2–9–01 Friday Vol. 66 No. 28 Feb. 9, 2001 Pages 9641–9762
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1 II Federal Register / Vol. 66, No. 28 / Friday, February 9, 2001
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2 III
Contents Federal Register Vol. 66, No. 28
Friday, February 9, 2001
Agriculture Department Commerce Department See Animal and Plant Health Inspection Service See International Trade Administration See Forest Service See National Oceanic and Atmospheric Administration Air Force Department Committee for Purchase From People Who Are Blind or NOTICES Severely Disabled Agency information collection activities: NOTICES Proposed collection; comment request, 9696–9697 Procurement list; additions and deletions, 9685–9687 Alcohol, Tobacco and Firearms Bureau Consumer Product Safety Commission NOTICES NOTICES Firearms: Settlement agreements: USAS-12, Striker-12, and Streetsweeper shotguns; Hanro, USA, 9694–9696 registration period expiration; ruling availability, 9748–9749 Customs Service RULES Animal and Plant Health Inspection Service Articles conditionally free, subject to reduced rates, etc.: RULES Beverages made with Caribbean rum; duty-free treatment, Exportation and importation of animals and animal 9643–9647 products: Drawback: Rinderpest and foot-and-mouth disease; disease status Unused merchandise drawback; merchandise processing change— fee, 9647–9650 South Africa, 9641–9643 PROPOSED RULES Financial and accounting procedure: Army Department Defaulted payments; fees assessment; withdrawn, 9681 NOTICES Environmental statements; availability, etc.: Defense Department Base realignment and closure— See Air Force Department Stratford Army Engine Plant, CT, 9697 See Army Department Meetings: RULES Science Board, 9697 Civilian health and medical program of uniformed services (CHAMPUS): Blind or Severely Disabled, Committee for Purchase From TRICARE program— People Who Are Pharmacy Benefits Program, partial implementation; See Committee for Purchase From People Who Are Blind and National Defense Authorization Act for Fiscal or Severely Disabled Year 2001; implementation, 9651–9658 Civil Rights Commission Employment and Training Administration NOTICES NOTICES Meetings; Sunshine Act, 9687 Workforce Investment Act; implmentation: Work force development issues; document request, 9722– Coast Guard 9723 RULES Boating safety: Employment Standards Administration Recreational vessels operators; Federal blood alcohol NOTICES concentration standard Minimum wages for Federal and federally-assisted Effective date delay, 9658 construction; general wage determination decisions, Drawbridge operations: 9723–9724 Florida, 9660–9661 Massachusetts, 9659–9660 Energy Department Regattas and marine parades: See Federal Energy Regulatory Commission Events requiring permits, written notices, or neither; identification; final rule and withdrawal of interim Environmental Protection Agency rule RULES Effective date delay and conforming amendments, 9659 Air quality implementation plans; approval and Parker International Waterski Marathon, 9658–9659 promulgation; various States: Vessel documentation and management: Rhode Island, 9661–9663 Vessel ownership and financing; citizenship standards; Air quality planning purposes; designation of areas: effective date, 9673–9674 Washington, 9663–9673 NOTICES Grants and other Federal assistance: National Preparedness for Response Exercise Program: State and local assistance— Triennial exercise schedule for 2001, 2002, and 2003; Indian Tribes; environmental program grants; effective comment request, 9744–9747 date delay, 9661
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NOTICES Federal Transit Administration Confidential business information and data transfer, 9700 RULES Environmental statements; availability, etc.: Major capital investment projects; partial stay, 9677–9678 Agency statements— Comment availability, 9700–9701 Fish and Wildlife Service Weekly receipts, 9701–9702 PROPOSED RULES Toxic and hazardous substances control: Endangered and threatened species: New chemicals— Critical habitat designations— Receipt and status information, 9702–9705 Bay checkerspot butterfly, 9683–9684 NOTICES Executive Office of the President Endangered and threatened species permit applications, See Management and Budget Office 9715–9716 See Presidential Documents Meetings: Alaska Federal Subsistence Regional Advisory Council, Federal Aviation Administration 9685 NOTICES Reports and guidance documents; availability, etc.: Food and Drug Administration Repair design approvals with Transport Canada Civil RULES Aviation; reciprocal acceptance; policy statement; Animal drugs, feeds, and related products: comment request, 9747–9748 Pyrantel pamoate chewable tablets, 9650 NOTICES Federal Communications Commission Agency information collection activities: RULES Proposed collection; comment request, 9706–9709 Common carrier services: Submission for OMB review; comment request, 9709– Wireless telecommunications services— 9710 N11 codes and other abbreviated dialing arrangements, Food for human consumption: 9674–9675 Food Chemicals Codex; 4th Edition— Radio stations; table of assignments: Monographs, test procedures, and test solutions; Mississippi, 9675–9676 revisions; correction, 9710–9711 Oregon, 9676 Reports and guidance documents; availability, etc.: PROPOSED RULES Potassium iodide as a thyroid blocking agent in radiation Common carrier services: emergencies, 9711 Incumbent local exchange carriers— Depreciation requirements review; 1998 biennial Forest Service regulatory review, 9681–9682 NOTICES Radio stations; table of assignments: Meetings: Colorado, 9683 Alaska Federal Subsistence Regional Advisory Council, New Mexico, 9682–9683 9685 NOTICES Common carrier services: Health and Human Services Department Pine Ridge Reservation, SD; Western Wireless Corp. See Food and Drug Administration preemption petition, 9705 See Health Care Financing Administration See Substance Abuse and Mental Health Services Federal Energy Regulatory Commission Administration NOTICES Applications, hearings, determinations, etc.: Health Care Financing Administration Cove Point LNG L.P., 9697–9699 NOTICES Duke Energy McClain, L.L.C., 9699–9700 Agency information collection activities: Proposed collection; comment request, 9712 Federal Motor Carrier Safety Administration RULES Housing and Urban Development Department Motor carrier safety standards: NOTICES Small passenger-carrying commercial motor vehicle Grants and cooperative agreements; availability, etc.: definition; commercial motor vehicle operator Facilities to assist homeless— requirements Excess and surplus Federal property, 9713–9715 Effective date delay, 9677 Interior Department Federal Railroad Administration See Fish and Wildlife Service RULES See National Park Service Track safety standards: Gage restraint measuring systems: proper gage Internal Revenue Service management RULES Effective date delay, 9676–9677 Income taxes: Consolidated returns; filing; CFR correction, 9651 Federal Reserve System NOTICES International Trade Administration Banks and bank holding companies: NOTICES Formations, acquisitions, and mergers, 9705–9706 Export trade certificates of review, 9687
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International Trade Commission Lake Clark National Park Subsistence Resource NOTICES Commission, 9717–9718 Import investigations: Wrangell-St Elias National Park Subsistence Resource Abrasive products made using a process for making Commission, 9718 powder preforms, and products containing same, Native American human remains and associated funerary 9720–9721 objects: Oscillating sprinklers, sprinkler components, and Cranbrook Institute of Science, MI; Hopi Kachina nozzles, 9721–9722 initiation altar and Hopi water serpent altar, 9718– 9719 Labor Department Land Management Bureau, New Mexico State Office, See Employment and Training Administration NM— See Employment Standards Administration Inventory from New Mexico, et al., 9719–9720 See Labor-Management Standards Office Peabody Museum of Archaeology and Ethnology, Harvard See Mine Safety and Health Administration University, MA— Inventory from Arkansas, 9720 Labor-Management Standards Office NOTICES Labor-management standards: National Science Foundation Labor-Management Reporting and Disclosure Act; advice NOTICES exemption in section 203(c); interpretation; effective Meetings: date delay, 9724 Biological Infrastructure Advisory Panel, 9727 Design, Manufacture, and Industrial Innovation Special Management and Budget Office Emphasis Panel, 9727 NOTICES Developmental Mechanisms Advisory Panel, 9727 Federal Activities Inventory Reform Act of 1998; Electrical and Communications Systems Special implementation: Emphasis Panel, 9728 Agency Commercial Activities Inventories; public Environmental Research and Education Advisory availability, 9730–9731 Committee, 9728 Experimental and Integrative Activities Special Emphasis Mine Safety and Health Administration Panel, 9728 NOTICES Safety standard petitions: Aracoma Coal Co. et al., 