an additional to Kenneth A. Fogash, Acting Associate Deborah Flynn, Assistant Director, Division of expiration month provided that the Executive Director/CIO, Office of Market Regulation (‘‘Division’’), Commission, dated underlying stock closes below $20 on its Information Technology, Securities and March 12, 2002 (‘‘Amendment No. 1’’). primary market on expiration Friday. If 4 See letter from James M. Flynn, Attorney II, the underlying stock closes at or above Exchange Commission, 450 Fifth Street, Legal Division, CBOE, to Elizabeth King, Associate NW., Washington, DC 20549. Director, Division, Commission, dated June 20, $20 on expiration Friday, CBOE will not 2002 (‘‘Amendment No. 2’’). list an additional month for a $1 strike Dated: June 2, 2003. 5 See letter from Steve Youhn, Attorney, Legal series until the stock again closes below Margaret H. McFarland, Division, CBOE, to Deborah Flynn, Assistant $20. Director, Division, Commission, dated December 5, Deputy Secretary. At any time, CBOE may cease listing 2002 (‘‘Amendment No. 3’’). $1 strike prices on existing series by [FR Doc. 03–14828 Filed 6–11–03; 8:45 am] 6 See letter from James M. Flynn, Attorney II, submitting a cessation notice to the BILLING CODE 8010–01–P Legal Division, CBOE, to Deborah Flynn, Assistant Director, Division, Commission, dated March 6, Options Clearing Corporation (‘‘OCC’’). 2003 (‘‘Amendment No. 4’’). As discussed above, if the underlying 7 On March 25, 2003, the Exchange filed stock closes at or above $20 on Amendment No. 5, which supercedes the original filing and Amendments No. 1, 2, 3, and 4 in their expiration Friday, CBOE will not list entirety. any additional months with $1 strike 8 See letter from James M. Flynn, Attorney II, prices until the stock subsequently Legal Division, CBOE, to Deborah Flynn, Assistant closes below $20. If the underlying Director, Division, Commission, dated April 15, stock does not subsequently close below 2003 (‘‘Amendment No. 6’’). 9 See letter from James M. Flynn, Attorney II, $20, thereby precluding the listing of Legal Division, CBOE, to Deborah Flynn, Assistant Director, Division, Commission, dated April 22, 11 See Securities Exchange Act Release No. 47753 2003 (‘‘Amendment No. 7’’). (April 29, 2003), 68 FR 23784. 10 See letter from James M. Flynn, Attorney II, 12 See letter from Steven Dillinger, Cornerstone Legal Division, CBOE, to Deborah Flynn, Assistant Partners, LP, to Margaret H. McFarland, Deputy Director, Division, Commission, dated April 25, Secretary, Commission, dated May 26, 2003 2003 (‘‘Amendment No. 8’’). (‘‘Cornerstone Letter’’).

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additional strike prices and months, the trading of equity options overlying them; and (7) any additional existing $1 series will eventually expire. stocks trading at less than $20, thereby information that would help to assess When the near-term month is the only furthering the public interest by the operation of the Pilot Program. series available for trading, the allowing investors to establish equity V. Conclusion Exchange may submit a cessation notice options positions that are better tailored to OCC. Upon submission of the notice, to meet their investment objectives. The For the foregoing reasons, the the underlying stock will no longer Commission also believes that the Commission finds that the proposed count towards the five stocks that CBOE Exchange’s limited Pilot Program strikes rule change, as amended, is consistent may select for its Pilot Program. Once a reasonable balance between the with the requirements of the Act and the Exchange submits the cessation Exchange’s desire to accommodate rules and regulations thereunder. notice, it will not list any additional market participants by offering a wide It is therefore ordered, pursuant to 17 month for trading with strikes below array of investment opportunities and section 19(b)(2) of the Act, that the $20 unless the underlying again closes the need to avoid unnecessary proposed rule change (SR–CBOE–2001– below $20, and then, only if the CBOE proliferation of options series. The 60) is approved, on a pilot basis, has not already selected a replacement Commission expects the Exchange to through June 5, 2004. stock. monitor the applicable equity options For the Commission, by the Division of According to CBOE, the Options Price activity closely to detect any Market Regulation, pursuant to delegated 18 Reporting Authority (‘‘OPRA’’) has the proliferation of illiquid options series authority. capacity to accommodate the increase in resulting from the narrower strike price J. Lynn Taylor, the number of series that would be intervals and to act promptly to remedy Assistant Secretary. added pursuant to the Pilot Program. In this situation should it occur. In [FR Doc. 03–14829 Filed 6–11–03; 8:45 am] addition, CBOE notes that it listed addition, the Commission requests that BILLING CODE 8010–01–P approximately 109,000 series in CBOE monitor the trading volume December 2000 and approximately associated with the additional options 100,000 series in September 2001. The series listed as a result of the Pilot SECURITIES AND EXCHANGE CBOE believes that the increase in the Program and the effect of these COMMISSION number of series resulting from the Pilot additional series on market Program will be substantially lower than [Release No. 34–47998; File No. SR–GSCC– fragmentation and on the capacity of the 00–12] the 9,000 series decrease the CBOE Exchange’s, OPRA’s, and vendors’ experienced. automated systems. Self-Regulatory Organizations; III. Summary of Comments As noted above, the Commission is Government Securities Clearing The Commission received one approving the CBOE’s proposal on a Corporation; Order Granting Approval comment letter on the proposed rule one-year pilot basis. In the event that of a Proposed Rule Change Relating to change, which supports the proposal.13 CBOE proposes to extend the Pilot Insolvency and Clearing Fund Specifically, the commenter believes Program beyond June 5, 2004, expand Requirements the number of options eligible for that the CBOE’s proposal would provide June 6, 2003. equity investors with the flexibility inclusion in the Pilot Program, or seek necessary to hedge their risk as permanent approval of the Pilot I. Introduction efficiently as possible. Program, it should submit a Pilot On October 5, 2000, Government Program report to the Commission along Securities Clearing Corporation IV. Discussion 16 with the filing of such proposal. The (‘‘GSCC’’) 1 filed with the Securities and After careful review, the Commission report must cover the entire time the Exchange Commission (‘‘Commission’’) finds that the proposed rule change is Pilot Program was in effect, and must proposed rule change File No. SR– consistent with the requirements of the include: (1) Data and written analysis on GSCC–00–12 pursuant to section Act and the rules and regulations the open interest and trading volume for 19(b)(1) of the Securities Exchange Act thereunder applicable to a national options (at all strike price intervals) of 1934 (‘‘Act’’) 2 and on December 14, securities exchange.14 In particular, the selected for the Pilot Program; (2) 2000, amended the proposed rule Commission believes that the proposed delisted options series (for all strike change. Notice of the proposal was rule change is consistent with section price intervals) for all options selected published in the Federal Register on 6(b)(5) of the Act,15 which requires, for the Pilot Program; (3) an assessment June 17, 2002.3 No comment letters among other things, that the rules of a of the appropriateness of $1 strike price were received. For the reasons national securities exchange be intervals for the options the CBOE discussed below, the Commission is designed to remove impediments to and selected for the Pilot Program; (4) an approving the proposed rule change. perfect the mechanism of a free and assessment of the impact of the Pilot open market and a national market Program on the capacity of the CBOE’s, II. Description system, and, in general, to protect OPRA’s, and vendors’ automated On January 30, 1996, the Commission investors and the public interest. systems; (5) any capacity problems or issued an order approving GSCC’s Specifically, the Commission believes other problems that arose during the that the proposed listing of one point operation of the Pilot Program and how 17 15 U.S.C. 78s(b)(2). strike price intervals in selected equity the CBOE addressed them; (6) any 18 17 CFR 200.30–3(a)(12). options on a pilot basis should provide complaints that the CBOE received 1 On January 1, 2003, MBS Clearing Corporation was merged into GSCC under New York law and investors with more flexibility in the during the operation of the Pilot GSCC was renamed the Fixed Income Clearing Program and how the CBOE addressed Corporation. Securities Exchange Act Release No. 13 See Cornerstone Letter, supra note 12. 47015 (December 17, 2002), 67 FR 78531 (December 14 In approving this proposed rule change, the 16 The Commission expects the CBOE to submit 24, 2002) (File Nos. SR–GSCC–2002–10 and Commission has considered the proposed rule’s a proposed rule change at least 60 days before the MBSCC–2002–01). impact on efficiency, competition, and capital expiration of the Pilot Program in the event the 2 15 U.S.C. 78s(b)(1). formation. 15 U.S.C. 78c(f). CBOE wishes to extend, expand, or seek permanent 3 Securities Exchange Act Release No. 46053 15 15 U.S.C. 78f(b)(5). approval of the Pilot Program. (June 10, 2002), 67 FR 41285.

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proposed rule change permitting foreign forth in its clearing fund rule, its ceasing immediately accessible by GSCC in the entities to become members of GSCC’s to act rule, and its insolvency rule that event of the member’s bankruptcy or netting system.4 The rule change the proposed rule changes discussed insolvency. However, the application of established application and continuing below in subsection (ii) should also certain domestic or foreign laws could membership requirements for foreign apply to domestic members that present delay or prevent GSCC from accessing entities, including the delivery to GSCC GSCC with legal risk. GSCC would the portion of the member’s clearing of an opinion of foreign counsel reasonably determine that such legal fund deposit that is in the form of cash addressing the particular jurisdictional risk exists based upon factors such as and securities. The portion of the concerns raised by the admission of a outside legal advice or discussions with member’s clearing fund deposit that is foreign entity to netting system a relevant regulator. in the form of letters of credit (‘‘LCs’’) membership.5 GSCC is also adding language to its is generally not subject to the same risk Having gained experience from clearing fund rule clarifying its right to because LCs are typically not reviewing the legal opinions regarding rehypothecate the cash deposits of its considered to be part of the bankrupt/ foreign law that were provided in clearing fund. insolvent entity’s estate. connection with the applications of the The rules with respect to the (i) Changes to Insolvency Rule foreign banks that GSCC has admitted to calculation of a member’s clearing fund its netting system to date, GSCC has GSCC’s insolvency rule contains a deposit do not currently address this determined to clarify its insolvency section that lists the various types of legal risk. In order to better protect itself rule, rule 22, in the manner described in events or proceedings that would permit and its members, GSCC is amending its subsection (i) below so that the GSCC to treat a member as insolvent. rules to require a domestic or foreign insolvency rule more appropriately The rule was written utilizing terms member that in management’s references the types of insolvency common in United States insolvency or reasonable view (which may be based proceedings to which a foreign member bankruptcy proceedings. GSCC is upon factors such as outside legal might become subject. GSCC will also amending its insolvency rule to add advice or discussions with a relevant make conforming language changes to language so that the rule more regulator) presents heightened legal risk GSCC’s rules dealing with applications appropriately references the types of to GSCC to deposit additional collateral for membership standards as they apply insolvency proceedings to which a over what would normally be required to foreign members. foreign member might become subject. under GSCC’s clearing fund rule and/or Some of the legal opinions referred to GSCC’s foreign membership to post some additional portion of its in the previous paragraph have agreements have already been expanded clearing fund deposit requirement in the indicated that GSCC would be exposed to incorporate the insolvency triggering form of an LC.7 to ‘‘legal risk’’ as a result of the events that GSCC is now making part of application of the particular its rules. The changes will bring the (iii) Clarification of Rehypothecation jurisdiction’s law to a foreign member’s rules into conformity with the foreign Right With Respect to Cash Deposits insolvency or bankruptcy. The legal risk membership agreements and GSCC’s clearing fund rule contains a can take the form of prohibiting or specifically give GSCC the right provision that permits GSCC to delaying GSCC from: Accessing some or pursuant to its rules to declare a foreign rehypothecate, transfer, or assign its all of the clearing fund deposit of the member to be insolvent under the clearing fund collateral in the event that member; performing its netting, close- requisite circumstances.6 GSCC needs to secure a loan or to satisfy out, or liquidation of transactions; or (ii) Clearing Fund Requirements an obligation incurred by it incident to setting off obligations as set forth in its its clearance and settlement business. clearing fund rule (rule 4), its ceasing to One of GSCC’s most important risk GSCC is clarifying the provision with act rule (rule 21), or its insolvency rule management tools is its clearing fund, respect to the portions of the clearing (rule 22) or taking any other action which is comprised of cash, certain funds that may be rehypothecated, contemplated by these rules. GSCC is netting-eligible securities, and eligible transferred, or assigned by GSCC. The amending its rules to better protect itself letters of credit. The purposes served by provision refers to the securities and the and its members from these types of the clearing fund are: (1) To have on LCs that members pledge or deposit to legal risk in the circumstances where deposit from each netting member assets the clearing fund as well as to the GSCC reasonably determines based sufficient to satisfy any losses that may ‘‘deposits or other instruments in which upon factors such as outside legal be incurred by GSCC as the result of the the cash deposits’’ are invested. GSCC advice or discussions with a relevant default by the member and the resultant believes that this language could be read regulator that such legal risk exists. The close-out of that member’s settlement to not actually refer to the cash deposits proposed rule changes are described positions; (2) to maintain a total asset themselves. Therefore, GSCC believes more fully in subsection (ii) below. amount sufficient to satisfy potential that it is prudent to specifically add a GSCC’s experience in connection with losses to GSCC and its members reference in the rule to ‘‘cash deposits’’ the admission of U.S. branches of resulting from the failure of more than in order to eliminate any doubt as to foreign banks has also indicated that one member (and the failure of such GSCC’s ability to use the cash portion of certain issues that are described in these members’ counterparties to pay their the clearing fund in the manner set forth opinions could affect GSCC’s rights in pro rata allocation of loss); and (3) to in the clearing fund rule. the event of the insolvency or ensure that GSCC has sufficient III. Discussion bankruptcy of a domestic member. liquidity at all times to meet its payment GSCC believes, given the importance of and delivery obligations. The Commission finds that the its being able to exercise its rights as set A member’s clearing fund deposit, to proposed rule change is consistent with serve its intended purpose, should be the requirements of the Act and the 4 Securities Exchange Act Release No. 36788 (January 10, 1996), 61 FR 4500 (February 6, 1996) 6 In addition, the proposed rule change makes 7 GSCC’s clearing fund rule requires that LCs (File No. SR–GSCC–95–05). conforming language changes to GSCC’s rule 2 constitute no more than 70 percent of a member’s 5 GSCC also requires each prospective foreign (Members) and rule 3 (Financial Responsibility and clearing fund deposit. GSCC is amending its rule so member to provide a legal opinion on insolvency Operational Capability Standards) as they apply to that it may ask for a higher percentage in the form discussing applicable U.S. Federal and State laws. foreign members. of an LC if circumstances warrant.