9724–9725 Nuclear Regulatory Commission NOTICES National Archives and Records Administration Environmental statements; availability, etc.: NOTICES Calvert Cliffs Nuclear Power Plant, Inc., 9729–9730 Agency records schedules; availability, 9725–9727 Applications, hearings, determinations, etc.: Piasecki, Michael L., 9728 National Highway Traffic Safety Administration RULES Office of Management and Budget Motor vehicle safety standards: Metric conversion; tire standards; effective date, 9673– See Management and Budget Office 9674 Personnel Management Office National Oceanic and Atmospheric Administration NOTICES RULES Agency information collection activities: Fishery conservation and management: Proposed collection; comment request; correction, 9750 Alaska; fisheries of Exclusive Economic Zone— Atka mackerel, 9680 Pollock, 9679–9680 Presidential Documents Northeastern United States fishers— PROCLAMATIONS Atlantic sea scallop, 9678–9679 Special observances: NOTICES American Heart Month (Proc. 7406), 9757–9760 Agency information collection activities: Burn Awareness Week, National (Proc. 7407), 9761–9762 Proposed collection; comment request, 9687–9688 Grants and cooperative agreements; availability, etc.: Public Health Service Habitat restoration partnership projects, 9688–9694 See Food and Drug Administration National Park Service See Substance Abuse and Mental Health Services Administration NOTICES Environmental statements; availability, etc.: Andrews Air Force Base, MD; emergency tree pruning on Research and Special Programs Administration west runway, 9716–9717 NOTICES Environmental statements; notice of intent: Meetings: Crossroads of the American Revolution Special Resource Pipeline safety— Study, 9717 Integrity management in high consequence areas Meetings: (natural gas pipelines) and communications Aniakchak National Monument Subsistence Resource (natural gas and hazardous liquid pipelines); Commission, 9717 correction, 9748
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Saint Lawrence Seaway Development Corporation Transportation Department PROPOSED RULES See Coast Guard Seaway regulations and rules: See Federal Aviation Administration Tariff of tolls; fees and charges for 2001 navigation See Federal Motor Carrier Safety Administration season, 9751–9756 See Federal Railroad Administration See Federal Transit Administration Securities and Exchange Commission See National Highway Traffic Safety Administration NOTICES See Research and Special Programs Administration Meetings; Sunshine Act, 9731 See Saint Lawrence Seaway Development Corporation Self-regulatory organizations; proposed rule changes: See Surface Transportation Board Boston Stock Exchange, Inc., 9731–9734 RULES Chicago Stock Exchange, Inc., 9734–9735 Workplace drug and alcohol testing programs: International Securities Exchange LLC, 9735–9737 Procedures; revision; effective date, 9673–9674 National Association of Securities Dealers, Inc., 9737– 9739, 9750 Treasury Department Philadelphia Stock Exchange, Inc., 9739–9744 See Alcohol, Tobacco and Firearms Bureau Small Business Administration See Customs Service NOTICES See Internal Revenue Service Disaster loan areas: Massachusetts et al., 9744 Texas, 9744 Separate Parts In This Issue Meetings; district and regional advisory councils: Georgia, 9744 Part II Substance Abuse and Mental Health Services Department of Transportation, St Lawrence Seaway, 9751– Administration 9756 NOTICES Meetings: Part III Grant programs technical assistance workshops, 9712– The President, 9757–9762 9713 Surface Transportation Board NOTICES Reader Aids Rail carriers: Consult the Reader Aids section at the end of this issue for Control exemptions— phone numbers, online resources, finding aids, reminders, Texas Central Business Lines Corp., 9748 and notice of recently enacted public laws.
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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 Proclamations: 7406...... 9759 7407...... 9761 9 CFR 94...... 9641 19 CFR 10...... 9643 163...... 9643 178...... 9643 191...... 9647 Proposed Rules: 24...... 9681 21 CFR 520...... 9650 26 CFR 1...... 9651 32 CFR 199...... 9651 33 CFR 95...... 9658 100 (2 documents) ...... 9658, 9659 117 (3 documents) ...... 9659, 9660 177...... 9658 Proposed Rules: 401...... 9752 402...... 9752 40 CFR 31...... 9661 35...... 9661 52...... 9661 81...... 9663 46 CFR 10...... 9673 15...... 9673 67...... 9673 47 CFR 52...... 9674 64...... 9674 73 (2 documents) ....9675, 9676 Proposed Rules: 32...... 9681 43...... 9682, 73 (2 documents) ....9682, 9683 49 CFR 40...... 9673 213...... 9676 390...... 9677 571...... 9673 611...... 9677 50 CFR 648...... 9678 679 (2 documents) ...... 9679, 9680 Proposed Rules: 17...... 9683
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Rules and Regulations Federal Register Vol. 66, No. 28
Friday, February 9, 2001
This section of the FEDERAL REGISTER 14th Street and Independence Avenue 94.11 as regions considered to be free of contains regulatory documents having general SW., Washington, DC. Normal reading rinderpest and FMD. applicability and legal effect, most of which room hours are 8 a.m. to 4:30 p.m., On November 29, 2000, another are keyed to and codified in the Code of Monday through Friday, except suspected outbreak of FMD was Federal Regulations, which is published under holidays. To be sure someone is there to detected in the Republic of South 50 titles pursuant to 44 U.S.C. 1510. help you, please call (202) 690–2817 Africa, this time in the province of The Code of Federal Regulations is sold by before coming. Mpumalanga. Subsequently, on the Superintendent of Documents. Prices of APHIS documents published in the November 30, 2000, the Republic of new books are listed in the first FEDERAL Federal Register, and related South Africa’s National Department of REGISTER issue of each week. information, including the names of Agriculture notified the U.S. organizations and individuals who have Department of Agriculture and the commented on APHIS dockets, are Office International des Epizooties (OIE) DEPARTMENT OF AGRICULTURE available on the Internet at http:// with clinical confirmation of the FMD diagnosis. Animal and Plant Health Inspection www.aphis.usda.gov/ppd/rad/ The FMD outbreak in the province of Service webrepor.html. Mpumalanga is unrelated to the FOR FURTHER INFORMATION CONTACT: Dr. previous outbreak in the province of 9 CFR Part 94 Glen Garris, Supervisory Staff Officer, KwaZulu-Natal and, as noted above, is [Docket No. 00–122–1] Regionalization Evaluation Services the second introduction of the virus into Team, VS, APHIS, 4700 River Road Unit South Africa in 3 months. The Republic Change in Disease Status of the 38, Riverdale, MD 20737–1231; (301) of South Africa’s National Department Republic of South Africa Because of 734–4356. of Agriculture is still investigating the Foot-and-Mouth Disease SUPPLEMENTARY INFORMATION: virus’ mode of introduction into the AGENCY: Animal and Plant Health Background FMD-free area and is conducting Inspection Service, USDA. extensive serological surveillance The regulations in 9 CFR part 94 ACTION: Interim rule and request for outside the quarantined area to ensure (referred to below as the regulations) comments. that the disease is confined to the govern the importation of specified outbreak farm. Until the results of the SUMMARY: We are amending the animals and animal products into the epidemiological investigation and the regulations governing the importation of United States in order to prevent the surveillance program are known, we certain animals, meat, and other animal introduction of various animal diseases believe that it is necessary to impose products by removing the Republic of including rinderpest, foot-and-mouth restrictions on the entire Republic of South Africa from the list of regions disease (FMD), African swine fever, hog South Africa to protect the livestock of considered to be free of rinderpest and cholera, and swine vesicular disease. the United States from FMD. foot-and-mouth disease. We are taking These are dangerous and destructive Therefore, we are amending the this action because the existence of foot- communicable diseases of ruminants regulations in § 94.1 by removing the and-mouth disease has been confirmed and swine. Section 94.1 of the Republic of South Africa from the list of in two provinces in the Republic of regulations lists regions of the world regions considered to be free of South Africa. The effect of this action is that are declared free of rinderpest or rinderpest and FMD. We are also to prohibit or restrict the importation of free of both rinderpest and FMD. removing the Republic of South Africa any ruminant or swine and any fresh Rinderpest or FMD exists in all other from the list of regions in § 94.11 that (chilled or frozen) meat and other regions of the world not listed. Section are considered to be free of these products of ruminants or swine into the 94.11 of the regulations lists regions of diseases, but are subject to certain United States from the Republic