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rules and regulations thereunder and SECURITIES AND EXCHANGE removed from the system. Instead, the particularly with the requirements of COMMISSION system after a decline, partial fill, or time-out, will remove the entire amount section 17A(b)(3)(F) of the Act, which [Release No. 34–47993; File No. SR–NASD– requires that the rules of a clearing 2003–81] of each individual quote(s)/order(s) to agency be designed to safeguard which the orders was delivered to by securities and funds in its custody or Self-Regulatory Organizations; Notice NNMS. The proposed rule text is as control or for which it is responsible.8 of Filing of Proposed Rule Change and follows: The Commission finds that by having Amendment No. 1 Thereto by National Proposed new language is italicized; the ability to require an additional Association of Securities Dealers, Inc. proposed deletions are in [brackets]. Relating to Quote Decrementation in clearing fund deposit or deposits in the 4710. Participant Obligations in NNMS form of letters of credit in circumstances SuperMontage (b) Non-Directed Orders as described above, the proposed rule June 5, 2003. change will help to ensure that GSCC Pursuant to section 19(b)(1) of the (1) General Provisions—A Quoting has adequate clearing fund assets Securities Exchange Act of 1934 Market Participant in an NNMS available to it in the event that it must (‘‘Act’’),1 and rule 19b–4 thereunder,2 Security, as well as NNMS Order Entry liquidate the collateral of an insolvent notice is hereby given that on May 12, Firms, shall be subject to the following participant. Additionally, the change to 2003, the National Association of requirements for Non-Directed Orders: GSCC’s insolvency rule to include Securities Dealers, Inc. (‘‘NASD’’ or (A) through (B)—No Change. references to certain insolvency ‘‘Association’’), through its subsidiary (C) Decrementation Procedures—The proceedings against foreign members the Nasdaq Stock Market, Inc. size of a Quote/Order displayed in the will better equip GSCC to handle the (‘‘Nasdaq’’), filed with the Securities Nasdaq Order Display Facility and/or financial difficulties of foreign members and Exchange Commission (‘‘SEC’’ or the Nasdaq Quotation Montage will be and should help GSCC to assure the ‘‘Commission’’) the proposed rule decremented upon the delivery of a safeguarding of securities and funds in change as described in items I, II, and Liability Order or the delivery of an the its custody or control or for which III below, which items have been execution of a Non-Directed Order or it is responsible. Therefore, the prepared by Nasdaq. On May 29, 2003, Preferenced Order in an amount equal proposed rule change is consistent with Nasdaq filed Amendment No. 1 to the to the system-delivered order or 3 GSCC safeguarding obligations under proposal. The Commission is execution. section 17A(b)(3)(F). publishing this notice, as amended, to (i) If an NNMS Auto-Ex ECN has its solicit comments on the proposed rule bid or offer Attributable Quote/Order IV. Conclusion change from interested persons. and Reserve Size decremented to zero On the basis of the foregoing, the I. Self-Regulatory Organization’s without transmission of another Commission finds that the proposed Statement of the Terms of Substance of Attributable Quote/Order to Nasdaq, the rule change is consistent with the the Proposed Rule Change system will zero out the side of the quote that is exhausted. If both the bid requirements of the Act and in Nasdaq proposes to modify how the and offer are decremented to zero particular with the requirements of quotes of order-delivery Electronic without transmission of a revised Communication Networks (‘‘ECNs’’) in section 17A of the Act and the rules and Attributable Quote/Order, the ECN will Nasdaq’s National Market Execution regulations thereunder applicable. be placed into an excused withdrawal System (‘‘NNMS’’ or ‘‘SuperMontage’’) It is therefore ordered, pursuant to state until the ECN transmits to Nasdaq will be decremented after they decline section 19(b)(2) of the Act, that the a revised Attributable Quote/Order. an order shipped to them, or partially proposed rule change (File No. SR– fill an order sent to them, or fail to (ii) If an NNMS Order-Delivery ECN GSCC–00–12) be, and hereby is, respond to the delivery within 30 declines or partially fills a Non-Directed approved. seconds.4 Under the proposal, order- Order without immediately transmitting For the Commission by the Division of delivery ECNs that decline an order, to Nasdaq a revised Attributable Quote/ Market Regulation, pursuant to delegated partially fill an order, or fail to respond Order that is at a price inferior to the authority.9 within 30 seconds to orders sent to them previous price, or if an NNMS Order- Delivery ECN fails to respond in any Margaret H. McFarland, (‘‘time-out’’) by SuperMontage will no manner within 30 seconds of order Deputy Secretary. longer have all of their trading interest at or better than the declined price level delivery, the system will cancel the [FR Doc. 03–14831 Filed 6–11–03; 8:45 am] delivered order and send the order (or BILLING CODE 8010–01–P 1 15 U.S.C. 78s(b)(1). remaining portion thereof) back into the 2 17 CFR 240.19b–4. system for immediate delivery to the 3 See letter from Mary M. Dunbar, Vice President next [Quoting Market Participant] and Deputy General Counsel, Nasdaq, to Katherine eligible Quote/Order in queue. The A. England, Assistant Director, Division of Market system then will zero out [the] those Regulation (‘‘Division’’), Commission, dated May 29, 2003 (‘‘Amendment No. 1’’). In Amendment No. ECN[’s] Quote/Orders to which the Non- 1, Nasdaq replaced the proposed rule change in its Directed Order was delivered. [at that entirety. price level on that side of the market,] 4 Nasdaq’s original target date for implementation If there are no other Quote/Orders at the of this proposal, if approved by the Commission, was June 16, 2003. Nasdaq has revised its intended declined price level, [and] the ECN’s implementation time-frame for mid-July 2003, and quote on that side of the market will will notify the Commission and market participants remain at zero until the ECN transmits when a firm date has been set. Telephone to Nasdaq a revised Attributable Quote/ conversation between Thomas Moran, Associate General Counsel, Nasdaq, and Marc McKayle, Order. If both the bid and offer are 8 15 U.S.C. 78q–1(b)(3)(F). Special Counsel, Division, Commission on June 5, zeroed out, the ECN will be placed into 9 17 CFR 200.30–3(a)(12). 2003. an excused withdrawal state until the

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ECN transmits to Nasdaq a revised operates for an ECN alone at the inside how the new quote/order reduction Attributable Quote/Order. that elected to enter three separate bid process would operate for an ECN alone (iii) If an NNMS ECN’s Quote/Order quotes/orders at the same price level in at the inside that elected to enter three has been zeroed out or if the ECN has SuperMontage: separate bid quotes/orders at the same been placed into excused withdrawal as ECN Quote (#1)—1000 shares @ 20.00 price level in SuperMontage: described in subparagraphs (b)(1)(C)(i) ECN Order (#2)—500 shares @ 20.00 ECN Quote (#1)—1000 shares @ 20.00 and (ii) of this rule, the system will ECN Order (#3)—300 shares @ 20.00 ECN Order (#2)—500 shares @ 20.00 continue to access the ECN’s Non- The inside aggregated bid shows 1800 Attributable Quotes/Orders that are in shares @ 20.00. ECN Order (#3) 300 shares @ 20.00 the NNMS, as described in rule 4707 1. SuperMontage receives an 800 The inside aggregated bid shows 1800 and subparagraph (b) of this rule. share market sell order. shares @ 20.00. * * * * * 2. In response, SuperMontage sends 1. SuperMontage receives an 800 an 800 share order to ECN Quote (#1). share market sell order. II. Self-Regulatory Organization’s Upon dispatch, SuperMontage 2. In response, SuperMontage sends Statement of the Purpose of, and decrements ECN Quote (#1) by the an 800 share delivery to ECN Quote Statutory Basis for, the Proposed Rule amount of the delivery (800 shares) (#1). Upon dispatch, SuperMontage Change leaving a display quote of 1000 shares decrements ECN Quote (#1) by the In its filing with the Commission, (including 200 shares in ECN Quote amount of the delivery (800 shares) Nasdaq included statements concerning (#1)) that remains available for the purpose of, and basis for, the execution. leaving a display quote of 1000 shares proposed rule change and discussed any 3. The ECN declines to execute the in ECN Quote (#1) that remains comments it received on the proposed 800 share order delivered to ECN Quote available for execution. rule change. The text of these statements (#1), and does not immediately transmit 3. The ECN declines to execute the may be examined at the places specified a revised Attributable Quote/Order at an 800 share delivery to ECN Quote (#1). in item IV below. Nasdaq has prepared inferior price. 4. If not executed against by a summaries, set forth in sections A, B, 4. If not yet executed against by a subsequent incoming order, the ECN’s and C below, of the most significant subsequent incoming order, the ECN’s decline results only in the removal of aspects of such statements. decline results in the removal of ECN ECN Quote (#1), i.e., the 800 shares Quote (#1) (i.e., the 800 shares originally originally decremented and the 200 A. Self-Regulatory Organization’s decremented and the 200 share share remainder of ECN Quote (#1). Statement of the Purpose of, and remainder of ECN Quote (#1)), and Orders (#2) and (#3) remain in the Statutory Basis for, the Proposed Rule Orders (#2) and (#3) from the system. system and continue to be eligible for Change 5. The inside moves to the next best execution. 1. Purpose bid less than 20.00 and the system 5. The system reallocates the 800 Currently, the rules of the reallocates the 800 shares from the shares from the incoming order in Step SuperMontage provide that if an NNMS incoming order received in Step 1. 1 against ECN orders (#2) and (#3) In response to concerns raised by Order Delivery ECN declines,5 partially before moving, if necessary, to the next some NNMS Order Delivery ECNs that fills, or fails to respond within 30 best bid. the above quote decrementation method seconds to a non-directed order In short, only individual Quotes/ disadvantages Quotes/Orders entered by delivered to it by the system, without Orders are removed in full by a decline, them that would otherwise be executed immediately transmitting a revised partial-fill, or a time-out where no but for the elimination of all the ECN’s Attributable Quote/Order at an inferior revised Attributable Quote/Order is trading interest on the same side of the price, NNMS will zero out all the immediately transmitted at an inferior market at the declined price level, 8 Quotes/Orders of that ECN on the same price; not all trading interest at the Nasdaq has determined to modify the side of the market at the price level of declined price level or better. Other SuperMontage quote/order reduction the declined order or better.6 This ECN Quotes/Orders at a particular price process. Under the new approach to processing was incorporated into level that are not part of a ECN quote/order decrementation after a SuperMontage to ameliorate locked or SuperMontage delivery resulting in a decline, partial-fill, or time-out, will no crossed markets 7 that had previously decline or a time-out are retained in the longer result in an ECN’s entire trading occurred in Nasdaq when ECNs system and remain available for interest at the declined price level or declined to trade with other market execution and are not traded through. better being removed from the system. participants, usually based on a dispute Nasdaq notes that nothing in this new Instead, SuperMontage will only remove over the imposition, or the amount, of processing of Order Delivery ECN the total amount of each individual an ECN’s quote-access fee. The Quotes/Orders after declines, partial- quote(s)/order(s) to which the orders following example illustrates how the fills, or time-outs allows the creation of were delivered by SuperMontage. That quote/order reduction process currently a locked or crossed market during the is, SuperMontage will remove in their trading day in SuperMontage. As such, 5 entirety only those Quotes/Orders with An ECN’s decline to a delivered order must be Nasdaq believes that the above approach the result of an access fee-dispute, or otherwise be which the system attempts to trade with draws an appropriate balance between permitted under the SEC Firm Quote rule. NASD an order delivery ECN, but fails to do its need to ensure the smooth operation Regulation surveils for violations of the Firm Quote because of a decline, partial fill, or time- rule. of its market and the desire of NNMS 6 out. The following example illustrates Nasdaq notes that it recently filed a proposed Order Delivery ECNs to maximize the rule change to reduce the maximum 30-second potential for execution for Quotes/ response time to a 7 second response time. See 8 For example, Nasdaq notes the concern that the Securities Exchange Act Release No. 34–47883 removal of all the ECN’s trading interest at the Orders they submit to NNMS. (May 16, 2003), 68 FR 28312 (May 23, 2003) (Notice declined price level may prevent other Quotes/ of File No. NASD–2003–72). Orders that did not specifically decline a delivery 2. Statutory Basis 7 See Securities Exchange Act Release No. 34– from SuperMontage from potentially executing with 43863 (January 19, 2001), 66 FR 8020 (January 26, market participants that have arrangements with the Nasdaq believes that the proposed 2001). ECN to pay an access fee. rule change is consistent with the

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provisions of section 15A of the Act,9 in proposed rule change between the Third Street, SW., Washington, DC general and with section 15A(b)(6) of Commission and any person, other than 20416. the Act,10 in particular, in that the those that may be withheld from the A copy of this notice shall be proposal is designed to promote just and public in accordance with the published, in accordance with § 107.730 equitable principles of trade, foster provisions of 5 U.S.C. 552, will be (g), in the Federal Register by SBA. cooperation and coordination with available for inspection and copying in Dated: June 6, 2003. persons engaged in regulating, clearing, the Commission’s Public Reference Jeffrey D. Pierson, settling, processing information with Room. Copies of such filing will also be Associate Administrator for Investment. respect to, and facilitating transactions available for inspection and copying at [FR Doc. 03–14854 Filed 6–11–03; 8:45 am] in securities, to remove impediments to the principal office of the NASD. All and perfect the mechanism of a free and submissions should refer to File No. BILLING CODE 8025–01–P open market and a national market SR–NASD–2003–81 and should be system, and, in general, to protect submitted by July 3, 2003. SMALL BUSINESS ADMINISTRATION investors and the public interest. For the Commission, by the Division of [Declaration of Disaster #3496, Amdt. 3] B. Self-Regulatory Organization’s Market Regulation, pursuant to delegated 11 Statement on Burden on Competition authority. State of Kansas J. Lynn Taylor, Nasdaq does not believe that the Assistant Secretary. In accordance with notices received proposed rule change will result in any [FR Doc. 03–14830 Filed 6–11–03; 8:45 am] from the Department of Homeland burden on competition that is not Security—Federal Emergency BILLING CODE 8010–01–P necessary or appropriate in furtherance Management Agency, effective May 30 of the purposes of the Act. and June 2, 2003, the above numbered C. Self-Regulatory Organization’s declaration is hereby amended to SMALL BUSINESS ADMINISTRATION Statement on Comments on the establish the incident period for this disaster as beginning on May 4, 2003, Proposed Rule Change Received From [License No. 02/72–0623] Members, Participants or Others and continuing through May 30, 2003. Zon Capital Partners, L.P.; Notice This declaration is also amended to Written comments were neither include Allen County in the State of solicited nor received. Seeking Exemption Under Section 312 of the Small Business Investment Act, Kansas as a disaster area due to damages III. Date of Effectiveness of the Conflicts of Interest caused by severe storms, tornadoes and Proposed Rule Change and Timing for flooding occurring on May 4, 2003, and Commission Action Notice is hereby given that Zon continuing through May 30, 2003. Capital Partners, L.P. (‘‘Zon’’), 5 Vaughn All other counties contiguous to the Within 35 days of the date of Drive, Suite 104, Princeton, New Jersey above named primary county have been publication of this notice in the Federal 08540, a Federal Licensee under the previously declared. Register or within such longer period (i) Small Business Investment Act of 1958, All other information remains the as the Commission may designate up to as amended (‘‘the Act’’), in connection same, i.e., the deadline for filing 90 days of such date if it finds such with the proposed financing of a small applications for physical damage is July longer period to be appropriate and concern is seeking an exemption under 7, 2003, and for economic injury the publishes its reasons for so finding or section 312 of the Act and § 107.730, deadline is February 6, 2004. (ii) as to which the self-regulatory Financings which Constitute Conflicts organization consents, the Commission (Catalog of Federal Domestic Assistance of Interest of the Small Business Program Nos. 59002 and 59008) will: A. By order approve such proposed Administration (‘‘SBA’’) Rules and Dated: June 4, 2003. rule change, or Regulations (13 CFR 107.730 (2002)). Herbert L. Mitchell, Zon proposes to provide equity B. Institute proceedings to determine Associate Administrator for Disaster whether the proposed rule change financing to HR Technologies, 2700 Assistance. Westchester Avenue, Purchase, New should be disapproved. [FR Doc. 03–14853 Filed 6–11–03; 8:45 am] York 10577. The financing is IV. Solicitation of Comments contemplated for funding growth and BILLING CODE 8025–01–P Interested persons are invited to acquisitions. submit written data, views, and The financing is brought within the SMALL BUSINESS ADMINISTRATION arguments concerning the foregoing, purview of § 107.730(a)(1) of the [Declaration of Disaster #3508] including whether the proposed rule Regulations because Early Stage Enterprises L.P., an Associate of Zon, change, as amended, is consistent with Commonwealth of Kentucky the Act. Persons making written owns greater than 10 percent of HRT submissions should file six copies and therefore HRT is considered an As a result of the President’s major thereof with the Secretary, Securities Associate of Zon as defined in § 107.50 disaster declaration on June 3, 2003, I and Exchange Commission, 450 Fifth of the Regulations. find that Anderson, Boyd, Breckinridge, Street, NW., Washington, DC 20549– Notice is hereby given that any Boyle, Bullitt, Caldwell, Carter, 0609. Copies of the submission, all interested person may, not later than Crittenden, Elliott, Fleming, Garrard, subsequent amendments, all written fifteen (15) days from the date of Grayson, Greenup, Hardin, Hart, statements with respect to the proposed publication of this notice, submit Henderson, Hopkins, Jefferson, rule change that are filed with the written comments on the proposed Jessamine, Larue, Lewis, Lawrence, Commission, and all written transaction to the Associate Mason, McLean, Meade, Mercer, communications relating to the Administrator for Investment, U.S. Nelson, Rowan, Union, Washington, Small Business Administration, 409 Webster and Woodford Counties in the 9 15 U.S.C. 78o–3. Commonwealth of Kentucky constitute 10 15 U.S.C. 78o–3(6). 11 17 CFR 200.30–3(a)(12). a disaster area due to damages caused