of the world that have been declared free restrictions because of their proximity to South Africa. of rinderpest and FMD, but are subject or trading relationships with rinderpest- DATES: This interim rule was effective to certain restrictions because of their or FMD-affected regions. As a result of on November 6, 2000. We invite you to proximity to or trading relationships this action, the importation into the comment on this docket. We will with rinderpest- or FMD-affected United States of any ruminant or swine consider all comments that we receive regions. and any fresh (chilled or frozen) meat by April 10, 2001. On November 2, 2000, we published and other products of ruminants and ADDRESSES: Please send four copies of in the Federal Register an interim rule swine from any part of the Republic of your comment (an original and three (65 FR 65728–65729, Docket No. 00– South Africa is prohibited or restricted. copies) to: Docket No. 00–122–1, 104–1) to remove KwaZulu-Natal, a We are making these amendments Regulatory Analysis and Development, province in the Republic of South effective retroactively to November 6, PPD, APHIS, Suite 3C03, 4700 River Africa, from the list of regions 2000, because the disease may have Road, Unit 118, Riverdale, MD 20737– considered to be free of rinderpest and been present in the province of 1238. Please state that your comment FMD because FMD had been confirmed Mpumalanga for some time before it was refers to Docket No. 00–122–1. there. Prior to the publication of that detected on November 29, 2000. You may read any comments that we interim rule, the Republic of South Although we are removing the receive on this docket in our reading Africa, except the FMD-controlled area Republic of South Africa from the list of room. The reading room is located in that includes Kruger National Park, was regions considered to be free of room 1141 of the USDA South Building, among the regions listed in §§ 94.1 and rinderpest and FMD because of two
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separate outbreaks of FMD within a products by removing the Republic of than 0.06 percent of total U.S. imports short period, we recognize that the South Africa from the list of regions of these products.1 Therefore, U.S. price Republic of South Africa’s National considered to be free of rinderpest and and supply are not expected to be Department of Agriculture responded FMD. We are taking this action because affected by this rule. Further, any immediately to the detection of the the existence of FMD has been shortfall of supply could easily be met disease by imposing restrictions on the confirmed in two provinces in the from domestic or other sources, without movement of ruminants, swine, and Republic of South Africa. The effect of any significant effect on producer or ruminant and swine products from the this action is to prohibit or restrict the consumer prices. Therefore, this rule affected areas and by initiating measures importation of any ruminant or swine can be expected to produce economic to eradicate the disease. At the time of and any fresh (chilled or frozen) meat benefits by minimizing the risk of FMD publication of this interim rule, it and other products of ruminants or entering the United States with little to appears that the outbreak is well swine into the United States from the no effect on supply or consumer prices. controlled and currently confined to one Republic of South Africa. Under these circumstances, the FMD is among the most infectious farm only. Because of the Republic of Administrator of the Animal and Plant and destructive of all animal diseases. South Africa’s National Department of Health Inspection Service has While it rarely kills adult animals, the Agriculture’s efforts to ensure that FMD determined that this action will not does not spread beyond the previously virus may kill young and weak animals. have a significant impact on a affected province of KwaZulu-Natal and Production losses are substantial, and substantial number of small entities. the newly affected area in the province costs to eradicate the disease are high. of Mpumalanga, we intend to reassess A single outbreak of FMD in the United Executive Order 12988 the situation in accordance with the States has the potential to close our standards of the OIE. As part of that major livestock export markets This rule has been reviewed under reassessment process, we will consider overnight. During the eradication Executive Order 12988, Civil Justice all comments received on this interim process, most exports of meat, animals, Reform. This rule: (1) Preempts all State rule. This future reassessment will and animal byproducts would be and local laws and regulations that are enable us to determine whether it is curtailed. Additionally, if the early signs inconsistent with this rule; (2) has necessary to continue to prohibit or of an outbreak were not immediately retroactive effect to November 6, 2000; restrict the importation of ruminants or recognized, eradication could take and (3) does not require administrative swine and any fresh (chilled or frozen) years. Therefore, efforts to reduce the proceedings before parties may file suit meat and other products of ruminants or risk of the entry of FMD into the United in court challenging this rule. swine from the Republic of South States continue to be a high priority. Paperwork Reduction Act Africa, or whether we can restore Imports of infected animal products portions of the Republic of South Africa pose the greatest risk of entry for FMD This rule contains no new to the list of regions considered free of into the United States. The virus can information collection or recordkeeping rinderpest and FMD. survive in chilled, frozen, salted, cured, requirements under the Paperwork and partially cooked meats. Reduction Act of 1995 (44 U.S.C. 3501 Emergency Action Additionally, the virus can also be et seq). This rulemaking is necessary on an present in cheese, since the emergency basis to prevent the pasteurization process does not List of Subjects in 9 CFR Part 94 completely kill the virus. Strict introduction of FMD into the United Animal diseases, Imports, Livestock, quarantine regulations minimize the States. Under these circumstances, the Meat and meat products, Milk, Poultry risk of any infected products entering Administrator has determined that prior and poultry products, Reporting and the United States. With the exception of notice and opportunity for public recordkeeping requirements. comment are contrary to the public North and Central America (north of interest and that there is good cause Panama), Australia, New Zealand, Great Accordingly, we are amending 9 CFR under 5 U.S.C. 553 for making this rule Britain, and the majority of the part 94 as follows: effective less than 30 days after European Union (EU) countries, FMD is still present in many areas of the world. PART 94—RINDERPEST, FOOT-AND- publication in the Federal Register. MOUTH DISEASE, FOWL PEST (FOWL We will consider comments that are FMD was last reported in the United PLAGUE), EXOTIC NEWCASTLE received within 60 days of publication States in 1929, in Canada in 1952, and DISEASE, AFRICAN SWINE FEVER, of this rule in the Federal Register. in Mexico in 1954. HOG CHOLERA, AND BOVINE After the comment period closes, we The United States livestock industry SPONGIFORM ENCEPHALOPATHY: will publish another document in the plays a significant role in international PROHIBITED AND RESTRICTED Federal Register. The document will trade. Maintaining favorable trade IMPORTATIONS include a discussion of any comments conditions depends, in part, on we receive and any amendments we are continued aggressive efforts to prevent making to the rule as a result of the the entry of FMD into the United States. 1. The authority citation for part 94 comments. In 1999, the total earnings from exports continues to read as follows: of live cattle, swine, beef and veal, pork, Authority: Title IV, Pub. L. 106–224, 114 Executive Order 12866 and Regulatory and dairy products were approximately Stat. 438, 7 U.S.C. 7701–7772; 7 U.S.C. 450; Flexibility Act $4.818 billion, while the value of 19 U.S.C. 1306; 21 U.S.C. 111, 114a, 134a, This rule has been reviewed under imports was $5.671 billion. Livestock 134b, 134c, 134f, 136, and 136a; 31 U.S.C. Executive Order 12866. For this action, and related product exports generated 9701; 42 U.S.C. 4331 and 4332; 7 CFR 2.22, the Office of Management and Budget about $11.7 billion in output sales and 2.80, and 371.4. has waived its review process required created about 100,000 jobs in the United by Executive Order 12866. States. 1 In 1999, the total value of U.S. agricultural exports to the Republic of South Africa was about We are amending the regulations However, the value of live animals $196 million. The total value of U.S. agricultural governing the importation of certain and animal products imported from the imports from South Africa in 1999 was $106 animals, meat, and other animal Republic of South Africa represents less million.
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§ 94.1 [Amended] Act of 2000 to the Caribbean Basin In pertinent part, in order to be 2. In § 94.1, paragraph (a)(2) is Economic Recovery Act, also known as entitled to duty-free treatment under the amended by removing the words the Caribbean Basin Initiative (CBI), that CBI, an article otherwise eligible for ‘‘Republic of South Africa except the enables certain liqueurs and spirituous such treatment must be imported province of KwaZulu-Natal and except beverages to obtain duty-free entry directly from a beneficiary country into the foot-and-mouth disease controlled under specified conditions when the the customs territory of the United area (which extends from the Republic beverages are processed in the territory States (19 U.S.C. 2703(a)(1)(A); 19 CFR of South Africa’s border with of Canada from rum that is the growth, 10.193). Mozambique approximately 30 to 90 product or manufacture either of a CBI Accordingly, in the case of rum kilometers into the Republic of South beneficiary country or of the U.S. Virgin produced in a beneficiary country and Africa to include Kruger National Park Islands. The interim regulations set then imported into Canada for and surveillance and control zones forth the certification and supporting processing into a rum beverage, the around the park, and elsewhere extends, documentation requirements that are beverage would not be eligible for duty- from east to west, approximately 10 to necessary to establish compliance with free treatment under the CBI because it 20 kilometers into the Republic of South the statutory law, thereby ensuring that is not imported directly from a Africa along its borders with the rum beverages are properly entitled beneficiary country into the United Mozambique, Swaziland, Zimbabwe, to duty-free entry under the CBI. States. At the same time, the beverage Botswana, and the southeast part of the DATES: Interim rule effective on would also be ineligible for duty-free border with Namibia),’’. February 9, 2001. This interim rule is treatment under the North American effective for all products entered or Free Trade Agreement Implementation § 94.11 [Amended] withdrawn from warehouse for Act (19 U.S.C. 3301 et seq.) (NAFTA) 3. In § 94.11, paragraph (a) is consumption on or after February 9, because the processing it undergoes in amended by removing the words 2001. Comments must be received on or Canada would not be sufficient to ‘‘Republic of South Africa except the before April 10, 2001. qualify it as a NAFTA originating good province of KwaZulu-Natal and except (19 U.S.C. 3332; General Note 12, ADDRESSES: Written comments may be the foot-and-mouth disease controlled Harmonized Tariff Schedule of the addressed to and inspected at the area (which extends from the Republic United States (HTSUS); 19 CFR 181.131; Regulations Branch, U.S. Customs of South Africa’s border with and the appendix to 19 CFR part 181). Mozambique approximately 30 to 90 Service, 1300 Pennsylvania Avenue, kilometers into the Republic of South NW., 3rd Floor, Washington, DC 20229. Beverages Made in Canada With Africa to include Kruger National Park FOR FURTHER INFORMATION CONTACT: Caribbean Rum; Amendment of CBERA and surveillance and control zones Leon Hayward, Office of Field by Trade and Development Act of 2000 around the park, and elsewhere extends, Operations, (202–927–9704). To address the foregoing from east to west, approximately 10 to SUPPLEMENTARY INFORMATION: circumstances, the Caribbean Basin 20 kilometers into the Republic of South Economic Recovery Act has now been Background Africa along its borders with further amended by section 212 of the Mozambique, Swaziland, Zimbabwe, The Caribbean Basin Economic Trade and Development Act of 2000 Botswana, and the southeast part of the Recovery Act (19 U.S.C. 2701–2707) (Pub. L. 106–200, 114 Stat. 251, enacted border with Namibia),’’. (CBERA) establishes an economic on May 18, 2000) (Act). Section 212 of Done in Washington, DC, this 18th day of recovery program for nations of the this Act adds a new paragraph (a)(6) to January 2001. Caribbean and Central America. Under section 213(a) of the CBERA (19 U.S.C. Bobby R. Acord, the CBERA, also referred to as the 2703(a)(6)), in order to provide for duty- Acting Administrator, Animal and Plant Caribbean Basin Initiative (CBI), the free entry under certain conditions for Health Inspection Service. President is authorized to proclaim liqueurs and spirituous beverages that [FR Doc. 01–2166 Filed 2–8–01; 8:45 am] duty-free treatment for all eligible are produced in the territory of Canada BILLING CODE 3410–34–U articles of a beneficiary country (19 from rum that is the growth, product, or U.S.C. 2701). manufacture either of a beneficiary A beneficiary country under the CBI country under the CBI or of the U.S. DEPARTMENT OF THE TREASURY refers to any country listed in 19 U.S.C. Virgin Islands. 2702(b) with respect to which there is Specifically, under 19 U.S.C. Customs Service in effect a proclamation by the President 2703(a)(6), a liqueur or spirituous designating the country as a beneficiary beverage that is imported directly into 19 CFR Parts 10, 163 and 178 country for purposes of the CBI (19 the Customs territory of the United U.S.C. 2702(a)(1)(A)). A rule of origin States from the territory of Canada and [T.D. 01–17] specifies under what conditions an that is classifiable under subheading RIN 1515–AC78 article will be considered to be a 2208.90 or 2208.40, Harmonized Tariff product of a beneficiary country—in Schedule of the United States (HTSUS), Duty-Free Treatment for Certain brief, the article must be wholly the will be entitled to duty-free entry under Beverages Made With Caribbean Rum growth, product or manufacture of a the CBERA if such liqueur or beverage AGENCY: Customs Service, Department beneficiary country, or must be a new or is produced in the territory of Canada of the Treasury. different article of commerce that has from rum, provided that the rum: (1) Is been grown, produced, or manufactured ACTION: Interim rule; solicitation of the growth, product, or manufacture of comments. in the beneficiary country (19 U.S.C. a beneficiary country or of the U.S. 2703(a)). Virgin Islands; (2) is imported directly SUMMARY: This document amends the Sections 10.191 through 10.198b of into the territory of Canada from a Customs Regulations, on an interim the Customs Regulations (19 CFR beneficiary country or from the U.S. basis, in order to implement a change 10.191–10.198b) currently implement Virgin Islands; and (3) accounts for at made by the Trade and Development the duty-free aspects of the CBI. least 90 percent by volume of the
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alcoholic content of the liqueur or received the rum from the exporter or that are timely submitted to Customs. spirituous beverage. owner in the CBI beneficiary country or Customs specifically requests comments In order to implement the provision the U.S. Virgin Islands, as applicable; on the clarity of this interim rule and allowing for duty-free admission for and that the processor used the rum in how it may be made easier to liqueurs and spirituous beverages producing the liqueurs or other understand. Comments submitted will produced in the territory of Canada from spirituous beverages. Production be available for public inspection in Caribbean rum, Customs is issuing an records, for each lot of liqueur/beverage accordance with the Freedom of interim regulation (§ 10.199) which produced, must establish the quantity of Information Act (5 U.S.C. 552), § 1.4, prescribes the certification and rum qualifying under 19 U.S.C. Treasury Department Regulations (31 supporting documentary requirements 2703(a)(6) that is used in producing the CFR 1.4), and § 103.11(b), Customs and recordkeeping responsibilities that liqueur/beverage (non-qualifying rum Regulations (19 CFR 103.11(b)), on must be observed in order to afford may not be substituted for use in regular business days between the hours duty-free admission for those beverages producing the liqueurs or beverages); of 9:00 a.m. and 4:30 p.m. at the that properly qualify for such treatment, the alcoholic content by volume of the Regulations Branch, U.S. Customs and to otherwise ensure compliance finished liqueur/beverage; and the Service, 1300 Pennsylvania Avenue, with the requirements of the statutory specific alcoholic content by volume of NW., 3rd Floor, Washington, DC. law. the processed liqueur/beverage that is In this latter regard, the importer must attributable to the qualifying rum. Inapplicability of Notice and Delayed be prepared to submit to the port The importer must be prepared to Effective Date Requirements, the director, if requested, documentary submit to the port director, if requested, Regulatory Flexibility Act, and evidence that the liqueurs or rum the declaration and/or the underlying Executive Order 12866 beverages were imported into the U.S. documentation, including any Pursuant to the provisions of 5 U.S.C. directly from the territory of Canada. supporting documents and records, 553(b)(B), Customs has determined that This evidence may include documents necessary for the preparation of the good cause exists for dispensing with such as a bill of lading, invoice, air declaration, for a period of 5 years from prior public notice and comment waybill, freight waybill, or cargo the date of entry of the related liqueurs procedures on these interim regulations. manifest. Likewise, the port director or spirituous beverages, as provided in The interim regulations afford a may require that the importer submit § 163.4(a), Customs Regulations (19 CFR preferential tariff benefit to the documentary evidence that the rum 163.4(a)). If requested during this time, importing public; they reflect, and used in producing the liqueurs or the importer must submit to the port provide a necessary and reasonable spirituous beverages was imported director the declaration and/or any means for enforcing, statutory directly into the territory of Canada underlying documentation within 60 requirements that