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by severe storms, flooding, mud and Dated: June 4, 2003. FOR FURTHER INFORMATION CONTACT: rock slides, and tornadoes occurring on Herbert L. Mitchell, Meghan G. Ludtke, FTA Office of Chief May 4 through May 27, 2003. Associate Administrator for Disaster Counsel, Room 9316, (202) 366–1936 Applications for loans for physical Assistance. (telephone) or (202) 366–3809 (fax). damage as a result of this disaster may [FR Doc. 03–14855 Filed 6–11–03; 8:45 am] SUPPLEMENTARY INFORMATION: See be filed until the close of business on BILLING CODE 8025–01–P waivers below. August 4, 2003, and for economic injury Issued: June 9, 2003. until the close of business on March 3, Jennifer L. Dorn, SMALL BUSINESS ADMINISTRATION 2004, at the address listed below or Administrator. other locally announced locations: U.S. Advisory Committee on Veterans April 24, 2003. Small Business Administration, Disaster Business Affairs; Public Meeting Area 2 Office, One Baltimore Place, Mr. Paul Smith, The U.S. Small Business Vice President, Sales and Marketing, New Suite 300, Atlanta, GA 30308. Flyer of America, 711 Kerneghan Avenue, In addition, applications for economic Administration (SBA), pursuant to the Winnipeg, Manitoba, Canada R2C 3T4. Veterans Entrepreneurship and Small injury loans from small businesses Mr. Smith: This letter responds to your Business Development Act of 1999 (Pub. located in the following contiguous correspondence of March 24, 2003, in which L. 106–50), will be hosting the second counties may be filed until the specified New Flyer of America (New Flyer) requests meeting of the Advisory Committee on a non-availability waiver of the Buy America date at the above location: Barren, Bath, Veterans Business Affairs. The meeting requirements for the procurement of the Bracken, Butler, Casey, Christian, will be held at 409 3rd Street, SW., Hubner Manufacturing Corporation (Hubner) Daviess, Edmonson, Fayette, Franklin, Washington, DC 20416, on Tuesday, articulated joint system for New Flyer’s low Green, Hancock, Johnson, Lincoln, June 24, 2003, from 9 a.m. to 5 p.m. and floor buses. The Federal Transit Administration’s Livingston, Lyon, Madison, Marion, on Wednesday, June 25, 2003, from 9 Martin, Menifee, Metcalfe, Morgan, (FTA) requirements concerning domestic a.m. to 12 p.m. preference for federally funded transit Muhlenberg, Nicholas, Ohio, Oldham, If you have any questions or concerns projects are set forth in 49 U.S.C. 5323(j). Robertson, Rockcastle, Scott, Shelby, regarding the meeting, please contact Section 5323(j)(2)(C) addresses the general Spencer, Taylor and Trigg in the Ms. Cheryl Clark in the Office of requirements for the procurement of rolling Commonwealth of Kentucky; Adams, Veterans Business Development (OVBD) stock. This section provides that all rolling Brown, Lawrence and Scioto counties in at (202) 619–1697. stock procured with FTA funds must have a the State of Ohio; Gallatin and Hardin domestic content of at least 60 percent and Candace H. Stoltz, must undergo final assembly in the U.S. You counties in the State of Illinois; Clark, Director of Advisory Councils, Office of request a waiver under 49 U.S.C. Crawford, Floyd, Harrison, Perry, Posey, Communications. 5323(j)(2)(B), which states the Buy America Spencer, Vanderburgh and Warrick [FR Doc. 03–14852 Filed 6–11–03; 8:45 am] requirements shall not apply if the item or counties in the State of Indiana; and items are not produced in the U.S. in BILLING CODE 8025–01–P Wayne county in the State of West sufficient and reasonably available quantities Virginia. or are not of a satisfactory quality. The implementing regulation provides that non- The interest rates are: DEPARTMENT OF TRANSPORTATION availability waivers may be granted for a component of rolling stock. 49 CFR 661.7(f). Percent Federal Transit Administration FTA post a summary of this waiver request on its website and requested comment. We For Physical Damage: Notice of Granted Buy America received four comments, one against and Homeowners with credit Waivers three in favor of granting the waiver.1 The available elsewhere ...... 5.625 comment against the waiver argues that the Homeowners without credit AGENCY: Federal Transit Administration Buy America rules for rolling stock already available elsewhere ...... 2.812 (FTA), DOT. allow a waiver of up to forty percent foreign content, and when a component is Businesses with credit avail- ACTION: Notice of granted Buy America unavailable from a domestic source, the able elsewhere ...... 5.906 waiver. vehicle maker should use part of its allotted Businesses and non-profit or- foreign content. However, as noted above, the SUMMARY: ganizations without credit The following waivers allow regulation currently allows component available elsewhere ...... 2.953 New Flyer of America and the North waivers for rolling stock when the product is Others (including non-profit American Bus Industries (NABI) to not available from a domestic source. FTA organizations) with credit count a foreign-manufactured received no comments indicating that these available elsewhere ...... 5.500 articulating joint system used in low articulating joint systems are available from For Economic Injury: and standard floor bus as a domestic a U.S. source. Businesses and small agricul- component for purposes of calculating Based on a thorough review of the tural cooperatives without the aggregate domestic content of the industry, FTA previously granted a two-year credit available elsewhere 2.953 non-availability waiver to Newflyer for this vehicle and was predicated on the non- articulated joint system on April 24, 2001. availability of the item in the domestic You state that the circumstances The number assigned to this disaster market. The New Flyer waiver was necessitating the current waiver remain for physical damage is 350811. For granted on April 24, 2003, and the NABI unchanged and in the near term, New Flyer economic injury the number is 9V7500 waiver on May 9, 2003. For reasons must still use the Hubner joint, which is still for Kentucky; 9V7600 for Ohio; 9V7700 discussed in the text of the waivers, not available from a domestic source. for Illinois; 9V7800 for Indiana; and both expire on July 1, 2004. This notice In response to the original waiver, FTA 9V7900 for West Virginia. shall insure that the public is aware of received a comment from a U.S. bellows the waivers. FTA requests that the (Catalog of Federal Domestic Assistance 1 The comment against the waiver was from Gillig Program Nos. 59002 and 59008) public notify it of any relevant changes Corporation. The comments in favor of the waiver in the domestic articulating joint were from CAPtech, Inc., North American Bus market. Industries, and Hubner Manufacturing.

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manufacturer, A&A Manufacturing, must undergo final assembly in the U.S. You Deputy Chief Counsel. expressing concern that because the request a waiver under 49 U.S.C. [FR Doc. 03–14888 Filed 6–11–03; 8:45 am] articulated joint system is made of separate 5323(j)(2)(B), which states the Buy America BILLING CODE 4910–57–M subcomponents that could be supplied requirements shall not apply if the item or separately by different manufacturers, the items are not produced in the U.S. in waiver effectively prevented A&A from sufficient and reasonably available quantities DEPARTMENT OF TRANSPORTATION selling its product, the bellows, to New or are not of a satisfactory quality. The Flyer’s response stated that in the low floor implementing regulation provides that non- Maritime Administration bus, the articulated joints are purchased as an availability waivers may be granted for a entire unit and any changes or integration of component of rolling stock. 49 CFR 661.7(f). [Docket Number: MARAD–2003–15377] a subcomponent, such as new bellows, FTA posted a request for comments and would require sufficient time to design, received one comment against the waiver. Requested Administrative Waiver of integrate and test. Gillig Corporation argues that the Buy the Coastwise Trade Laws On January 17, 2001, FTA directed America rules for rolling stock already allow Newflyer to work with domestic suppliers for a waiver of up to forty percent foreign AGENCY: Maritime Administration, these parts to develop alternative sources. We content, and when a component is Department of Transportation. noted that this good faith effort to qualify unavailable from a domestic source, the ACTION: Invitation for public comments new domestic suppliers would be considered vehicle maker should use part of its allotted should New Flyer request a renewal of the on a requested administrative waiver of foreign content. However, as noted above, the waiver. Newflyer now informs FTA that it the Coastwise Trade Laws for the vessel regulation currently allows component plans to install an articulated joint, utilizing AMMERSEE. waivers for rolling stock when the product is A&A’s bellows and manufactured by a not available from a domestic source. FTA domestic manufacturer, in August 2003. The SUMMARY: As authorized by Pub. L. 105– requisite testing should be completed by received no comments indicating that these 383 and Pub. L. 107–295, the Secretary April 2004. FTA has also been advised by articulating joint systems are available from of Transportation, as represented by the Hubner Manufacturing, that it plans to a U.S. source. We received two comments in Maritime Administration (MARAD), is relocate the entire articulation systems favor of the waiver, one from Hubner, the authorized to grant waivers of the U.S.- subject joint manufacturer, and the other manufacturing process from Germany to build requirement of the coastwise laws South Carolina by the end of 2003. from CAPtech, Inc., which argues that allowing foreign manufacturers into the under certain circumstances. A request Based on the information you have for such a waiver has been received by provided, I have determined that the grounds market place will result in better U.S. for a non-availability waiver still exist. products. MARAD. The vessel, and a brief Therefore, pursuant to the provisions of 49 FTA issued a similar waiver to New Flyer description of the proposed service, is U.S.C. 5323(j)(2)(B), a waiver is granted for of America on April 24, 2001, which was listed below. The complete application the procurement of Hubner’s articulated joint valid until April 24, 2003. Based in part on is given in DOT docket 2003–15377 at system for New Flyer low floor buses until the waiver issued to New Flyer in 2001, http://dms.dot.gov. Interested parties June 30, 2004, as requested. The waiver will NABI requested a similar waiver on August may comment on the effect this action allow time for Hubner’s relocation to the U.S. 9, 2002. In grating NABI’s waiver, we wrote may have on U.S. vessel builders or and completion of necessary testing for the ‘‘we will grant this waiver to NABI for all businesses in the U.S. that use U.S.-flag solicitations responded to until April 24, alternate U.S. joint system. In order to insure vessels. If MARAD determines, in that the public is aware of this waiver, 2003, which is when New Flyer’s waiver particularly potential manufacturers, this expires. We will then evaluate the situation accordance with Pub. L. 105–383 and waiver will be published in the Federal with respect to all vehicle and articulating MARAD’s regulations at 46 CFR part Register. joint manufacturers.’’ New Flyer and NABI 388 (68 FR 23084; April 30, 2003), that If you have any questions, please contact have both requested a renewal of this waiver the issuance of the waiver will have an Meghan G. Ludtke at (202) 366–1935. and on April 24, 2003, FTA issued another unduly adverse effect on a U.S.-vessel Very truly yours, waiver to New Flyer. builder or a business that uses U.S.-flag Gregory B. McBride, You state that the circumstances vessels in that business, a waiver will Deputy Chief Counsel. necessitating the current waiver remain not be granted. Comments should refer May 9, 2003. unchanged and in the near term, NABI must to the docket number of this notice and Mr. Bill Coryell, still use the Hubner joint, which is still not the vessel name in order for MARAD to Vice President, Marketing and Sales, North available from a domestic source. FTA has been advised by Hubner Manufacturing that properly consider the comments. American Bus Industries, Inc., 20350 Comments should also state the Ventura Blvd., Suite 205, Woodland Hills, it plans to relocate the entire articulation California 91364. systems manufacturing process from commenter’s interest in the waiver application, and address the waiver Dear Mr. Coryell: This letter responds to Germany to South Carolina by the end of your correspondence of April 22, 2003, in 2003. Based on a review of the industry and criteria given in § 388.4 of MARAD’s which North American Bus Industries, Inc. the information provided by New Flyer, regulations at 46 CFR part 388. (NABI) requests a non-availability waiver of NABI, and Hubner, I have determined that DATES: Submit comments on or before the grounds for a non-availability waiver still the Buy America requirements for the July 14, 2003. procurement of the Hubner Manufacturing exist. Therefore, pursuant to the provisions of 49 U.S.C. 5323(j)(2)(B), and consistent with ADDRESSES: Comments should refer to Corporation (Hubner) articulated joint system docket number MARAD–2003–15377. for use in NABI’s low floor and standard the waiver issued to New Flyer on April 24, floor articulated buses. The system is 2003, a waiver is granted for the procurement Written comments may be submitted by comprised of a mechanical articulating joint of Hubner’s articulated joint system for hand or by mail to the Docket Clerk, incorporating an electronically controlled, NABI’s low floor and standard buses until U.S. DOT Dockets, Room PL–401, hydraulic damping subsystem. June 30, 2004. This waiver will allow time Department of Transportation, 400 7th The Federal Transit Administration’s for Hubner’s relocation to the U.S. In order St., SW., Washington, DC 20590–0001. to insure that the public is aware of this (FTA) requirements concerning domestic You may also send comments preference for federally funded transit waiver, particularly potential manufacturers, this waiver will be published in the Federal electronically via the Internet at http:// projects are set forth in 49 U.S.C. 5323(j). dmses.dot.gov/submit/. All comments Section 5323(j)(2)(C) addresses the general Register. requirements for the procurement of rolling If you have any questions, please contact will become part of this docket and will stock. This section provides that all rolling Meghan G. Ludtke at (202) 366–1936. be available for inspection and copying stock procured with FTA funds must have a Very Truly yours, at the above address between 10 a.m. domestic content of at least 60 percent and Gregory B. McBride, and 5 p.m., E.T., Monday through

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Friday, except federal holidays. An for MARAD to properly consider the SUMMARY: As authorized by Pub. L. 105– electronic version of this document and comments. Comments should also state 383 and Pub. L. 107–295, the Secretary all documents entered into this docket the commenter’s interest in the waiver of Transportation, as represented by the is available on the World Wide Web at application, and address the waiver Maritime Administration (MARAD), is http://dms.dot.gov. criteria given in § 388.4 of MARAD’s authorized to grant waivers of the U.S.- FOR FURTHER INFORMATION CONTACT: regulations at 46 CFR part 388. build requirement of the coastwise laws Michael Hokana, U.S. Department of DATES: Submit comments on or before under certain circumstances. A request Transportation, Maritime July 14, 2003. for such a waiver has been received by Administration, MAR–830 Room 7201, ADDRESSES: Comments should refer to MARAD. The vessel, and a brief 400 Seventh Street, SW., Washington, docket number MARAD–2003–15378. description of the proposed service, is DC 20590. Telephone 202–366–0760. Written comments may be submitted by listed below. The complete application is given in DOT docket 2003–15375 at SUPPLEMENTARY INFORMATION: As hand or by mail to the Docket Clerk, described by the applicant the intended U.S. DOT Dockets, Room PL–401, http://dms.dot.gov. Interested parties service of the vessel AMMERSEE is: Department of Transportation, 400 7th may comment on the effect this action Intended Use: ‘‘Short cruises with St., SW., Washington, DC 20590–0001. may have on U.S. vessel builders or campers.’’ You may also send comments businesses in the U.S. that use U.S.-flag Geographic Region: ‘‘Maine Coast.’’ electronically via the Internet at http:// vessels. If MARAD determines, in accordance with Pub. L. 105–383 and Dated: June 6, 2003. dmses.dot.gov/submit/. All comments will become part of this docket and will MARAD’s regulations at 46 CFR part By order of the Maritime Administrator. 388 (68 FR 23084; April 30, 2003), that Joel C. Richard, be available for inspection and copying at the above address between 10 a.m. the issuance of the waiver will have an Secretary, Maritime Administration. and 5 p.m., E.T., Monday through unduly adverse effect on a U.S.-vessel [FR Doc. 03–14834 Filed 6–11–03; 8:45 am] Friday, except federal holidays. An builder or a business that uses U.S.-flag BILLING CODE 4910–81–P electronic version of this document and vessels in that business, a waiver will all documents entered into this docket not be granted. Comments should refer to the docket number of this notice and DEPARTMENT OF TRANSPORTATION is available on the World Wide Web at http://dms.dot.gov. the vessel name in order for MARAD to properly consider the comments. Maritime Administration FOR FURTHER INFORMATION CONTACT: Comments should also state the Michael Hokana, U.S. Department of [Docket Number: MARAD–2003–15378] commenter’s interest in the waiver Transportation, Maritime application, and address the waiver Requested Administrative Waiver of Administration, MAR–830 Room 7201, criteria given in § 388.4 of MARAD’s the Coastwise Trade Laws 400 Seventh Street, SW., Washington, regulations at 46 CFR part 388. DC 20590. Telephone 202–366–0760. AGENCY: DATES: Submit comments on or before Maritime Administration, SUPPLEMENTARY INFORMATION: As Department of Transportation. described by the applicant the intended July 14, 2003. ACTION: Invitation for public comments service of the vessel Bristol Goose is: ADDRESSES: Comments should refer to on a requested administrative waiver of Intended Use: ‘‘Captained cruises docket number MARAD–2003–15375. the Coastwise Trade Laws for the vessel from Baltimore on the Chesapeake Bay Written comments may be submitted by BRISTOL GOOSE. and its tributaries, lasting a week or less. hand or by mail to the Docket Clerk, U.S. DOT Dockets, Room PL–401, SUMMARY: As authorized by Public Law Vessel will not carry more than 6 105–383 and Public Law 107–295, the passengers at a time.’’ Department of Transportation, 400 7th Secretary of Transportation, as Geographic Region: ‘‘Chesapeake Bay St., SW., Washington, DC 20590–0001. represented by the Maritime and its tributaries; Maryland waters You may also send comments Administration (MARAD), is authorized only.’’ electronically via the Internet at http:// to grant waivers of the U.S.-build Dated: June 6, 2003. dmses.dot.gov/submit/. All comments will become part of this docket and will requirement of the coastwise laws under By order of the Maritime Administrator. be available for inspection and copying certain circumstances. A request for Joel C. Richard, at the above address between 10 a.m. such a waiver has been received by Secretary, Maritime Administration. MARAD. The vessel, and a brief and 5 p.m., E.T., Monday through [FR Doc. 03–14835 Filed 6–11–03; 8:45 am] Friday, except federal holidays. An description of the proposed service, is BILLING CODE 4910–81–P listed below. The complete application electronic version of this document and is given in DOT docket 2003–15378 at all documents entered into this docket is available on the World Wide Web at http://dms.dot.gov. Interested parties DEPARTMENT OF TRANSPORTATION may comment on the effect this action http://dms.dot.gov. may have on U.S. vessel builders or Maritime Administration FOR FURTHER INFORMATION CONTACT: businesses in the U.S. that use U.S.-flag Michael Hokana, U.S. Department of vessels. If MARAD determines, in [Docket Number: MARAD–2003–15375] Transportation, Maritime accordance with Public Law 105–383 Administration, MAR–830 Room 7201, and MARAD’s regulations at 46 CFR Requested Administrative Waiver of 400 Seventh Street, SW., Washington, part 388 (68 FR 23084; April 30, 2003), the Coastwise Trade Laws DC 20590. Telephone 202–366–0760. that the issuance of the waiver will have AGENCY: Maritime Administration, SUPPLEMENTARY INFORMATION: As an unduly adverse effect on a U.S.- Department of Transportation. described by the applicant the intended vessel builder or a business that uses ACTION: Invitation for public comments service of the vessel Osceola is: U.S.-flag vessels in that business, a on a requested administrative waiver of Intended use: ‘‘6 pack charters.’’ waiver will not be granted. Comments the Coastwise Trade Laws for the vessel should refer to the docket number of Geographic Region: ‘‘Florida.’’ OSCEOLA. this notice and the vessel name in order Dated: June 6, 2003.