are already in effect; from a beneficiary country or from the calendar days of the date of the request and they closely parallel existing U.S. Virgin Islands. This evidence may or any additional period as the port regulatory provisions that implement include documents such as a Canadian director may allow for good cause similar trade preference programs. Also, customs entry, Canadian customs shown. The declaration and related for these same reasons, there is no need invoice, Canadian customs manifest, documentation may be subject to such for a delayed effective date under 5 cargo manifest, bill of lading, landing verification as the port director deems U.S.C. 553(d). Because no notice of certificate, airway bill, or freight necessary. waybill. In either case, any evidence of Also, the foregoing time periods apply proposed rulemaking is required for direct shipment, as described, may be to the retention and submission of interim regulations, the provisions of subject to such verification as deemed documentary evidence concerning the the Regulatory Flexibility Act (5 U.S.C. necessary by the port director. origin of the rum, its direct shipment 601 et seq.) do not apply. Nor does this In addition, the importer must be into the territory of Canada and the document meet the criteria for a ready to present directly to the port direct shipment of the corresponding ‘‘significant regulatory action’’ as director, if requested, a declaration finished liqueurs and spirituous specified in E.O. 12866. prepared by the producer or beverages from Canada into the United Paperwork Reduction Act manufacturer of the rum in the States. beneficiary country (or in the U.S. Furthermore, the importer must The collection of information Virgin Islands, if applicable) that attests establish and implement a system of involved in this interim rule has already to the specific origin of the rum. Any internal controls which demonstrate been approved by the Office of records, including production records, that reasonable care was exercised in Management and Budget (OMB) in supporting the declaration must the claim for duty-free treatment under accordance with the Paperwork likewise be available for submission to the CBI. These controls should include Reduction Act of 1995 (44 U.S.C. 3507) the port director, and the declaration tests to assure the accuracy and and assigned OMB Control Number and supporting records may be subject availability of records that evidence: the 1515–0194 (Documentation to any verification believed necessary by origin of the rum; the direct shipment of requirements for articles entered under the port director. the rum from a beneficiary country or various special tariff treatment Moreover, the importer must be from the U.S. Virgin Islands to Canada; provisions). This collection includes a prepared to submit directly to the port the alcohol content of the finished claim for duty-free entry of eligible director, if requested, a declaration liqueur/beverage imported from Canada; articles under the Caribbean Basin prepared by the Canadian processor and the direct shipment of the finished Initiative. This rule does not present any who produced the liqueur(s) or liqueur/beverage from Canada to the substantive changes to the existing spirituous beverage(s) for which duty- United States. approved information collection. An free entry is claimed under section agency may not conduct or sponsor, and 213(a)(6) of the Caribbean Basin Comments a person is not required to respond to, Economic Recovery Act (19 U.S.C. Before adopting this interim a collection of information unless the 2703(a)(6)). The declaration must affirm, regulation as a final rule, consideration collection of information displays a among other things, that the processor will be given to any written comments valid control number assigned by OMB.
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Part 178, Customs Regulations (19 by adding, in its place, the reference under the CBI, the liqueur or spirituous CFR part 178), containing the list of ‘‘§ 10.199’’. beverage must be imported directly into approved information collections, is 3. Part 10 is amended by adding a the customs territory of the United revised to make reference to new new § 10.199 under the heading entitled States from Canada; and the rum used § 10.199. ‘‘CARIBBEAN BASIN INITIATIVE’’ to in its production must have been imported directly into the territory of List of Subjects read as follows: Canada either from a beneficiary 19 CFR PART 10 § 10. 199 Duty-free entry for certain country or from the U.S. Virgin Islands. beverages produced in Canada from (1) ‘‘Imported directly’’ into the Customs duties and inspection, Caribbean rum. Exports, Foreign relations, Imports, customs territory of the United States (a) General. A liqueur or other from Canada means: International traffic, Preference spirituous beverage that is imported programs, Reporting and recordkeeping (i) Direct shipment from the territory directly from the territory of Canada and of Canada to the U.S. without passing requirements, Shipments, Trade that is classifiable under subheading agreements (Caribbean Basin Initiative, through the territory of any other 2208.40 or 2208.90, Harmonized Tariff country; or Generalized System of Preferences, U.S.- Schedule of the United States (HTSUS), Canada Free Trade Agreement, etc.). (ii) If the shipment is from the will be entitled, upon entry or territory of Canada to the U.S. through 19 CFR PART 163 withdrawal from warehouse for the territory of any other country, the consumption, to duty-free treatment liqueurs and spirituous beverages do not Administrative practice and under section 213(a)(6) of the Caribbean procedure, Customs duties and enter into the commerce of any other Basin Economic Recovery Act (19 U.S.C. country while en route to the U.S.; or inspection, Imports, Reporting and 2703(a)(6)), also known as the Caribbean recordkeeping requirements. (iii) If the shipment is from the Basin Initiative (CBI), if the liqueur or territory of Canada to the U.S. through 19 CFR PART 178 spirituous beverage has been produced the territory of another country, and the in the territory of Canada from rum, Administrative practice and invoices and other documents do not provided that the rum: procedure, Collections of information, show the U.S. as the final destination, (1) Is the growth, product, or Imports, Paperwork requirements, the liqueurs and spirituous beverages in manufacture either of a beneficiary Reporting and recordkeeping the shipment are imported directly only country or of the U.S. Virgin Islands; if they: requirements. (2) Was imported directly into the (A) Remained under the control of the territory of Canada from a beneficiary Amendments to the Regulations customs authority of the intermediate country or from the U.S. Virgin Islands; country; Accordingly, parts 10, 163 and 178, and Customs Regulations (19 CFR parts 10, (3) Accounts for at least 90 percent of (B) Did not enter into the commerce 163 and 178), are amended as set forth the alcoholic content by volume of the of the intermediate country except for below. liqueur or spirituous beverage. the purpose of sale other than at retail, (b) Claim for exemption from duty and the port director is satisfied that the PART 10—ARTICLES CONDITIONALLY under CBI. A claim for an exemption importation results from the original FREE, SUBJECT TO A REDUCED from duty for a liqueur or spirituous commercial transaction between the RATE, ETC. beverage under section 213(a)(6) of the importer and the producer or the latter’s sales agent; and 1. The general authority for part 10 is Caribbean Basin Economic Recovery Act (C) Were not subjected to operations revised to read as follows, and the (19 U.S.C. 2703(a)(6)) may be made by other than loading and unloading, and specific sectional authority for part 10 is entering such liqueur or beverage under other activities necessary to preserve the amended by removing the sectional subheading 9817.22.05, HTSUS, on the products in good condition. authority citation, ‘‘sections 10.191 entry summary document or its (2) ‘‘Imported directly’’ from a through 10.198b also issued under 19 electronic equivalent. In order to claim beneficiary country or from the U.S. U.S.C. 2701 et seq.’’, and by adding a the exemption, the importer must have Virgin Islands into the territory of new sectional authority citation in its the records described in paragraphs (d), Canada means: place to read as follows: (e), (f) and (g) of this section so that, upon Customs request, the importer can (i) Direct shipment from a beneficiary Authority: 19 U.S.C. 66, 1202 (General country or from the U.S. Virgin Islands Note 22, Harmonized Tariff Schedule of the establish that: (1) The rum used to produce the into the territory of Canada without United States (HTSUS)), 1321, 1481, 1484, passing through the territory of any non- 1498, 1508, 1623, 1624, 3314. liqueur/beverage is the growth, product beneficiary country; or * * * * * or manufacture either of a beneficiary country or of the U.S. Virgin Islands; (ii) If the shipment is from a Sections 10.191 through 10.199 also beneficiary country or from the U.S. issued under 19 U.S.C. 2701 et seq.; (2) The rum was shipped directly from a beneficiary country or from the Virgin Islands into the territory of * * * * * U.S. Virgin Islands to Canada; Canada through the territory of any non- 2. In § 10.191: (3) The liqueur/beverage was beneficiary country, the rum does not a. Paragraph (b)(1) is amended by produced in Canada; enter into the commerce of any non- removing the reference ‘‘§ 10.198b’’ and (4) The rum accounts for at least 90% beneficiary country while en route to by adding, in its place, the reference of the alcohol content of the liqueur/ Canada; or ‘‘§ 10.199’’; beverage; and (iii) If the shipment is from a b. Paragraph (b)(3) is amended by (5) The liqueur/beverage was shipped beneficiary country or from the U.S. removing the reference ‘‘§ 10.198a’’ and directly from Canada to the United Virgin Islands into the territory of by adding, in its place, the reference States. Canada through the territory of any non- ‘‘§ 10.199’’; and (c) Imported directly. For liqueur or beneficiary country, the rum in the c. Paragraph (b)(4) is amended by other spirituous beverage imported from shipment is imported directly into the removing the reference ‘‘§ 10.198b’’ and Canada to qualify for duty-free entry territory of Canada only if it:
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(A) Remained under the control of the considered to have been grown, Alcoholic customs authority of the intermediate produced, or manufactured in a content of country; beneficiary country or in the U.S. Virgin Marks and Description of products; al- (B) Did not enter into the commerce products and coholic con- Islands by virtue of having merely numbers of processing tent (%) at- of the intermediate country except for undergone blending, combining or tributable to the purpose of sale other than at retail; packaging operations, or mere dilution rum 1 and with water or mere dilution with (C) Was not subjected to operations in another substance that does not ...... the intermediate country other than ...... materially alter the characteristics of the ...... loading and unloading, and other product. activities necessary to preserve the ...... (2) Evidence of origin of rum.—(i) ...... product in good condition. (d) Evidence of direct shipment. Declaration. The importer must be 1 The production records must establish, for (1) Liqueurs or spirituous beverages prepared to submit directly to the port each lot of liqueur/beverage produced, the imported from Canada. The importer director, if requested, a declaration quantity of rum the growth, product or manu- prepared and signed by the person who facture of a CBI beneficiary country or of the must be prepared to provide to the port U.S. Virgin Islands under 19 U.S.C. 2703(a)(6) director, if requested, documentary produced or manufactured the rum, that is used in producing the finished liqueur/ evidence that the liqueurs or spirituous affirming that the rum is the growth, beverage; the alcoholic content by volume of beverages were imported directly from product or manufacture of a beneficiary the finished liqueur/beverage; and the alco- country or of the U.S. Virgin Islands. holic content by volume of the finished liqueur/ the territory of Canada, as described in beverage, expressed as a percentage, that is paragraph (c)(1) of this section. This While no particular form is prescribed attributable to the qualifying rum. If rum from evidence may include documents such for the declaration, it must include all two or more qualifying sources (e.g., rum the as a bill of lading, invoice, air waybill, pertinent information concerning the growth, product or manufacture of a CBI bene- processing operations by which the rum ficiary country or of the U.S. Virgin Islands and freight waybill, or cargo manifest. Any other rum the growth, product or manufacture evidence of the direct shipment of these was produced or manufactured, the of another CBI country) are used in proc- liqueurs or spirituous beverages from address of the producer or essing the liqueur/beverage, the alcoholic con- Canada into the U.S. may be subject to manufacturer, the title of the party tent requirement may be met by aggregating signing the declaration, and the date it the alcoholic content of the finished liqueur/ such verification as deemed necessary beverage that is attributable to rum from each by the port director. is signed. of the qualifying sources used in processing (2) Rum imported into Canada from (ii) Records supporting declaration. the finished liqueur/beverage, as reflected in beneficiary country or U.S. Virgin The supporting records, including those the production records. Islands. The importer must be prepared production records, that are necessary Date llllllllllllllllll to provide to the port director, if for the preparation of the declaration Address llllllllllllllll requested, evidence that the rum used must also be available for submission to Signature llllllllllllllll in producing the liqueurs or spirituous the port director if requested. The Title llllllllllllllllll beverages was imported directly into the declaration and any supporting (2) Availability of supporting territory of Canada from a beneficiary evidence as to the origin of the rum may documents. The information, including country or from the U.S. Virgin Islands, be subject to such verification as any supporting documents and records, as described in paragraph (c)(2) of this deemed necessary by the port director. necessary for the preparation of the section. This evidence may include (f) Canadian processor declaration; declaration, as described in paragraph documents such as a Canadian customs supporting documentation.—(1) (f)(1) of this section, must be available entry, Canadian customs invoice, Canadian processor declaration. The for submission to the port director, if Canadian customs manifest, cargo importer must be prepared to submit requested. The declaration and any manifest, bill of lading, landing supporting evidence may be subject to directly to the port director, if certificate, airway bill, or freight such verification as deemed necessary requested, a declaration prepared by the waybill. Any evidence of the direct by the port director. The specific person who produced the liqueur(s) shipment of the rum from a beneficiary documentary evidence necessary to and/or the spirituous beverage(s) in country or from the U.S. Virgin Islands support the declaration consists of those Canada, setting forth all pertinent into the territory of Canada for use there documents and records which information concerning the production in producing the liqueurs or other satisfactorily establish: of the liqueurs/beverages. The spirituous beverages may be subject to (i) The receipt of the rum by the declaration will be in substantially the such verification as deemed necessary Canadian processor, including the date following form: by the port director. of receipt and the name and address of (e) Origin of rum used in production I, lll declare that the liqueurs the party from whom the rum was of liqueur or spirituous beverage. and/or spirituous beverages here received (the owner or exporter in the (1) Origin criteria. In order for a specified are the products that were beneficiary country or the U.S. Virgin liqueur or spirituous beverage covered produced by me (us), as described Islands); and by this section to be entitled to duty-free below, with the use of rum that was (ii) For each lot of liqueur/beverage entry under the CBI, the rum used in received by me (us); that the rum used produced and included in the producing the liqueur or spirituous in producing the liqueurs/beverages was declaration, the specific identification of beverage in the territory of Canada must received by me (us) on lll (date), the production lot(s) involved; the be wholly the growth, product, or from lll (name and address of owner quantity of qualifying rum that is used manufacture either of a beneficiary or exporter in the beneficiary country or in producing the finished liqueur/ country under the CBI or of the U.S. in the U.S. Virgin Islands, as beverage, including a description of the Virgin Islands, or must constitute a new applicable); and that such rum accounts processing and of the finished products; or different article of commerce that was for at least 90 percent of the alcoholic the alcoholic content by volume of the produced or manufactured in a content by volume, as shown below, of finished liqueur/beverage; and the beneficiary country or in the U.S. Virgin each liqueur or spirituous beverage so alcoholic content by volume of the Islands. Such rum will not be produced. finished liqueur/beverage, expressed as
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a percentage, that is attributable to the section, for a period of 5 years from the Appendix to Part 163—Interim (a)(1)(A) qualifying rum. date of entry of the related liqueurs and List (g) Importer system for review of spirituous beverages under section * * * * * necessary recordkeeping. The importer 213(a)(6) of the Caribbean Basin will establish and implement a system Economic Recovery Act (19 U.S.C. IV. * * * of internal controls which demonstrate 2703(a)(6)), as provided in § 163.4(a) of § 10.199 Documents, etc. required for duty- that reasonable care was exercised in its this chapter. If requested, the importer free entry of liqueurs and/or spirituous beverages produced in Canada from CBI rum, claim for duty-free treatment under the must submit such documents and/or CBI. These controls should include tests declaration of Canadian processor (plus supporting records to the port director to assure the accuracy and availability supporting information. within 60 calendar days of the date of of records that establish: * * * * * (1) The origin of the rum; the request or such additional period as (2) The direct shipment of the rum the port director may allow for good PART 178—APPROVAL OF from a beneficiary country or from the cause shown. INFORMATION COLLECTION U.S. Virgin Islands to Canada; REQUIREMENTS (3) The alcohol content of the finished PART 163—RECORDKEEPING liqueur/beverage imported from Canada; 1. The authority citation for part 178 and 1. The authority citation for part 163 continues to read as follows: (4) The direct shipment of the continues to read as follows: Authority: 5 U.S.C. 301; 19 U.S.C. 1624; 44 finished liqueur/beverage from Canada Authority: 5 U.S.C. 301; 19 U.S.C. 66, U.S.C. 3501 et seq. to the United States. 1484, 1508, 1509, 1510, 1624. 2. Section 178.2 is amended by (h) Submission of documents to adding the following in appropriate 2. The Appendix to part 163 is Customs. The importer must be numerical sequence according to the prepared to submit directly to the port amended by adding the following new section number under the columns director, if requested, those documents listing under section IV in appropriate indicated: and/or supporting records as described numerical order to read as follows: in paragraphs (d), (e) and (f) of this § 178.2 Listing of OMB control numbers.