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By order of the Maritime Administrator. be available for inspection and copying not be granted. Comments should refer Joel C. Richard, at the above address between 10 a.m. to the docket number of this notice and Secretary, Maritime Administration. and 5 p.m., E.T., Monday through the vessel name in order for MARAD to [FR Doc. 03–14832 Filed 6–11–03; 8:45 am] Friday, except federal holidays. An properly consider the comments. BILLING CODE 4910–81–P electronic version of this document and Comments should also state the all documents entered into this docket commenter’s interest in the waiver is available on the World Wide Web at application, and address the waiver DEPARTMENT OF TRANSPORTATION http://dms.dot.gov. criteria given in § 388.4 of MARAD’s FOR FURTHER INFORMATION CONTACT: regulations at 46 CFR part 388. Maritime Administration Michael Hokana, U.S. Department of DATES: Submit comments on or before [Docket Number: MARAD–2003–15379] Transportation, Maritime July 14, 2003. Administration, MAR–830 Room 7201, ADDRESSES: Comments should refer to Requested Administrative Waiver of 400 Seventh Street, SW., Washington, docket number MARAD–2003–15376. the Coastwise Trade Laws DC 20590. Telephone 202–366–0760. Written comments may be submitted by SUPPLEMENTARY INFORMATION: As hand or by mail to the Docket Clerk, AGENCY: Maritime Administration, described by the applicant the intended U.S. DOT Dockets, Room PL–401, Department of Transportation. service of the vessel Raven is: Department of Transportation, 400 7th ACTION: Invitation for public comments Intended Use: ‘‘Recreational St., SW., Washington, DC 20590–0001. on a requested administrative waiver of sightseeing and kayak trip support.’’ You may also send comments the Coastwise Trade Laws for the vessel Geographic Region: ‘‘Prince William electronically via the Internet at http:// RAVEN. Sound and Blying Sound, Alaska.’’ dmses.dot.gov/submit/. All comments will become part of this docket and will SUMMARY: Dated: June 6, 2003. As authorized by Pub. L. 105– be available for inspection and copying 383 and Pub. L. 107–295, the Secretary By order of the Maritime Administrator. Joel C. Richard, at the above address between 10 a.m. of Transportation, as represented by the and 5 p.m., E.T., Monday through Secretary, Maritime Administration. Maritime Administration (MARAD), is Friday, except Federal holidays. An authorized to grant waivers of the U.S.- [FR Doc. 03–14836 Filed 6–11–03; 8:45 am] electronic version of this document and build requirement of the coastwise laws BILLING CODE 4910–81–P all documents entered into this docket under certain circumstances. A request is available on the World Wide Web at for such a waiver has been received by http://dms.dot.gov. MARAD. The vessel, and a brief DEPARTMENT OF TRANSPORTATION FOR FURTHER INFORMATION CONTACT: description of the proposed service, is listed below. The complete application Maritime Administration Michael Hokana, U.S. Department of Transportation, Maritime is given in DOT docket 2003–15379 at [Docket Number: MARAD–2003–15376] http://dms.dot.gov. Interested parties Administration, MAR–830 Room 7201, may comment on the effect this action Requested Administrative Waiver of 400 7th St., SW., Washington, DC may have on U.S. vessel builders or the Coastwise Trade Laws 20590. Telephone 202–366–0760. businesses in the U.S. that use U.S.-flag SUPPLEMENTARY INFORMATION: As AGENCY: vessels. If MARAD determines, in Maritime Administration, described by the applicant the intended accordance with Pub. L. 105–383 and Department of Transportation. service of the vessel VOYAGER is: MARAD’s regulations at 46 CFR part ACTION: Invitation for public comments Intended Use: ‘‘Occasional Charter.’’ Geographic Region: ‘‘US West Coast, 388 (68 FR 23084; April 30, 2003), that on a requested administrative waiver of including Mexico and Canada.’’ the issuance of the waiver will have an the Coastwise Trade Laws for the vessel unduly adverse effect on a U.S.-vessel VOYAGER. Dated: June 6, 2003. By order of the Maritime Administrator. builder or a business that uses U.S.-flag SUMMARY: As authorized by Pub. L. 105– vessels in that business, a waiver will 383 and Pub. L. 107–295, the Secretary Joel C. Richard, not be granted. Comments should refer of Transportation, as represented by the Secretary, Maritime Administration. to the docket number of this notice and Maritime Administration (MARAD), is [FR Doc. 03–14833 Filed 6–11–03; 8:45 am] the vessel name in order for MARAD to authorized to grant waivers of the U.S.- BILLING CODE 4910–81–P properly consider the comments. build requirement of the coastwise laws Comments should also state the under certain circumstances. A request commenter’s interest in the waiver for such a waiver has been received by DEPARTMENT OF TRANSPORTATION application, and address the waiver MARAD. The vessel, and a brief Maritime Administration criteria given in § 388.4 of MARAD’s description of the proposed service, is regulations at 46 CFR part 388. listed below. The complete application [Docket Number: MARAD–2003–15374] DATES: Submit comments on or before is given in DOT docket 2003–15376 at July 14, 2003. http://dms.dot.gov. Interested parties Requested Administrative Waiver of ADDRESSES: Comments should refer to may comment on the effect this action the Coastwise Trade Laws docket number MARAD–2003–15379. may have on U.S. vessel builders or AGENCY: Maritime Administration, Written comments may be submitted by businesses in the U.S. that use U.S.-flag Department of Transportation. hand or by mail to the Docket Clerk, vessels. If MARAD determines, in ACTION: Invitation for public comments U.S. DOT Dockets, Room PL–401, accordance with Pub. L. 105–383 and on a requested administrative waiver of Department of Transportation, 400 7th MARAD’s regulations at 46 CFR part the Coastwise Trade Laws for the vessel St., SW., Washington, DC 20590–0001. 388 (68 FR 23084; April 30, 2003), that VOYAGER. You may also send comments the issuance of the waiver will have an electronically via the Internet at http:// unduly adverse effect on a U.S.-vessel SUMMARY: As authorized by Pub. L. 105– dmses.dot.gov/submit/. All comments builder or a business that uses U.S.-flag 383 and Pub. L. 107–295, the Secretary will become part of this docket and will vessels in that business, a waiver will of Transportation, as represented by the

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Maritime Administration (MARAD), is By order of the Maritime Administrator. describing what must be included in authorized to grant waivers of the U.S.- Joel C. Richard, such a document. Under OMB’s build requirement of the coastwise laws Secretary, Maritime Administration. regulations (at 5 CFR 1320.8(d)), an under certain circumstances. A request [FR Doc. 03–14837 Filed 6–11–03; 8:45 am] agency must ask for public comment on for such a waiver has been received by BILLING CODE 4910–81–P the following: MARAD. The vessel, and a brief (i) Whether the proposed collection of description of the proposed service, is information is necessary for the proper listed below. The complete application DEPARTMENT OF TRANSPORTATION performance of the functions of the is given in DOT docket 2003–15374 at agency, including whether the http://dms.dot.gov. Interested parties National Highway Traffic Safety information will have practical utility; may comment on the effect this action Administration (ii) The accuracy of the agency’s estimate of the burden of the proposed may have on U.S. vessel builders or [U.S. DOT Docket Number NHTSA–2003– businesses in the U.S. that use U.S.-flag 15324] collection of information, including the vessels. If MARAD determines, in validity of the methods and accordance with Pub. L. 105–383 and Reports, Forms, and Record Keeping assumptions used; MARAD’s regulations at 46 CFR part Requirements (iii) How to enhance the quality, 388 (68 FR 23084; April 30, 2003), that utility, and clarity of the information to AGENCY: National Highway Traffic the issuance of the waiver will have an be collected; and Safety Administration (NHTSA), unduly adverse effect on a U.S.-vessel (iv) How to minimize the burden of Department of Transportation (DOT). builder or a business that uses U.S.-flag the collection of information on those vessels in that business, a waiver will ACTION: Request for public comment on who are to respond, including the use not be granted. Comments should refer proposed collection of information. of appropriate automated, electronic, to the docket number of this notice and mechanical, or other technological SUMMARY: Before a Federal agency can the vessel name in order for MARAD to collection techniques or other forms of collect certain information from the information technology, e.g., permitting properly consider the comments. public, it must receive approval from Comments should also state the electronic submission of responses. the Office of Management and Budget In response to these requirements, commenter’s interest in the waiver (OMB). Under procedures established NHTSA asks for public comment on the application, and address the waiver by the Paperwork Reduction Act of following proposed collection of criteria given in § 388.4 of MARAD’s 1995, before seeking OMB approval, information: regulations at 46 CFR part 388. Federal agencies must solicit public Title: National Survey of Drinking and DATES: Submit comments on or before comment on proposed information Driving Attitudes and Behavior July 14, 2003. collections, including extensions and OMB Clearance Number: None. reinstatements of previously approved Affected Public: Under this proposed ADDRESSES: Comments should refer to collections. This document describes collection, a telephone interview would docket number MARAD–2003–15374. one collection of information for which be administered to each of 6,000 Written comments may be submitted by NHTSA intends to seek OMB approval. randomly selected members of the hand or by mail to the Docket Clerk, DATES: Comments must be received on general public age 16 and older. The U.S. DOT Dockets, Room PL–401, or before August 11, 2003. respondent sample would be selected Department of Transportation, 400 7th from all 50 states plus the District of St., SW., Washington, DC 20590–0001. ADDRESSES: Comments must refer to the docket notice numbers cited at the Columbia. Interviews would be You may also send comments conducted with persons at residential electronically via the Internet at http:// beginning of this notice and be submitted to Docket Management, Room phone numbers selected using random dmses.dot.gov/submit/. All comments digit dialing. No more than one will become part of this docket and will PL–401, 400 Seventh Street, SW., Washington, DC 20590. Please identify respondent per household would be be available for inspection and copying selected, and each sample member at the above address between 10 a.m. the proposed collection of information for which a comment is provided, by would complete just one interview. and 5 p.m., E.T., Monday through Businesses are ineligible for the sample Friday, except federal holidays. An referencing its OMB clearance number. It is requested, but not required that 2 and would be not be interviewed. electronic version of this document and Form Number: This collection of copies of the comment be provided. The all documents entered into this docket information uses no standard forms. is available on the World Wide Web at Docket Section is open on weekdays Abstract: The National Highway http://dms.dot.gov. from 10 a.m. to 5 p.m. Traffic Safety Administration’s FOR FURTHER INFORMATION CONTACT: FOR FURTHER INFORMATION CONTACT: (NHTSA) has a central role in the Marvin M. Levy, Ph.D., NHTSA 400 national effort to reduce motor-vehicle Michael Hokana, U.S. Department of Seventh Street, SW., Room 6240, NTI– Transportation, Maritime related traffic injuries and deaths. After 131, Washington, DC 20590. Dr. Levy’s years of steady decline, the number of Administration, MAR–830 Room 7201, telephone number is (202) 366–5597. 400 Seventh Street, SW., Washington, alcohol-related fatalities in the U.S. SUPPLEMENTARY INFORMATION: Under the DC 20590. Telephone 202–366–0760. reversed direction and rose to 17,448 in Paperwork Reduction Act of 1995, 2001. The agency’s goal is to reduce the SUPPLEMENTARY INFORMATION: As before an agency submits a proposed rate of alcohol-related crashes from 0.63 described by the applicant the intended collection of information to OMB for to 0.53 crashes per 100 million vehicle service of the vessel Voyager is: approval, it must first publish a miles traveled by the end of 2003. Intended Use: ‘‘Charter party fishing document in the Federal Register In order to plan and evaluate boat.’’ providing for a 60-day comment period programs intended to reduce alcohol- and otherwise consult members of the impaired driving, NHTSA needs to Geographic Region: ‘‘Waters off the public and affected agencies concerning periodically update its knowledge and coast of North Carolina.’’ each proposed collection of information. understanding of the public’s attitudes Dated: June 6, 2003. The OMB has promulgated regulations and behaviors with respect to drinking

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and driving. NHTSA began measuring hours per year for the proposed study. seek to acquire and operate 87.7 miles the driving age public’s attitudes and The respondents would not incur any of rail line currently owned by behaviors regarding drinking and reporting or record keeping cost from Mississippi Tennessee Railnet, Inc. driving in 1991. The proposed study, to the information collection. MTH and MTR are currently owned be administered in the 3rd quarter of Number of Respondents: It is by CGX, a noncarrier holding company, 2003, and the seventh in this series of anticipated that the number of that owns three carriers: Crystal City biennial surveys, will collect data on respondents will be 6,000 persons age Railroad, Inc., Lone Star Railroad, Inc., topics included in the first six studies. 16 or older living in the United States. These topics include the frequency of Comments are invited on: whether the and Rio Valley Railroad, Inc. CGX also drinking and driving; ways to prevent proposed collection of information is owns Ironhorse, a noncarrier holding driving after drinking; respondents’ necessary for the proper performance of company, that owns four carriers: perceptions of enforcement of drinking the functions of the Department, Railroad Switching Service of Missouri, and driving laws, including the use of including whether the information will Texas Railroad Switching, Inc., Rio sobriety checkpoints; and crash and have practical utility; the accuracy of Valley Switching Company, and injury experience. the Department’s estimate of the burden Southern Switching Company. CGX is The survey will be administered by of the proposed information collection; owned by Mr. and Mrs. Cundiff, telephone to a national probability ways to enhance the quality, utility and noncarrier individuals. sample of the driving-age public (aged clarity of the information to be Applicants state that: (1) The railroads 16 years or older as of their last collected; and ways to minimize the do not connect with each other or any birthday). The interview is anticipated burden of the collection of information railroad in their corporate family; (2) the to average approximately 20 minutes: on respondents, including the use of For non-drinkers and non-drivers the continuance in control is not part of a automated collection techniques or series of anticipated transactions that interview will average below 20 other forms of information technology. minutes; while for drinker-drivers, it would connect the railroads with each will average slightly over 20 minutes. Marilena Amoni, other or any railroad in their corporate Interviewers will use a computer Associate Administrator for Program family; and (3) the transaction does not assisted telephone interviewing Development and Delivery, National Highway involve a Class I carrier. Therefore, the technique (CATI) for reducing survey Traffic Safety Administration. transaction is exempt from the prior administration time and to minimize [FR Doc. 03–14889 Filed 6–11–03; 8:45 am] approval requirements of 49 U.S.C. data collection errors. A Spanish- BILLING CODE 4910–59–U 11323. See 49 CFR 1180.2(d)(2). The language questionnaire and bi-lingual purpose of the transaction is to enable interviewers will be used to reduce MTH and MTR to improve operating language barriers to participation. DEPARTMENT OF TRANSPORTATION efficiency. Participation by respondents will be Under 49 U.S.C. 10502(g), the Board voluntary and all respondents’ results Surface Transportation Board may not use its exemption authority to will remain anonymous and completely [STB Finance Docket No. 34356] confidential. Participant names are not relieve a rail carrier of its statutory collected during the interview and the Gregory B. Cundiff, Connie Cundiff, obligation to protect the interests of its telephone number used to reach the CGX, Inc., and Ironhorse Resources, employees. Section 11326(c), however, respondent is separated from the data Inc.—Continuance in Control does not provide for labor protection for record prior to its entry into the Exemption—Mississippi Tennessee transactions under sections 11324–25 analytical database. Holdings, LLC and Mississippi that involve only Class III rail carriers. The findings from this proposed Tennessee Railroad, LLC Accordingly, the Board may not impose collection will assist NHTSA in labor protective conditions here, addressing the problem of alcohol- Gregory B. Cundiff, Connie Cundiff, because all of the carriers involved are impaired driving, and in formulating CGX, Inc. (CGX), and Ironhorse Class III carriers. Resources, Inc. (Ironhorse) (collectively, programs and recommendations to If the verified notice contains false or Congress. NHTSA will use the findings applicants), noncarriers, have filed a misleading information, the exemption to help focus future programs and verified notice of exemption to continue activities to achieve improved in control of Mississippi Tennessee is void ab initio. Petitions to revoke the efficiencies and outcomes. This may Holdings, LLC (MTH) and Mississippi exemption under 49 U.S.C. 10502(d) involve modifying existing or Tennessee Railroad, LLC (MTR), upon may be filed at any time. The filing of developing new programs that can MTH and MTR becoming rail carriers. a petition to revoke will not decrease the likelihood of drinking and The transaction was expected to be automatically stay the transaction. driving behaviors, and to provide consummated on or after May 27, 2003, An original and 10 copies of all informational support to states, the effective date of the exemption (7 pleadings, referring to STB Finance localities, and law enforcement agencies days after the notice was filed). Docket No. 34356, must be filed with in their efforts to reduce impaired This transaction is related to the the Surface Transportation Board, 1925 driving related traffic crashes and concurrently filed verified notice of K Street, NW., Washington, DC 20423– injuries. The requested expiration date exemption in STB Finance Docket No. 0001. In addition, one copy of each of approval is December 31, 2005. 34355, Mississippi Tennessee Holdings, pleading must be served on Thomas F. Estimate of the Total Annual Burden LLC and Mississippi Tennessee McFarland, 208 South LaSalle Street, Resulting from the Collection of Railroad, LLC—Acquisition and Suite 1890, Chicago, IL 60604–1194. Information: NHTSA estimates that Operation Exemption—Rail Line of respondents in the sample would Mississippi & Tennessee Railnet, Inc., Board decisions and notices are require an average of 20 minutes to between Houston, MS, and Middleton, available on our Web site at complete the telephone interview. Thus, TN, in Chickasaw, Pontotoc, Union and www.stb.dot.gov. estimated reporting burden on the Tippah Counties, MS, and Hardeman Decided: June 5, 2003. general public would be a total of 2000 County, TN, wherein MTH and MTR

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By the Board, David M. Konschnik, exemption under 49 U.S.C. 10502(d) and maintaining suitable employment. Director, Office of Proceedings. may be filed at any time. The filing of The Task Force will also assess Vernon A. Williams, a petition to revoke will not independent living services provided by Secretary. automatically stay the transaction. VBA. [FR Doc. 03–14869 Filed 6–11–03; 8:45 am] An original and 10 copies of all On June 23, VBA officials will make BILLING CODE 4915–00–P pleadings, referring to STB Finance presentations on independent living Docket No. 34355, must be filed with services, self-employment program, and the Surface Transportation Board, 1925 employment placement services. There DEPARTMENT OF TRANSPORTATION K Street NW., Washington, DC 20423– will be a panel discussion with VA 0001. In addition, one copy of each Regional Office Directors on the status Surface Transportation Board pleading must be served on Thomas F. of VR&E programs. The Small Business McFarland, 208 South LaSalle Street, [STB Finance Docket No. 34355] Administration and VA Office of Small Suite 1890, Chicago, IL 60604–1194. and Disadvantaged Business Utilization Mississippi Tennessee Holdings, LLC Board decisions and notices are will provide comment on self- and Mississippi Tennessee Railroad, available on our Web site at employment opportunities for disabled LLC—Acquisition and Operation www.stb.dot.gov. veterans. On June 24, presentations will Exemption—Rail Line of Mississippi & Decided: June 5, 2003. Tennessee Railnet, Inc., Between be made by the United States Postal By the Board, David M. Konschnik, Service, AFL–CIO, National Council on Houston, MS, and Middleton, TN, in Director, Office of Proceedings. Chickasaw, Pontotoc, Union and Independent Living, and National Vernon A. Williams, Tippah Counties, MS, and Hardeman Organization on Disability with a focus County, TN Secretary. on employment of disabled persons. [FR Doc. 03–14868 Filed 6–11–03; 8:45 am] The Task Force will be briefed by VBA Mississippi Tennessee Holdings, LLC BILLING CODE 4915–00–P on the G.I. Bill. The Task Force will (MTH) and Mississippi Tennessee hear remarks from senior officials from Railroad, LLC (MTR), noncarriers, have the Department of Health and Human jointly filed a verified notice of DEPARTMENT OF VETERANS Services and the Department of exemption under 49 CFR 1150.31 to AFFAIRS Education on employing individuals acquire and operate an 87.7-mile line of with disabilities. The Commission on the Mississippi Tennessee Railnet, Inc. VA Vocational Rehabilitation and Accreditation of Rehabilitation (Railnet), extending between milepost Employment Task Force; Notice of Facilities will also provide comment. GG 281.0 at Houston, in Chickasaw, Meeting No time will be allocated for receiving Pontotoc, Union and Tippah Counties, oral presentations from the public. MS, and milepost GG 368.7 at The Department of Veterans Affairs Interested parties who wish to attend Middleton in Hardeman County, TN.1 (VA) gives notice under Public Law 92– MTH and MTR certify that MTR’s 463 (Federal Advisory Committee Act) the meeting should have adequate projected annual revenues will not that a meeting of the VA Vocational identification for entry into the building exceed those that would qualify it as a Rehabilitation and Employment (VR&E) and will be subject to a security Class III rail carrier and that its annual Task Force will be held on Monday, screening process. Members of the revenues are not projected to exceed $5 June 23, 2003, from 9 a.m. to 5 p.m., and public may submit written comments million.2 on Tuesday, June 24, 2003, from 9 a.m. for review by the Committee to: Mr. The transaction was scheduled to be to 4 p.m., in Room 230, Department of John O’Hara, Executive Director, VA consummated on or after May 27, 2003 Veterans Affairs, 810 Vermont Avenue, Vocational Rehabilitation and (7 days after the notice was filed). NW., Washington, DC. The meeting is Employment Task Force, VA Office of If the notice contains false or open to the public. Policy, Planning, and Preparedness misleading information, the exemption The purpose of the Task Force is to (008B), 810 Vermont Avenue, NW., is void ab initio. Petitions to revoke the conduct an independent review of the Washington, DC 20420. Mr. O’Hara can VR&E program within the Veterans be reached at (202) 273–5130; fax 1 This proceeding is related to STB Finance Benefits Administration (VBA). The number (202) 273–5991 and e-mail Docket No. 34356, Gregory B. Cundiff, Connie Task Force will provide address john.o’[email protected]. Cundiff, CGX, Inc., and Ironhorse Resources, Inc.— Continuance in Control Exemption—Mississippi recommendations to the Secretary of Dated: June 4, 2003. Tennessee Holdings, LLC and Mississippi Veterans Affairs on improving the By Direction of the Secretary. Tennessee Railroad, LLC, wherein Gregory B. Department’s ability to provide Cundiff, Connie Cundiff, CGX, Inc., and Ironhorse comprehensive services and assistance E. Philip Riggin, Resources, Inc., have concurrently filed a notice of Committee Management Officer. exemption to continue in control of MTH and MTR to veterans with service-connected upon their becoming rail carriers. disabilities and employment handicaps [FR Doc. 03–14812 Filed 6–11–03; 8:45 am] 2 MTR will be the operator of the line. in becoming employable, and obtaining BILLING CODE 8320–01–M

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Corrections Federal Register Vol. 68, No. 113

Thursday, June 12, 2003

This section of the FEDERAL REGISTER DEPARTMENT OF AGRICULTURE § 2.24 [Corrected] contains editorial corrections of previously 1. On page 27439, in the second published Presidential, Rule, Proposed Rule, Office of the Secretary column, in §2.24, in amendatory and Notice documents. These corrections are instruction 12.c., in the second line, prepared by the Office of the Federal 7 CFR Part 2 Register. Agency prepared corrections are ‘‘2003’’ should read ‘‘2000’’. issued as signed documents and appear in § 2.93 [Corrected] the appropriate document categories Revision of Delegations of Authority elsewhere in the issue. 2. On page 27447, in the third Correction column, in §2.93, in amendatory In rule document 03–12142 beginning instruction 39.a., in the third line, after ‘‘(a)(12)’’ add ‘‘(a)(16), and’’. on page 27431 in the issue of Tuesday, May 20, 2003 make the following [FR Doc. C3–12142 Filed 6–11–03; 8:45 am] corrections: BILLING CODE 1505–01–D

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Part II

Securities and Exchange Commission Rating Agencies and the Use of Credit Ratings Under the Federal Securities Laws; Notice

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SECURITIES AND EXCHANGE I. Introduction 2 the Commission solicited public COMMISSION Since 1975, the Commission has comment on the appropriate role of relied on credit ratings from market- credit ratings in rules under the Federal [Release Nos. 33–8236; 34–47972; IC– recognized credible rating agencies for securities laws, and the need to 26066; File No. S7–12–03] distinguishing among grades of establish formal procedures for creditworthiness in various regulations recognizing and monitoring the RIN 3235–AH28 5 under the Federal securities laws. These activities of NRSROs. Comments credit rating agencies, known as received by the Commission led to a Rating Agencies and the Use of Credit rule proposal in 1997 which, among Ratings Under the Federal Securities ‘‘nationally recognized statistical rating organizations,’’ or ‘‘NRSROs,’’ are other things, would have defined the Laws 6 recognized as such by Commission staff term ‘‘NRSRO’’ in the Net Capital rule. AGENCY: Securities and Exchange through the no-action letter process. However, the Commission has not acted Commission (‘‘Commission’’). There currently are four NRSROs 3— upon that rule proposal. More recently, the initiation of broad-based ACTION: Concept release; request for Moody’s Investors Service, Inc.; Fitch, Commission and Congressional reviews comments. Inc.; Standard & Poor’s, a division of the McGraw-Hill Companies, Inc.; and of credit rating agencies following the SUMMARY: As part of the Commission’s Dominion Bond Rating Service Limited collapse of Enron has resulted in the review of the role of credit rating (‘‘DBRS’’).4 Although the Commission need for a fresh look at the issue. agencies in the operation of the originated the use of the term ‘‘NRSRO’’ On January 24, 2003, the Commission securities markets, the Commission is for a narrow purpose in its own submitted to Congress its Report on the seeking comment on various issues regulations, ratings by NRSROs today role and function of credit rating relating to credit rating agencies, are widely used as benchmarks in agencies in the operation of the including whether credit ratings should Federal and State legislation, rules securities markets in response to the continue to be used for regulatory issued by financial and other regulators, Congressional directive contained in purposes under the Federal securities foreign regulatory schemes, and private section 702 of the Sarbanes-Oxley Act of laws, and, if so, the process of financial contracts. The Commission’s 2002 (the ‘‘Sarbanes-Oxley Act’’).7 The determining whose credit ratings should initial regulatory use of the term Report was designed to address each of be used, and the level of oversight to ‘‘NRSRO’’ was solely to provide a the topics identified for Commission apply to such credit rating agencies. method for determining capital charges study in section 702, including the role of credit rating agencies and their DATES: Comments should be received on on different grades of debt securities importance to the securities markets, or before July 28, 2003. under the Commission’s net capital rule for broker-dealers, rule 15c3–1 under impediments faced by credit rating ADDRESSES: To help us process and the Exchange Act (the ‘‘Net Capital agencies in performing that role, review your comments more efficiently, rule’’). Over time, as the reliance on measures to improve information flow comments should be sent by hard copy credit rating agency ratings increased, so to the market from credit rating or e-mail, but not by both methods. too did the use of the NRSRO concept. agencies, barriers to entry into the credit Comments sent by hard copy should be In recent years, the Commission and rating business, and conflicts of interest submitted in triplicate to Jonathan G. Congress have reviewed a number of faced by credit rating agencies.8 The Katz, Secretary, Securities and Exchange issues regarding credit rating agencies Report also addresses certain issues Commission, 450 Fifth Street, NW., and, in particular, the subject of regarding credit rating agencies, such as Washington, DC 20549–0609. regulatory oversight of them. In 1994, allegations of anticompetitive or unfair Comments also may be submitted practices, the level of due diligence electronically at the following electronic 2 For a detailed discussion on credit rating performed by credit rating agencies mail address: [email protected]. agencies and the Commission’s use of credit ratings when taking rating actions, and the All comment letters should refer to File under the Federal securities laws, see the Report on extent and manner of Commission No. S7–12–03. This file number should the Role and Function of Credit Rating Agencies in the Operation of the Securities Markets, As oversight of credit rating agencies, that be included in the subject line if Required by Section 702(b) of the Sarbanes-Oxley go beyond those specifically identified electronic mail is used. Comment letters Act of 2002, U.S. Securities and Exchange in the Sarbanes-Oxley Act. will be available for public inspection Commission, January 2003 (hereinafter, the ‘‘Report’’). The Report is available on the As the Commission enters the next and copying in the Commission’s Public Commission’s Web site at http://www.sec.gov/news/ phase of its review, a fundamental Reference Room, 450 Fifth Street, NW., studies/credratingreport0103.pdf. threshold matter is the appropriate Washington, DC 20549. Electronically 3 Since 1975, four additional rating agencies have degree of regulatory oversight that submitted comment letters will be been recognized as NRSROs. However, each of these firms has since merged with or been acquired should be applied to credit rating posted on the Commission’s Internet by other NRSROs. These four additional rating agencies. At one end of the spectrum, 1 Web site (http://www.sec.gov). agencies were Duff and Phelps, Inc., McCarthy, the Commission could cease using the FOR FURTHER INFORMATION CONTACT: Crisanti & Maffei, Inc., IBCA Limited and its NRSRO designation, exit the business of subsidiary, IBCA, Inc., and Thomson BankWatch, Michael A. Macchiaroli, Associate Inc. rating agency oversight, and devise Director, at (202) 942–0132; Thomas K. 4 On February 24, 2003, the Commission’s alternative means to fulfill its regulatory McGowan, Assistant Director, at (202) Division of Market Regulation (the ‘‘Division’’) objectives. At the other, the Commission 942–4886; Mark M. Attar, Special responded to a request by DBRS that the Division will not recommend enforcement action against 5 See Nationally Recognized Statistical Rating Counsel, at (202) 942–0766; or Mandy B. broker-dealers that consider ratings by DBRS as Organizations, Release No. 34–34616 (August 31, Sturmfelz, Attorney, at (202) 942–0085. NRSRO ratings when computing net capital 1994), 59 FR 46314 (September 7, 1994). pursuant to rule 15c3–1 under the Securities SUPPLEMENTARY INFORMATION: 6 Exchange Act of 1934 (‘‘Exchange Act’’). See letter See Capital Requirements for Brokers or Dealers from Annette L. Nazareth, Director, Division, Under the Securities Exchange Act of 1934, Release 1 We do not edit personal identifying information, Commission, to Mari-Anne Pisarri, Pickard and No. 34–39457 (December 17, 1997), 62 FR 68018 such as names or electronic mail addresses, from Djinis LLP (February 24, 2003). This letter is (December 30, 1997). electronic submissions. You should submit only available on the Commission’s Internet Web site at 7 See the Report, supra note 2. information that you wish to make publicly http://www.sec.gov/divisions/marketreg/mr- 8 Sarbanes-Oxley Act of 2002, Pub. L. 107–204, available. noaction/dominionbond022403-out.pdf. § 702(b), 116 Stat. 745 (2002).