OMB control 19 CFR Section Description No.
******* § 10.199 ...... Claim for duty-free entry of rum beverages from Canada 1515–0194 under the Caribbean Basin Initiative.
*******
Raymond W. Kelly, fees are eligible to be claimed as unused SUPPLEMENTARY INFORMATION: Commissioner of Customs. merchandise drawback. The change is Background Approved: February 5, 2001. made to reflect a recent court decision Timothy E. Skud, in which merchandise processing fees Merchandise Processing Fees—19 U.S.C. Acting Deputy Assistant Secretary of the were found to be assessed under Federal 58c(a)(9)(A) Treasury. law and imposed by reason of Merchandise processing fees are fees [FR Doc. 01–3360 Filed 2–8–01; 8:45 am] importation and therefore eligible to be the Secretary of the Treasury charges claimed as unused merchandise BILLING CODE 4820–02–U and collects for the processing of drawback pursuant to 19 U.S.C. 1313(j). merchandise that is formally entered or The amendment will require a drawback released into the United States. See 19 DEPARTMENT OF THE TREASURY claimant to apportion the merchandise U.S.C. 58c(a)(9)(A). A merchandise processing fee to that merchandise that processing fee is assessed in an amount Customs Service provides the basis for drawback. equal to 0.21 percent of the value of the DATES: This interim rule is effective imported merchandise, as determined 19 CFR Part 191 February 9, 2001. Comments must be under 19 U.S.C. 1401a. Merchandise [T.D. 01–18] received on or before April 10, 2001. processing fees are subject to two ADDRESSES: Written comments monetary limits: RIN 1515–AC67 (preferably in triplicate) may be (1) A cap of $485 is imposed by 19 submitted to and inspected at the U.S.C. 58c(a)(9)(B)(i) for any release or Merchandise Processing Fee Eligible Regulations Branch, Office of entry, including weekly Free Trade To Be Claimed as Unused Merchandise Regulations and Rulings, U.S. Customs Zone entries (see section 410 of the Drawback Service, 1300 Pennsylvania Avenue, Trade and Development Act of 2000, AGENCY: Customs Service, Department NW., 3rd Floor, Washington, DC 20229. Pub. L. 106–200, 114 Stat. 251, enacted of the Treasury. FOR FURTHER INFORMATION CONTACT: on May 18, 2000), for which the value ACTION: Interim rule; solicitation of William G. Rosoff, Chief, Duty and of merchandise subject to the fee ÷ comments. Refund Determinations Branch, Office exceeds $230,952.38 ($485 .0021 = of Regulations and Rulings, U.S. $230,952.38); and SUMMARY: This document amends the Customs Service, 1300 Pennsylvania (2) For certain monthly entries, as Customs Regulations on an interim basis Avenue, NW., Washington, DC 20029, prescribed by Pub. L. 101–382, section to indicate that merchandise processing Tel. (202) 927–2265. 111(f), as amended, and implemented
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by § 24.23(d) of the Customs Regulations In this document, Customs is any drawback claim where not all of the (19 CFR 24.23(d)), the merchandise amending the regulations to reflect the merchandise in a particular entry processing fee is limited to the lesser of holding in Texport and to provide provides a basis for drawback, it is the following: examples of apportionment necessary for a claimant to calculate the (i) A cap of $400 where the value of calculations. Amendments are made to value of each line item of entered the merchandise subject to the fee §§ 191.2(u), 191.3, and 191.51 of the merchandise subject to the fee, relative exceeds $190,476.19 ($400 ÷ .0021 = Customs Regulations. Section 191.3 is to the value of the entire entry subject $190,476.19); or amended to reflect that a merchandise to the fee. The resulting figure (ii) The amount determined by processing fee is now subject to unused constitutes the ‘‘relative value ratio’’. applying the ad valorem rate under merchandise drawback. Section 191.51 Second, the relative value ratio for each paragraph (b)(1)(i)(A) of § 24.23 to the is amended to reflect how a claimant is line item is multiplied by the amount of total value of such daily importations. to calculate the portion of a merchandise processing fee paid in merchandise processing fee that is Drawback—19 U.S.C. 1313 connection with the entry. The resulting eligible to be claimed as unused figures represent the amount of merchandise drawback. A conforming Section 313 of the Tariff Act of 1930, merchandise processing fee attributable change is made to § 191.2(u). A more as amended (19 U.S.C. 1313), concerns to each line item. Third, the amount of detailed explanation of the amendments drawback and refunds. Drawback is a merchandise processing fee attributable is set forth below. refund of certain duties, taxes and fees to each line item that provides the basis paid by the importer of record and 19 CFR 191.3 for unused merchandise drawback is granted to a drawback claimant under Section 191.3 of the Customs multiplied by 99 percent. The resulting specific conditions. There are several Regulations (19 CFR 191.3) identifies figure represents that portion of the types of drawback. Section 1313(j) those duties and fees that are subject to, merchandise processing fee attributable concerns drawback for ‘‘unused or ineligible for, drawback. Paragraph to each line item that is eligible to be merchandise,’’ and provides, pursuant (a) of this section enumerates those claimed as unused merchandise to specific conditions set forth therein, duties that are subject to drawback. drawback, as per section 1313(j). Lastly, that a refund of 99 percent of each duty, Paragraph (b) sets forth those duties and in order to calculate the amount of tax, or fee ‘‘imposed under Federal law fees that are deemed ineligible for merchandise processing fee eligible for because of [an article’s] importation’’ drawback. In paragraph (b)(2), drawback per unit of merchandise, the will be refunded as drawback. merchandise processing fees are amount of fee that is eligible to be Merchandise Processing Fees Eligible To specifically identified as ineligible for claimed as unused merchandise Be Claimed as Unused Merchandise drawback. drawback per line item is divided by the Drawback In view of the recent judicial number of units covered by that line interpretation of section 1313(j)(2) in item. The issue of whether a merchandise which merchandise processing fees As § 191.51(b) requires that a processing fee is ‘‘imposed under were deemed subject to unused drawback claimant correctly calculate Federal law because of [an article’s] merchandise drawback, §§ 191.3(a) and the amount of drawback due, and a importation,’’ and therefore eligible to (b)(2) of the Customs Regulations are claim for unused merchandise drawback be claimed as unused merchandise amended to reflect that determination. for a merchandise processing fee will drawback pursuant to the terms of A new paragraph (a)(4) is added to section 1313(j), was recently examined provide that merchandise processing necessarily involve an apportionment by the Court of Appeals for the Federal fees are eligible to be claimed as unused calculation, this provision is amended Circuit in Texport Oil v. United States, merchandise drawback. Paragraph (b)(2) to reflect that fact and to provide 185 Fd. 3d 1291 (Fed. Cir. 1999). In that is amended so as to provide that examples of the manner by which such case, the court held that as merchandise merchandise processing fees are apportionment calculations are to be processing fees are ‘‘assessed under ineligible for drawback except when made. Federal law’’ (pursuant to 19 U.S.C. unused merchandise drawback is 19 CFR 191.2(u) 58c(a)(9)) and ‘‘explicitly linked to claimed. import activities,’’ they are imposed by Section 191.2(u) of the Customs 19 CFR 191.51 reason of importation and therefore Regulations (19 CFR 191.2(u)) sets forth subject to unused merchandise Section 191.51(b) of the Customs the definition of the term ‘‘relative drawback by application of the statute. Regulations requires a drawback value’’ for purposes of part 191. claimant to correctly calculate the Amendment to the Customs Regulations A drawback claimant is required to amount of drawback due when To implement the court’s completing a drawback entry. calculate the ‘‘relative value ratio’’ when interpretation of 19 U.S.C. 1313(j), it is As stated above, the court’s determining what portion of a necessary to amend the Customs interpretation of 19 U.S.C. 1313(j) merchandise processing fee is eligible Regulations to provide that merchandise requires that a drawback claimant for unused merchandise drawback. See processing fees are now subject to apportion a merchandise processing fee the amended text of § 191.51(b) of the unused merchandise drawback, and to to that merchandise that provides the Customs Regulations (19 CFR add apportionment language. basis for unused merchandise drawback 191.51(b)), discussed below. As the term Apportionment language is necessary in order to correctly calculate the ‘‘relative value ratio,’’ as used in because in order for a drawback amount of drawback due. § 191.51(b), as amended, does not share claimant to correctly calculate the In order for a drawback claimant to be the same meaning as the term ‘‘relative amount of drawback due, the claimant able to ascertain what portion of a value’’ as set forth in § 191.2(u), and the must apportion the merchandise merchandise processing fee is eligible to two terms are similar enough to processing fee to that merchandise that be claimed as unused merchandise potentially cause confusion, § 191.2(u) provides the basis for unused drawback, a four-step apportionment is amended so as to exclude merchandise drawback. calculation is necessary. First, as with applicability to § 191.51(b).