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could implement, perhaps with bodies would need to determine and/or any other possible alternatives to additional legislative authority, a much appropriate substitutes for that the NRSRO designation. In particular, more pervasive regulatory scheme for designation in any non-Commission the Commission seeks commenters’ credit rating agencies that addresses the rules or legislation.) To further that views in response to the following full range of issues raised in the Report. discussion, the Commission staff has questions: Discussed below are broad issues that identified possible alternatives to the Question 1: Should the Commission have been raised during the NRSRO designation for significant eliminate the NRSRO designation from Commission’s ongoing review of credit Commission rules that utilize that Commission rules? rating agencies. Following the concept. For example: Question 2: If so, what alternatives discussion of each issue is a possible • Rule 15c3–1 under the Exchange could be adopted to meet the regulatory approach the Commission could Act. The Commission could allow objectives of the Commission rules that develop to address that issue, as well as broker-dealers to use internally- currently incorporate the NRSRO a series of questions, the answers to developed credit ratings for purposes of designation? What are their respective which would assist the Commission in determining the capital charges on strengths and weaknesses? its review. The Commission wishes to different grades of debt securities under Question 3: Specifically, what are the encourage comments from market the Net Capital rule. Strict firewalls advantages and disadvantages of participants, other regulators, and the could be required between the broker- allowing broker-dealers to use public at large. dealer employees who develop internal internally-developed credit ratings to credit ratings and those responsible for determine capital charges under the Net II. Discussion revenue production. In addition, a Capital rule? Is it appropriate to require A. Alternatives to the NRSRO broker-dealer could be required to strict firewalls between the broker- Designation obtain regulatory approval of its credit dealer employees who develop internal credit ratings and those responsible for Some commenters 9 believe that the rating procedures and rating categories revenue production? Should a broker- NRSRO designation acts as a barrier to before it could use internal credit dealer be required to obtain regulatory entry into the credit rating business. ratings for calculating capital charges. The Commission also could allow approval of its credit rating procedures Others have raised concerns about the and rating categories before it could use extent of the Commission’s legal broker-dealers to calculate capital charges using model-based statistical internal credit ratings for calculating authority to regulate or impose capital charges? If so, what factors requirements on NRSROs. Commenters scoring systems and/or market-based alternatives, such as credit spreads. should the Commission review in argue that the Commission does not determining whether to grant such have explicit regulatory authority over Finally, the Commission could require the securities industry self-regulatory approval? If the Commission substitutes NRSROs, and that it would be organizations (‘‘SROs’’) to set internal credit ratings for the NRSRO inappropriate for the Commission to appropriate standards for broker-dealers designation in the Net Capital rule, what impose a more comprehensive to use in determining rating categories would be the impact on broker-dealers, regulatory framework on rating agencies for net capital purposes. including small broker-dealers, and absent legislation. Others have argued • Rule 2a–7 under the Investment what costs would be associated with that NRSRO rating activities are Company Act of 1940. Rule 2a–7 limits this change? If there would be an journalistic and are consequently money market funds to investing in inordinate financial impact on small afforded a high level of protection under ‘‘high quality’’ securities. The rule broker-dealers, are there market-based the First Amendment. According to contains minimum quality standards solutions that could reduce the these commenters, suggestions that the based on an objective test—ratings compliance costs for them? For Commission inspect or otherwise issued by NRSROs—and on a subjective example, should the Commission permit impose regulatory burdens on NRSROs test—the credit analysis performed by large broker-dealers to sell their internal would implicate the NRSROs’ First the adviser to the money market fund. credit ratings to small broker-dealers for Amendment rights. They further believe The Commission could eliminate the these purposes? If so, would this help to that new legislation providing the objective test from rule 2a–7, and rely provide a more competitive marketplace Commission with additional authority solely on the subjective test. for credit ratings? To what extent should over NRSROs would face the same First • Form S–3 under the Securities Act the Commission exercise additional Amendment challenges. of 1933. The Commission could allow a regulatory oversight of this activity (e.g., In light of these concerns, some registrant to use Form S–3 for offerings to control potential conflicts of commenters have recommended that the of certain nonconvertible securities and interest)? Commission consider ceasing its use of asset-backed securities where specified Question 4: What are the advantages the NRSRO designation. Before doing investor sophistication or large size and disadvantages of allowing broker- so, however, the Commission would denomination criteria are met. With dealers to use credit spreads to need to identify alternatives capable of regard to asset-backed securities, the determine capital charges under the Net achieving the regulatory objectives Commission also could permit Form S– Capital rule and/or other Commission currently served by use of the NRSRO 3 to be used where specified asset and rules? How could capital charges be designation in certain Commission structure experience criteria are met. determined using credit spreads? For rules.10 (Other regulatory or legislative The Commission seeks commenters’ example, could the Commission base views in evaluating the advisability and capital charges on the yield differential 9 The term ‘‘commenters’’ includes those who feasibility of eliminating the NRSRO between particular debt securities and formally submitted comments in response to the Commission’s 1994 concept release and 1997 rule designation from Commission rules, the U.S. Treasury securities of comparable proposal, as well as those contributing to the possible alternatives identified above, maturity, such that a larger differential Commission’s recent review of credit rating results in a larger haircut? How could agencies, including participants at the 239.32, 239.33, 240.3a1–1(b)(3), 240.10b–10(a)(8), credit spreads be determined for newly- Commission’s November 2002 hearings. 240.15c3–1(c)(2)(vi)(E), (F), and (H), 240.15c3– issued, thinly-traded, or privately- 10 The NRSRO concept is currently utilized in the 1a(b)(1)(i)(C), 240.15c3–1f(d), 242.101(c)(2), following Commission rules: 17 CFR 228.10(e), 242.102(d), 242.300(k)(3) and (l)(3), 270.2a–7(a)(10), issued securities? Or for variable rate 229.10(c), 230.134(a)(14), 230.436(g), 239.13, 270.3a–7(a)(2), 270.5b–3(c), and 270.10f–3(a)(3). and other short-term synthetic securities

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held by money market funds? Are there the rating agency, including: (1) The the same; and (3) statistical data readily available public sources of organizational structure of the rating demonstrating market reliance on the information sufficient to calculate credit agency; (2) the rating agency’s financial applicant’s ratings (e.g., market spreads on domestic and foreign debt resources (to determine, among other movements in response to the securities? Are there other model-based things, whether it is able to operate applicant’s rating changes). statistical scoring systems and/or independently of economic pressures or • A rating agency that confines its market-based alternatives that would be control from the companies it rates); (3) activity to a limited sector of the debt viable alternatives to NRSRO ratings? the size and experience and training of market could be recognized as an Question 5: What are the advantages the rating agency’s staff (to determine if NRSRO. The appropriateness of and disadvantages of requiring the SROs the entity is capable of thoroughly and recognizing as an NRSRO a rating to set appropriate standards for broker- competently evaluating an issuer’s agency that confines its activity to a dealers to use in determining rating credit); (4) the rating agency’s limited, or largely non-U.S., geographic categories for net capital purposes? independence from the companies it area also could be considered. What form might these standards take? rates; (5) the rating agency’s rating • Recognition of NRSROs could occur Question 6: What are the advantages procedures (to determine whether it has through Commission action (rather than and disadvantages of eliminating the systematic procedures designed to through staff no-action letters). ‘‘objective test’’ from rule 2a–7, and produce credible and reliable ratings); • Applications for NRSRO relying solely on the ‘‘subjective test’’— and (6) whether the rating agency has recognition could be publicized by the the credit analysis performed by the internal procedures to prevent the Commission, and public comment adviser to the money market fund—for misuse of non-public information and to sought on the credibility and reliability the purposes of determining asset minimize possible conflicts of interest, of the applicant’s ratings. quality? and whether those procedures are • The Commission could develop Question 7: What are the advantages followed. These criteria are intended to supplemental criteria that would be and disadvantages of relying upon reflect the view of the marketplace as to used to evaluate ratings quality specified investor sophistication, large the credibility of the credit rating applicable to both rating agencies size denomination, or asset and agency, and were developed, in part, performing traditional fundamental structure experience criteria for after evaluating public comments credit analysis and those primarily purposes of determining Form S–3 received by the Commission on the reliant on statistical models. eligibility? Should the Commission NRSRO designation. • A rating agency could be required explore these possibilities in more While some commenters believe that to follow generally accepted industry depth? If so, what specific criteria the current NRSRO recognition criteria standards of diligence, to be developed should be considered? are appropriate given the objectives of in consultation with a broad-based Question 8: Are there alternatives the NRSRO designation, others have committee of market participants, in other than those discussed above that commented that the criteria impose performing its ratings analysis. might be better substitutes for the barriers to entry into the business of • The Commission could establish a NRSRO designation in particular acting as a credit rating agency. time period (e.g., 90 days from receipt Commission rules? Commenters have also indicated that of all required information) to serve as Question 9: If the Commission the current NRSRO recognition process a goal for action on NRSRO discontinued using the NRSRO is not sufficiently transparent. applications. designation, should an entity other than In addition, in light of recent To assist the Commission in the Commission recognize NRSROs for corporate failures, some have criticized determining whether to modify the uses other than Commission rules? If the performance of the credit rating criteria currently used to recognize another entity, which entity? How agencies. Concerns also have been NRSROs (assuming the Commission would the transition from the raised regarding the training and continues to utilize the NRSRO Commission to that entity take place? qualifications of credit rating agency concept), we seek commenters’ views in Question 10: If, on the other hand, the analysts. response to the following questions: Commission should continue to use the If the Commission retains the NRSRO Existing Substantive Criteria NRSRO designation in some designation, the Commission could seek Commission rules, could that to improve the transparency of the Question 11: Are the criteria currently designation be eliminated from other NRSRO recognition process by used by Commission staff to determine rules? If so, which rules? developing the following approach: whether a credit rating agency qualifies • The Commission could specify in as an NRSRO appropriate? If not, what B. Recognition Criteria more detail the types of information are the appropriate criteria? How should Since the Commission adopted the applicants need to provide to a determination be made as to whether NRSRO designation, Commission staff demonstrate, and that could be a credit rating agency has met each has developed a number of criteria for reviewed in evaluating, satisfaction of criterion? assessing the credit rating agencies the various NRSRO criteria. For Question 12: Is it appropriate to whose ratings can be used for regulatory example, in reviewing the general condition NRSRO recognition on a purposes. Before recognizing a credit acceptance of a rating agency as an rating agency being widely accepted as rating agency as an NRSRO, the issuer of credible and reliable ratings, an issuer of credible and reliable ratings Commission staff first determines that the Commission could clarify that the by the predominant users of securities the rating agency satisfies certain review would consider evidence such ratings in the United States (e.g., established criteria. The single most as: (1) Attestations from authorized underwriters, dealers, banks, insurance important criterion is that the rating officers of users of securities ratings companies, mutual funds, issuers)? agency is widely accepted in the U.S. as representing a substantial percentage of Would this general acceptance be an issuer of credible and reliable ratings the relevant market that the applicant’s verifiable through the examples set forth by the predominant users of securities ratings are credible and actually relied above (e.g., requiring verification ratings. The staff also reviews the on by the user; (2) interviews with through attestations from, and operational capability and reliability of representatives of such users regarding interviews with, authorized officers of

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users of securities ratings, as well as Question 17: Should the Commission committee of market participants to using statistical data to demonstrate condition NRSRO recognition on an develop those standards? Or should market reliance on an applicant’s entity’s meeting standards for a they be devised through other means? ratings)? As a more objective way of minimum number of rating analysts or Recognition Process evidencing market reliance and a maximum average number of issues credibility, should NRSRO recognition covered per analyst? For example, Question 25: Should recognition of be conditioned on a credit rating agency should the Commission question NRSROs occur through Commission documenting that it has been retained to whether a single analyst can credibly action (rather than through staff no- rate securities issued by a broad group and reliably issue and keep current action letters)? Should the Commission of well-capitalized firms? credit ratings on securities issued by establish an appeal process if the staff Question 13: Should the Commission hundreds of different issuers? Or would remains responsible for the recognition condition NRSRO recognition on a this level of scrutiny involve the of NRSROs? rating agency developing and Commission too deeply in the business Question 26: Should the Commission implementing procedures reasonably practices of rating agencies? publicize applications for NRSRO designed to ensure credible, reliable, Question 18: Is a credit rating recognition, and seek public comment and current ratings? At a minimum, agency’s organizational structure an on the credibility and reliability of the should each NRSRO have rating appropriate factor to consider when applicant’s ratings? procedures designed to ensure that a evaluating a request for NRSRO status? Question 27: Should the Commission similar analysis is conducted for Should the agency that seeks establish a time period to serve as a goal similarly situated issuers and that recognition consent to limiting its for action on applications for NRSRO current information is used in the rating business to issuing credit ratings or recognition? If so, would an appropriate agency’s analysis? What minimum could it conduct other activities, such as time period be 90 days after all required standards should the Commission use to rating advisory services? information has been received, or a determine whether the agency’s ratings Question 19: Should the Commission shorter or longer period? are current? Should each NRSRO use consider a credit rating agency’s C. Examination and Oversight of uniform rating symbols, as a means of financial resources as a factor in NRSROs reducing the risk of marketplace determining NRSRO status? If so, how? confusion? When reviewing a rating Should NRSRO recognition be Each of the current NRSROs is agency’s procedures for obtaining conditioned on a rating agency meeting registered as an investment adviser information on which to base a rating minimum capital or revenue under the Investment Advisers Act of action, should the Commission establish requirements? 1940 (‘‘Advisers Act’’). The minimum due diligence requirements Commission’s 1997 NRSRO rule for rating agencies? How could these Other Factors To Be Considered proposal would have required this minimum requirements be developed? Question 20: Should a rating agency registration. Commenters disagree on By the Commission? By the industry, that confines its activity to a limited whether NRSROs should or could be with Commission oversight? sector of the debt market be considered subject to this amount of regulatory Question 14: Should the extent of for NRSRO recognition? Should a rating oversight, or even greater regulatory contacts with the management of issuers agency that confines its activity to a oversight. Some indicate that greater (including access to senior level limited (or largely non-U.S.) geographic regulation is essential given the management of issuers) be a criterion area also be considered? importance of their credit ratings to used to determine NRSRO status? Question 21: Should the Commission investors, and the influence such ratings Should the Commission limit the credit consider a provisional NRSRO status for can have on the securities markets. ratings that can be used for regulatory rating agencies that comply with Others question the authority and the purposes to credit ratings that include NRSRO recognition criteria but lack feasibility of the Commission to impose access to senior management of an national recognition? greater oversight. Some also question issuer? If so, why? Question 22: Should the Commission whether additional regulatory Question 15: To the extent a credit develop supplemental criteria to oversight—particularly the burdens rating agency uses computerized evaluate ratings quality that would be associated with the possibility of a statistical models, what factors should applicable to both rating agencies regulatory assessment of the quality of be used to review the models? Could a performing traditional fundamental ratings analysis—is justified in light of credit rating agency that solely uses a credit analysis and those primarily the performance of credit rating computerized statistical model and no reliant on statistical models? agencies over the past decades. other qualitative inputs qualify as an Question 23: Should the Commission Assuming the Commission can and NRSRO? consider other criteria in making the should increase its ongoing oversight of Question 16: Should the size and NRSRO determination, such as the NRSROs, the Commission could quality of the credit rating agency’s staff existence of effective procedures develop the following approach: be considered when determining reasonably designed to prevent conflicts • The Commission could condition NRSRO status? Should the Commission of interest and alleged anticompetitive, NRSRO recognition on a rating agency’s condition NRSRO recognition on a abusive, and unfair practices, and agreeing to file annual certifications rating agency adopting minimum improve information flow surrounding with the Commission that it continues standards for the training and the ratings process?11 to comply with all of the NRSRO qualifications of its credit analysts? If Question 24: Should the Commission criteria. so, what entity should be responsible for expect NRSROs to follow generally • The Commission also could solicit oversight of qualifications and training? accepted industry standards of public comment annually on the How could the Commission verify diligence? If so, should the Commission performance of each NRSRO, including whether a member of a rating agency’s encourage the establishment of a whether the NRSRO’s ratings continue staff is or was previously subject to to be viewed as credible and reliable. • disciplinary action by a financial (or 11 See sections D, E, and F infra for additional The Commission could condition other) regulatory authority? discussion of these issues. NRSRO recognition on a rating agency’s

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agreeing to maintain specified records Commission to adopt a separate Some also believe that conflicts of relating to its ratings business, including registration and regulatory regime for interest can arise when credit rating those relating to ratings decisions. NRSROs? agencies offer consulting or other • The Commission could condition Question 34: Should NRSRO advisory services to the entities they NRSRO recognition on a rating agency’s recognition be conditioned on rate. The NRSROs generally represent agreeing to submit to regular recordkeeping requirements specifically that they have established extensive Commission inspections and tailored to the ratings business? Should guidelines to manage conflicts in this examinations to determine compliance NRSRO recognition be conditioned on a area, including firewalls to separate with the appropriate regulatory regime rating agency’s maintaining records their ratings services from other for NRSROs. relating to the ratings business, ancillary businesses. They also indicate • The Commission could condition including those relating to rating that advisory services presently NRSRO recognition on a rating agency’s decisions? represent a very small portion of their agreeing to provide Commission staff Question 35: Are there minimum total revenues. Commenters have also with access to all personnel and books standards or best practices to which expressed concern that conflicts in this and records. area could become much greater if these • NRSROs should adhere? If so, how The Commission could condition should these be established? By the ancillary services were to become a NRSRO recognition on a rating agency’s Commission? By the industry, with substantial portion of an NRSRO’s agreeing to cooperate with the Commission oversight? Should they be business, and suggestions were made Commission in relevant investigations, incorporated into the conditions for that their percentage contribution to the including providing access to records NRSRO recognition? Would it, or would total revenues of an NRSRO be capped. and personnel. it not, be a productive use of Others were concerned that issuers To seek commenters’ views on Commission resources to develop the could be unduly pressured to purchase whether credit rating agencies should be expertise to review, e.g., issues related advisory services, particularly in cases subject to ongoing oversight, the to the quality and diligence of the where they were solicited by a rating Commission requests responses to the ratings analysis? analyst at an NRSRO. following questions: Finally, some have expressed concern Question 28: Should NRSRO Question 36: If a currently recognized that subscribers, as a practical matter, recognition be conditioned on an NRSRO gave up its NRSRO recognition have preferential access to rating NRSRO’s meeting the original because of concerns regarding the analysts and, as a result, inappropriately qualification criteria on a continuing regulatory and liability environment, may learn of potential rating actions or basis? If so, should a failure to meet the what effect, if any, would that action other nonpublic information. original qualification criteria lead to have on the market? To manage these potential conflicts of revocation of NRSRO recognition? D. Conflicts of Interest interest, the Commission could develop Should some other standard of the following approach: revocation apply? Conflicts of interest may arise in • NRSRO recognition could be Question 29: What would be the several areas within a credit rating conditioned on a rating agency’s appropriate frequency and intensity of agency. As registered investment developing and implementing any ongoing Commission review of an advisers, the current NRSROs have a procedures to address issuer influence NRSRO’s continuing compliance with legal obligation to avoid conflicts of (e.g., prohibiting ratings employees from the original qualification criteria? interest or disclose them fully to participating in the solicitation of new Question 30: Should NRSRO subscribers. Reliance by credit rating business or fee negotiations, and basing recognition be conditioned on a rating agencies on issuer fees could lead to a their compensation on factors other than agency’s filing annual certifications conflict of interest and the potential for business maintenance or development). with the Commission that it continues rating inflation. While many • NRSRO recognition could be to comply with all of the NRSRO commenters believe that NRSROs have conditioned on a rating agency’s criteria? effectively managed this conflict, they developing and implementing Question 31: Should the Commission stress the importance of NRSROs procedures to address subscriber solicit public comment on the implementing stringent firewalls, influence (e.g., restricting private performance of each NRSRO, including independent compensation, and other contacts between ratings employees and whether the NRSRO’s ratings continue related procedures. The NRSROs have subscribers, to help prevent intentional to be viewed as credible and reliable? If represented that they have implemented or inadvertent disclosure of confidential so, how frequently should public a number of policies and procedures issuer information and information comment be solicited (e.g., annually)? designed to assure the independence regarding forthcoming rating changes). Question 32: Should NRSROs be and objectivity of the ratings process, • NRSRO recognition could be subject to greater regulatory oversight? If such as requiring ratings decisions to be conditioned on a rating agency’s so, what form should this additional made by a ratings committee, imposing developing and implementing oversight take? If necessary, should the investment restrictions, and adhering to procedures to address issues regarding Commission seek additional fixed fee schedules. In addition, they ancillary fee-based services (e.g., jurisdictional authority from Congress? assert that rating analyst compensation establishing strict firewalls between Question 33: Should NRSRO is merit-based (e.g., based on the ratings employees and ancillary recognition be conditioned on a rating demonstrated reliability of their ratings), business development, and prohibiting agency’s registering as an investment and is not dependent on the level of fees compensation of ratings employees from adviser under the Advisers Act? If so, paid by issuers the analyst rates. being impacted by revenues from these how should the various sections of the Further, the NRSROs take the position services). Advisers Act apply to NRSROs? Could that their reputation for issuing • NRSRO recognition could be the Advisers Act rules be amended to objective and credible ratings is of conditioned on a rating agency’s having make them more relevant to the paramount importance and that they adequate financial resources (e.g., net businesses of NRSROs? Alternatively, would not jeopardize their reputation by assets of at least $100,000, or annual would it be more appropriate for the attempting to appease an issuer. gross revenues of at least $1,000,000) to

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reduce dependence on individual $100,000, or annual gross revenues of at adoption of procedures intended to issuers or subscribers. least $1,000,000) to reduce dependence prevent anticompetitive, abusive, and • NRSRO recognition could be on individual issuers or subscribers? unfair practices from occurring? conditioned on a rating agency’s Question 43: Should NRSRO Question 47: Should NRSRO deriving less than a certain percentage recognition be conditioned on a rating recognition specifically be conditioned of its revenues (e.g., 3%) from a single agency not deriving more than a certain on an NRSRO’s agreeing to forbear from source to help assure that the NRSRO percentage of its revenues (e.g., 3%) requiring issuers to purchase ancillary operates independently of economic from a single source to help assure that services as a precondition for pressures from individual customers. the NRSRO operates independently of performance of the ratings service? To address the concerns raised with economic pressures from individual Question 48: Should NRSRO regard to conflicts of interest, the customers? recognition specifically be conditioned Commission requests commenters’ Question 44: Are there other ways to on an NRSRO’s not engaging in views in response to the following address potential conflicts of interest in specified practices with respect to questions: the credit rating business or to minimize unsolicited ratings (e.g., sending a bill Question 37: Should the Commission their consequences? for an unsolicited rating, sending a fee condition NRSRO recognition on an schedule and ‘‘encouraging’’ payment, E. Alleged Anticompetitive, Abusive, NRSRO’s agreeing to document its indicating a rating might be improved and Unfair Practices procedures that address potential with the cooperation of the issuer)? conflicts of interest in its business Some have alleged that certain of the including, but not limited to, potential larger credit rating agencies abused their F. Information Flow issuer and subscriber influence? If so, dominant market position by engaging Several commenters have stressed the what other potential conflicts should in certain aggressive competitive importance of transparency in the these procedures address? practices. Fitch complained that S&P ratings process. Among other things, Question 38: To what extent could and Moody’s were attempting to they assert that fluctuations in security concerns regarding potential conflicts of squeeze it out of certain structured prices in response to rating actions interest be addressed through the finance markets by engaging in the could often be less pronounced if credit disclosure of existing and potential practice of ‘‘notching’’—lowering their rating agencies disclosed more conflicts of interest when an NRSRO ratings on, or refusing to rate, securities information about the assumptions publishes ratings? issued by certain asset pools (e.g., underlying their ratings (e.g., specific Question 39: Should NRSRO collateralized debt obligations), unless a events that might prompt a rating recognition be conditioned on an substantial portion of the assets within change), as well as the information and NRSRO prohibiting employees involved those pools were also rated by them. documents reviewed by them in in the ratings process (e.g., rating With respect to unsolicited ratings, reaching a ratings decision (e.g., analysts and rating committee members) some commenters have questioned the whether the issuer participated in the from participating in the solicitation of appropriateness of a rating agency’s rating process). new business and from fee negotiations? attempting to induce an issuer to pay for To address issues that have been Would conditioning NRSRO recognition a rating the issuer did not request (e.g., raised with regard to information flow on a rating agency’s establishing strict sending a bill for an unsolicited rating, from credit rating agencies, the firewalls between employees in these or sending a fee schedule and Commission could develop the areas and credit analysts address ‘‘encouraging’’ payment). following approach: potential conflicts? Should the To address these issues, the • NRSRO recognition could be Commission also address the credit Commission could develop the conditioned on a rating agency’s analyst compensation structure to following approach: implementing procedures to assure minimize potential conflicts of interest? • NRSRO recognition could be appropriate disclosure of key Question 40: Should NRSRO conditioned on a rating agency’s information about its ratings and rating recognition be conditioned on an implementing adequate procedures to processes, including: (1) Widespread agreement by a rating agency not to offer prevent anticompetitive and other public dissemination of its ratings; (2) consulting or other advisory services to unfair practices, including prohibitions identifying an unsolicited rating as entities it rates? Could concerns on: (1) Requiring a ratings client to such; (3) annual disclosure of specified regarding conflicts of interest be purchase an ancillary service as a ratings performance information; and (4) addressed by limiting or restricting precondition for performance of the public disclosure of the key bases of, consulting or advisory services offered ratings service and, perhaps, other and assumptions underlying, the ratings by rating agencies? anticompetitive practices (even those decision (pursuant to generally accepted Question 41: Should NRSRO that would not violate the antitrust industry standards to be developed by a recognition be conditioned on a laws); and (2) engaging in specified broad-based committee of market prohibition on credit rating analysts ‘‘strong-arm’’ tactics with respect to participants). employed by NRSROs from discussing unsolicited ratings. • NRSRO recognition could be rating actions with subscribers? If not The Commission invites commenters’ conditioned on a rating agency’s prohibited, should the Commission views concerning the existence of these implementing procedures to assure adopt limits on contacts between practices and requests commenters’ appropriate public notification when it analysts and subscribers? Or are existing views on the following questions: ceases rating/following an issuer. remedies—antifraud, contractual, or Question 45: Should the Commission To explore ways to improve the otherwise—sufficient to deter identify specific anti-competitive quality of information available to users inappropriate disclosures to practices that NRSROs would agree to of credit ratings, the Commission subscribers? prohibit as a condition to NRSRO requests commenters’ views on the Question 42: Should NRSRO recognition? If so, what are those following questions: recognition be conditioned on a rating practices? Question 49: Should the Commission agency having adequate financial Question 46: Would it be sufficient to address concerns about information resources (e.g., net assets of at least condition NRSRO recognition on the flow from rating agencies? If so, should

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the Commission condition NRSRO steps, if any, should the Commission Question 55: What steps, if any, can recognition on a rating agency’s agreeing take to address these concerns? For the Commission take to improve the to establish procedures to assure certain example, should NRSRO recognition be extent and quality of disclosure by disclosures relating to its ratings conditioned on a rating agency’s issuers to rating agencies or to the business, such as those described agreeing to public dissemination of its public generally, and in particular, above? Are there other disclosures that ratings on a widespread basis at no cost, regarding: (a) Ratings triggers in could be appropriate? as is currently the case? financial covenants tied to downgrades; Question 50: Specifically, should Question 54: Should NRSRO (b) conditional elements of material NRSRO recognition be conditioned on a recognition be conditioned on a rating financial contracts; (c) short-term credit rating agency disclosing the key bases agency’s implementing procedures to facilities; (d) special purpose entities; of, and assumptions underlying its assure public notification when it ceases and (e) material future liabilities. rating decisions? If so, should these rating/following an issuer. If so, what disclosures be made pursuant to form of public notification would be Question 56: Is it appropriate for the standards developed by the industry, or appropriate? Commission to take steps to minimize otherwise? the ratings ‘‘cliff’’ that has been Question 51: Would it be advisable for G. Other represented to be particularly the Commission to condition NRSRO During the Commission’s review of pronounced in the commercial paper recognition on a rating agency’s agreeing credit rating agencies, certain issues market? If so, what steps should the to disclose performance information were raised that do not directly relate to Commission take? periodically? If so, what type of the topics discussed above, but on performance information would be most which the Commission is interested in III. Solicitation of Additional useful? How often should it be receiving comment. First, the Comments disclosed? Commission is interested in exploring In addition to the areas for comment Question 52: Should NRSRO whether there are types of information recognition be conditioned on a rating that, if disclosed by an issuer, or identified above, we are interested in agency’s disclosing whether or not an disclosed in a more meaningful way, any other issues that commenters may issuer participated in the rating process? would be useful to rating agencies in wish to address relating to credit rating Or, could issuers be required to make making their credit assessments. In agencies. Please be as specific as such disclosures? addition, concerns were raised that a possible in your discussion and analysis Question 53: Concerns have been ‘‘ratings cliff’’ exists in the commercial of any additional issues. raised that certain credit rating agencies paper market, such that a slight By the Commission. make their credit ratings available only downgrade of an issuer’s commercial Dated: June 4, 2003. to paid subscribers, and that it would be paper rating can dramatically restrict its Jill M. Peterson, inappropriate to require users of credit access to the U.S. money markets. ratings to subscribe for a fee to an In this regard, the Commission solicits Assistant Secretary. NRSRO’s services to obtain credit commenters’ answers to the following [FR Doc. 03–14867 Filed 6–11–03; 8:45 am] ratings for regulatory purposes. What questions: BILLING CODE 8010–01–P

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Reader Aids Federal Register Vol. 68, No. 113 Thursday, June 12, 2003

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING JUNE

Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. 33355, 33356, 33358, 33618, Presidential Documents 2 CFR 33621, 33840, 33842, 33844, Executive orders and proclamations 741–6000 Proposed Rules: 33854, 34781, 34786, 34787, The United States Government Manual 741–6000 Subtitles A and B...... 33883 35152, 35155, 35157, 35160, Other Services 35163 3 CFR 71 ...... 32633, 33231, 33360, Electronic and on-line services (voice) 741–6020 Proclamations: 3361, 33579, 33623 Privacy Act Compilation 741–6064 7683...... 33339 95...... 34522 Public Laws Update Service (numbers, dates, etc.) 741–6043 7684...... 34775 97...... 32633 TTY for the deaf-and-hard-of-hearing 741–6086 Executive Orders: Proposed Rules: 13159 (See Notice of 25...... 33659 ELECTRONIC RESEARCH June 10, 2003)...... 35149 36...... 34256 Administrative Orders: 39 ...... 32691, 32693, 32695, World Wide Web Notices: 33030, 33416, 33418, 33420, Full text of the daily Federal Register, CFR and other publications Notice of June 10, 33423, 33663, 33885, 34557, is located at: http://www.access.gpo.gov/nara 2003 ...... 35149 34843, 34847, 34849, 35186 71 ...... 33426, 33427, 34340 Federal Register information and research tools, including Public 4 CFR Inspection List, indexes, and links to GPO Access are located at: 81...... 33831 15 CFR http://www.archives.gov/federallregister/ 742...... 34526 E-mail 7 CFR 744...... 34192 2...... 35256 745...... 34526 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 319...... 34517 772...... 34192 an open e-mail service that provides subscribers with a digital 457...... 34261 774...... 34526 form of the Federal Register Table of Contents. The digital form 723...... 34777 Proposed Rules: of the Federal Register Table of Contents includes HTML and 800...... 32623 930...... 34851 PDF links to the full text of each document. 802...... 34519 To join or leave, go to http://listserv.access.gpo.gov and select 1400...... 33341 16 CFR Online mailing list archives, FEDREGTOC-L, Join or leave the list 1464...... 34777 Proposed Rules: (or change settings); then follow the instructions. Proposed Rules: 1500...... 35191 PENS (Public Law Electronic Notification Service) is an e-mail 810...... 33408 service that notifies subscribers of recently enacted laws. 3560...... 32872 17 CFR 3565...... 34552 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 1...... 34790 30...... 33623 and select Join or leave the list (or change settings); then follow 8 CFR the instructions. 40...... 33623 212...... 35151 FEDREGTOC-L and PENS are mailing lists only. We cannot 18 CFR 9 CFR respond to specific inquiries. 201...... 34795 Reference questions. Send questions and comments about the 82...... 34779 Federal Register system to: [email protected] 430...... 34208 19 CFR The Federal Register staff cannot interpret specific documents or Proposed Rules: 201...... 32081 regulations. 93...... 33028 204...... 32081 206...... 32081 10 CFR 207...... 32081 FEDERAL REGISTER PAGES AND DATE, JUNE 72...... 33611 210...... 32081 73...... 33611 32623–32954...... 2 212...... 32081 765...... 32955 32955–33338...... 3 20 CFR 33339–33610...... 4 12 CFR Proposed Rules: 33611–33830...... 5 615...... 33347, 33617 220...... 34341 33831–34260...... 6 703...... 32958 34261–34516...... 9 742...... 32958 21 CFR 34517–34774...... 10 1700...... 32627 165...... 34272 34775–35148...... 11 201...... 32979 13 CFR 35149–35264...... 12 310...... 33362, 34273 121...... 33348 347...... 33362 Proposed Rules: 349...... 32981 121...... 33412 350...... 34273 352...... 33362 14 CFR 369...... 34273 25...... 33834, 33836 510...... 33381, 34293 39 ...... 32629, 32967, 32968, 520...... 34533, 34795

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522 ...... 33856, 34533, 34796 30 CFR 271...... 34334, 34829 15...... 32720 524...... 33381 Proposed Rules: 439...... 34831 21...... 34560 558...... 34534 906...... 33032 712...... 34832 25...... 33666 601...... 34796 934...... 33035 Proposed Rules: 64...... 32720 878...... 32983 938...... 33037 Ch. I ...... 33898 73 ...... 33431, 33668, 33669 888...... 32635 51...... 32802 74...... 34560 Proposed Rules: 31 CFR 52 ...... 33041, 33042, 33043, 101...... 34560 201...... 33429 1...... 32638 33665, 33898, 33899, 34560 48 CFR 343...... 33429 210...... 33826 62...... 35191 594...... 34196 82...... 33284 2...... 33231 24 CFR 146...... 33902 32...... 33231 Proposed Rules: 33 CFR 194...... 33429 52...... 33231 1000...... 34344 252...... 33026 100...... 32639, 32641 42 CFR 117 ...... 32643, 34302, 34303, Proposed Rules: 25 CFR 34535, 34799, 34800, 34801 412...... 34122, 34494 15...... 33330 170...... 33625 165 ...... 32643, 32996, 32998, Proposed Rules: 31...... 33326 309...... 35164 33382, 33384, 33386, 33388, 412...... 33579, 34492 52...... 33326 33390, 33392, 33393, 33395, 413 ...... 33579, 34492, 34768 204...... 34879 26 CFR 33396, 33398, 33399, 33401, 206...... 33057 33402, 34303, 34305, 34307, 43 CFR 1 ...... 33381, 34293, 34797 34535, 34537, 34803, 35172 4...... 33794 49 CFR 31...... 34797 3800...... 32656 301...... 33857 Proposed Rules: 1...... 34548, 35183 4100...... 33794 602...... 34293, 34797 117...... 34877 107...... 32679 165 ...... 33894, 33896, 34370 5000...... 33794 171...... 32679 Proposed Rules: 173...... 32679 1 ...... 34344, 34874, 34875 36 CFR 44 CFR 177...... 32679 14a...... 34344 64...... 32657 180...... 32679 25...... 34875 215...... 33582 65...... 32659, 32660 375...... 35064 31...... 34875 230...... 34309 67...... 32664, 32669 377...... 35064 53...... 34875 242...... 33402 206...... 34545 567...... 33655 55...... 34875 251...... 35117 571...... 33655, 34838 156...... 34875 1253...... 33404 Proposed Rules: 574...... 33655 157...... 32698 67...... 32699, 32717 38 CFR 575...... 33655, 35184 301...... 33887 46 CFR 579...... 35132, 35145 602...... 32698 3...... 34539 13...... 34539 221...... 33405 597...... 33655 27 CFR 21 ...... 34319, 34326, 35177 Proposed Rules: 61...... 34332 47 CFR 171...... 34880 Proposed Rules: Proposed Rules: 2 ...... 32676, 33020, 33640, 172...... 34880 7...... 32698 20...... 33040 34336 173...... 34880 25...... 32698 21...... 34547 39 CFR 50 CFR 28 CFR 25...... 33640, 34336 111...... 33858, 34805 52...... 34547 17...... 34710 5...... 33629 73...... 32676, 33654 100...... 33402 571...... 34299, 34301 40 CFR 74...... 32676, 34336 635...... 35185 802...... 32985 51...... 33764 78...... 34336 648...... 33882 52 ...... 32799, 33000, 33002, 80...... 32676 660...... 32680 29 CFR 33005, 33008, 33010, 33012, 87...... 32676 679...... 34550 1910...... 32637 33014, 33018, 33631, 33633, 90...... 32676 Proposed Rules: 1926...... 35172 33635, 33638, 33873, 33875, 95...... 32676 16...... 33431 Proposed Rules: 34543, 34808, 34813, 34821 97...... 32676, 33020 17 ...... 33058, 33234, 34569 1910...... 33887, 34036 62...... 34332, 35181 Proposed Rules: 402...... 33806 1915...... 34036 180...... 33876, 34825 1...... 34560 648...... 33432 1926...... 34036 261...... 32645 2...... 33043, 33666 660...... 33670

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REMINDERS TRANSPORTATION Caribbean, Gulf, and South Pesticides; tolerances in food, The items in this list were DEPARTMENT Atlantic fisheries— animal feeds, and raw editorially compiled as an aid Federal Aviation South Atlantic pelagic agricultural commodities: to Federal Register users. Administration sargassum habitat; Allethrin, etc.; nomenclature Inclusion or exclusion from Airworthiness directives: comments due by 6-16- changes; comments due this list has no legal General Electric Co.; 03; published 4-17-03 by 6-17-03; published 4- significance. published 5-8-03 [FR 03-09490] 18-03 [FR 03-09484] Class E airspace; published 5- Northeastern United States Propylene oxide, etc.; 9-03 fisheries— nomenclature changes; RULES GOING INTO Atlantic mackerel, squid, comments due by 6-16- EFFECT JUNE 12, 2003 and butterfish; 03; published 4-17-03 [FR COMMENTS DUE NEXT comments due by 6-19- 03-09483] WEEK AGRICULTURE 03; published 5-20-03 FARM CREDIT DEPARTMENT [FR 03-12648] ADMINISTRATION AGRICULTURE Agricultural Marketing South Atlantic fisheries— Farm credit system: DEPARTMENT Service South Atlantic pelagic Financing eligibility and Agricultural Marketing Shell eggs, voluntary grading: sargassum habitat; scope, loan policies and Service USDA ‘‘Produced From’’ correction; comments operations, and general Nectarines and peaches grademark requirements; due by 6-16-03; provisions— grown in— published 5-5-03 [FR published 5-13-03 Credit and related California; comments due by 03-10802] Tobacco inspection: services; miscellaneous West Coast States and 6-20-03; published 4-21- amendments; comments Flue-Cured Tobacco 03 [FR 03-09672] Western Pacific Advisory Committee; due by 6-20-03; Potatoes (Irish) grown in— fisheries— membership regulations published 5-21-03 [FR Pacific Coast groundfish; amendments; published 5- Colorado; comments due by 03-12631] comments due by 6-17- 13-03 6-16-03; published 5-30- FEDERAL HOUSING 03 [FR 03-13519] 03; published 6-2-03 ENVIRONMENTAL [FR 03-13704] FINANCE BOARD PROTECTION AGENCY AGRICULTURE Federal home loan bank DEPARTMENT DEFENSE DEPARTMENT Water pollution; effluent system: Animal and Plant Health Civilian health and medical guidelines for point source program of uniformed Bank director eligibility, categories: Inspection Service appointment, elections; Exportation and importation of services (CHAMPUS): Metal products and comments due by 6-17- animals and animal TRICARE program— machinery; published 5- 03; published 3-19-03 [FR products: National Defense 13-03 03-06595] Portland International Authorization Act for FEDERAL 2002 FY; GENERAL SERVICES Airport, OR; livestock ADMINISTRATION COMMUNICATIONS exportation port implementation; medical COMMISSION designation; comments benefits, etc.; comments Federal Acquisition Regulation Radio broadcasting: due by 6-18-03; published due by 6-16-03; (FAR): World Radiocommunication 5-19-03 [FR 03-12389] published 4-16-03 [FR Federal Supply Schedules Conferences; frequency Interstate transportation of 03-09153] services and blanket bands below 28 MHz; animals and animal products Federal Acquisition Regulation purchase agreements; published 5-13-03 (quarantine): (FAR): comments due by 6-17- 03; published 4-18-03 [FR Correction; published 6-2- Exotic Newcastle disease; Federal Supply Schedules 03-09554] 03 quarantine area services and blanket HOMELAND SECURITY designations— purchase agreements; HEALTH AND HUMAN DEPARTMENT Texas and New Mexico; comments due by 6-17- SERVICES DEPARTMENT 03; published 4-18-03 [FR Coast Guard comments due by 6-16- Food and Drug 03-09554] Administration Anchorage regulations: 03; published 4-16-03 [FR 03-09322] ENVIRONMENTAL Medical devices: Texas; published 5-13-03 Plant-related quarantine, PROTECTION AGENCY General and plastic surgery HOMELAND SECURITY domestic: Air quality implementation devices— DEPARTMENT √ √ Asian longhorned bettle; plans; A approval and Silicone sheeting; Organization, functions, and comments due by 6-18- promulgation; various classification; comments authority delegations: 03; published 5-19-03 [FR States; air quality planning due by 6-18-03; Parole authority; 03-12390] purposes; designation of published 3-20-03 [FR areas: implementation; published AGRICULTURE 03-06646] Colorado; comments due by 6-12-03 DEPARTMENT Reports and guidance 6-16-03; published 5-15- POSTAL SERVICE documents; availability, etc.: Food Safety and Inspection 03 [FR 03-12025] Domestic Mail Manual: Service Developing Medical Imaging Air quality implementation Drug and Biological Restricted or nonmailable Meat and poultry inspection: plans; approval and Products; comments due articles and substances— Multi-serve, meal-type meat promulgation; various by 6-18-03; published 5- Infectious substances; and poultry products; States: 19-03 [FR 03-12370] mailing and packaging nutrient content claims; Pennsylvania; comments standards; published 6- comments due by 6-16- due by 6-19-03; published HEALTH AND HUMAN 6-03 03; published 4-16-03 [FR 5-20-03 [FR 03-12474] SERVICES DEPARTMENT 03-09258] TRANSPORTATION Tennessee; comments due Health insurance reform: DEPARTMENT COMMERCE DEPARTMENT by 6-16-03; published 5- Health Insurance Portability Organization, functions, and National Oceanic and 16-03 [FR 03-12178] and Accountability Act of authority delegations: Atmospheric Administration Utah; comments due by 6- 1996— Secretarial successsion; Fishery conservation and 16-03; published 5-15-03 Civil money penalties; published 6-12-03 management: [FR 03-12027] investigations

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procedures, penalties purchase agreements; McDonnell Douglas; www.nara.gov/fedreg/ imposition, and comments due by 6-17- comments due by 6-16- plawcurr.html. hearings; comments 03; published 4-18-03 [FR 03; published 4-15-03 [FR due by 6-16-03; 03-09554] 03-08892] The text of laws is not published in the Federal published 4-17-03 [FR NATIONAL ARCHIVES AND Raytheon; comments due by Register but may be ordered 03-09497] RECORDS ADMINISTRATION 6-20-03; published 5-5-03 in ‘‘slip law’’ (individual HOMELAND SECURITY NARA facilities: [FR 03-10726] DEPARTMENT pamphlet) form from the Public use; threats added Rolls-Royce Deutschland Superintendent of Documents, Coast Guard as prohibited behavior; Ltd. & Co. KG; comments U.S. Government Printing Ports and waterways safety: comments due by 6-17- due by 6-16-03; published Office, Washington, DC 20402 Port Valdez and Valdez 03; published 4-18-03 [FR 4-15-03 [FR 03-09017] (phone, 202–512–1808). The Narrows, AK; security 03-09585] Class E airspace; comments text will also be made zone; comments due by Correction; comments due due by 6-16-03; published available on the Internet from 6-15-03; published 5-16- by 6-17-03; published 4-21-03 [FR 03-09729] GPO Access at http:// 03 [FR 03-12183] 5-2-03 [FR 03-10808] TRANSPORTATION www.access.gpo.gov/nara/ Tampa Bay, FL; security SECURITIES AND DEPARTMENT nara005.html. Some laws may zones; comments due by EXCHANGE COMMISSION National Highway Traffic not yet be available. 6-17-03; published 4-18- Securities: Safety Administration 03 [FR 03-09650] S. 243/P.L. 108–28 Motor vehicle safety Regattas and marine parades, Nasdaq-listed securities; standards: Concerning participation of and drawbridge operations: uniform trading rules; petition; comments due by Taiwan in the World Health Toledo Tall Ships Parade, Occupant crash protection— 6-19-03; published 5-20- Organization. (May 29, 2003; OH; comments due by 6- Future air bags designed 03 [FR 03-12604] 117 Stat. 769) 15-03; published 5-20-03 to create less risk of [FR 03-12492] SOCIAL SECURITY serious injuries for small S. 330/P.L. 108–29 ADMINISTRATION HOMELAND SECURITY women and young Veterans’ Memorial DEPARTMENT Social security benefits and children, etc.; Preservation and Recognition supplemental security requirements phase-in; Act of 2003 (May 29, 2003; Critical Infrastructure comments due by 6-19- Information; handling income: 117 Stat. 772) Mental disorders; medical 03; published 5-5-03 procedures; comments due [FR 03-10945] S. 870/P.L. 108–30 by 6-16-03; published 4-15- evaluation criteria; 03 [FR 03-09126] comments due by 6-16- Motor vehicle theft prevention To amend the Richard B. 03; published 3-17-03 [FR standard: Russell National School Lunch JUSTICE DEPARTMENT 03-06278] Passenger motor vehicle Act to extend the availability Prisons Bureau of funds to carry out the fruit STATE DEPARTMENT theft data (2001 CY); Inmate control, custody, care, and vegetable pilot program. Claims and stolen property: comments due by 6-16- etc.: 03; published 4-15-03 [FR (May 29, 2003; 117 Stat. 774) Stolen property under treaty Emergency operations; 03-09186] Last List May 30, 2003 comments due by 6-16- with Mexico; CFR part TREASURY DEPARTMENT 03; published 4-16-03 [FR removed; comments due 03-09310] by 6-16-03; published 5- Comptroller of the Currency 16-03 [FR 03-12294] LIBRARY OF CONGRESS National banks: Public Laws Electronic Copyright Office, Library of TRANSPORTATION Securities; reporting and Notification Service Congress DEPARTMENT disclosure requirements; (PENS) Copyright Arbitration Royalty Federal Aviation comments due by 6-20- Panel rules and procedures: Administration 03; published 5-21-03 [FR 03-12259] Sound recordings and Airworthiness directives: PENS is a free electronic mail ephemeral recordings; Bell; comments due by 6- notification service of newly 16-03; published 4-16-03 enacted public laws. To digital performance right; LIST OF PUBLIC LAWS comments due by 6-19- [FR 03-09011] subscribe, go to http:// 03; published 5-20-03 [FR listserv.gsa.gov/archives/ Boeing; comments due by This is a continuing list of 03-12349] publaws-l.html 6-16-03; published 5-1-03 public bills from the current NATIONAL AERONAUTICS [FR 03-10728] session of Congress which Note: This service is strictly AND SPACE Dassault; comments due by have become Federal laws. It for E-mail notification of new ADMINISTRATION 6-19-03; published 5-20- may be used in conjunction laws. The text of laws is not Federal Acquisition Regulation 03 [FR 03-12110] with ‘‘PLUS’’ (Public Laws available through this service. (FAR): Learjet; comments due by Update Service) on 202–741– PENS cannot respond to Federal Supply Schedules 6-20-03; published 4-21- 6043. This list is also specific inquiries sent to this services and blanket 03 [FR 03-09430] available online at http:// address.

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