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Comments List of Subjects U.S.C. 1313(j) for a merchandise processing fee paid pursuant to 19 19 CFR Part 191 Before adopting this interim U.S.C. 58c(a)(9)(A), the claimant is regulation as a final rule, consideration Claims, Commerce, Customs duties required to correctly apportion the fee to will be given to any written comments and inspection, Drawback. that merchandise that provides the basis timely submitted to Customs, including Amendment to the Regulations for drawback when calculating the comments on the clarity of this interim amount of drawback requested on the rule and how it may be made easier to For the reason stated above, part 191 drawback entry. This is determined as understand. Comments submitted will of the Customs Regulations (19 CFR part follows: be available for public inspection in 191), is amended as set forth below. (i) Relative value ratio for each line accordance with the Freedom of item. The value of each line item of Information Act (5 U.S.C. 552), § 1.4 of PART 191—DRAWBACK entered merchandise subject to a the Treasury Department Regulations 1. The general authority citation for merchandise processing fee is (31 CFR 1.4), and § 103.11(b) of the part 191 continues to read as follows: calculated (to four decimal places) by Customs Regulations (19 CFR dividing the value of the line item 103.11(b)), on regular business days Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202 subject to the fee by the total value of between the hours of 9 a.m. and 4:30 (General Note 20, Harmonized Tariff entered merchandise subject to the fee. Schedule of the United States), 1313, 1624. p.m. at the Regulations Branch, Office of The resulting value forms the relative Regulations and Rulings, U.S. Customs * * * * * value ratio. Service, 1300 Pennsylvania Avenue, 2. Section 191.2(u) is amended by (ii) Merchandise processing fee NW., 3rd Floor, Washington, DC. adding the words ‘‘, except for purposes apportioned to each line item. To of § 191.51(b),’’ after the word ‘‘means’’ apportion the merchandise processing Inapplicability of Prior Public Notice in the first sentence. fee to each line item, the relative value and Comment Procedures 3. Section 191.3 is amended: ratio for each line item is multiplied by Pursuant to the provisions of 5 U.S.C. a. In paragraph (a), introductory text, the merchandise processing fee paid. (iii) Amount of merchandise 553(b)(B), Customs has determined that by adding the words ‘‘and fees’’ after the processing fee eligible for drawback per prior public notice and comment word ‘‘Duties’’; b. At the end of paragraph (a)(1)(ii), by line item. The amount of merchandise procedures on this regulation are adding the word ‘‘and’’ after the semi- processing fee apportioned to each line unnecessary and contrary to public colon; item is multiplied by 99 percent to interest. The regulatory changes c. At the end of paragraph (a)(2), by calculate that portion of the fee conform the Customs Regulations to removing the word ‘‘and,’’; attributable to each line item that is reflect a recent decision by the Court of d. At the end of paragraph (a)(3), by eligible for drawback. Appeals for the Federal Circuit. In removing the period and adding in its (iv) Amount of merchandise addition, the regulatory changes benefit place ‘‘; and’’; processing fee eligible for drawback per the public by allowing merchandise e. By adding a new paragraph (a)(4); unit of merchandise. To calculate the processing fees to be claimed as unused and amount of a merchandise processing fee merchandise drawback, and by f. By revising paragraph (b)(2). eligible for drawback per unit of providing specific information as to The addition and revision read as merchandise, the line item amount that how a drawback claimant is to correctly follows: is eligible for drawback is divided by calculate that portion of a merchandise the number of units covered by that line § 191.3 Duties and fees subject or not processing fee that is eligible to be item (to two decimal places). claimed as unused merchandise subject to drawback. drawback. For these reasons, pursuant (a) * * * Example 1 to the provisions of 5 U.S.C. 553(d)(1) (4) Merchandise processing fees (see Line item 1—5,000 articles valued at and (3), Customs finds that there is good § 24.23 of this chapter) for unused $10 each total $50,000 cause for dispensing with a delayed merchandise drawback pursuant to 19 Line item 2—6,000 articles valued at effective date. U.S.C. 1313(j). $15 each total $90,000 (b) * * * Line item 3—10,000 articles valued at Executive Order 12866 (2) Merchandise processing fees (see $20 each total $200,000 § 24.23 of this chapter), except where This document does not meet the Total units = 21,000 unused merchandise drawback is criteria for a ‘‘significant regulatory Total value = $340,000 claimed; and Merchandise processing fee = $485 (for action’’ as specified in Executive Order purposes of this example, the fee cap 12866. * * * * * 4. Section 191.51(b) is amended by of $485, as per 19 U.S.C. Regulatory Flexibility Act redesignating the existing text as 58c(a)(9)(B)(i), is applicable) Line item relative value ratios. The Because no notice of proposed paragraph (b)(1), adding a heading to newly redesignated paragraph (b)(1), relative value ratio for line item 1 is rulemaking is required for this rule, the calculated by dividing the value of that provisions of the Regulatory Flexibility and adding a new paragraph (b)(2) to read as follows: line item by the total value ($50,000 ÷ Act (5 U.S.C. 601 et seq.) do not apply. 340,000 = .1470). The relative value Drafting Information § 191.51 Completion of drawback claims. ratio for line item 2 is .2647. The * * * * * relative value ratio for line item 3 is The principal author of this document (b) Drawback due.—(1) Claimant .5882. was Suzanne Kingsbury, Regulations required to calculate drawback. *** Merchandise processing fee Branch, Office of Regulations and (2) Merchandise processing fee apportioned to each line item. The Rulings, U.S. Customs Service. apportionment calculation. Where a amount of fee attributable to each line However, personnel from other offices drawback claimant seeks unused item is calculated by multiplying $485 participated in its development. merchandise drawback pursuant to 19 by the applicable relative value ratio.
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The amount of the $485 fee attributable If the total merchandise processing fee prevention of reinfection in puppies and to line item 1 is $71.295 (.1470 × $485 paid was $485, the amount of the fee dogs. Blue Ridge’s WORMEXX = $71.295). The amount of the fee attributable to line item 2 is $363.75 (.75 Chewable Tablets is approved as a attributable to line item 2 is $128.3795 × $485 = $363.75). The amount of the generic copy of Farnam Co.’s D– (.2647 × $485 = $128.3795). The amount fee attributable to line item 3 is $121.25 WORM (pyrantel pamoate) Dog of the fee attributable to line item 3 is (.25 × $485 = $121.25). Wormer Chewable Tablets, approved $285.277 (.5882 × $485 = $285.277). The amount of drawback on the under NADA 139–191. ANADA 200– Amount of merchandise processing merchandise processing fee attributable 281 is approved as of January 3, 2001, fee eligible for drawback per line item. to each unit of line item 2 is $.0243 and 21 CFR 520.2041 is amended to The amount of merchandise processing ($363.75 ÷ 15,000 = $.02430). The reflect the approval. The basis for fee eligible for drawback for line item 1 amount of drawback on the approval is discussed in the freedom of is $70.5821 ÷ (.99 × $71.295). The merchandise processing fee attributable information summary. amount of fee eligible for drawback for to each unit of line item 3 is $.0121 In accordance with the freedom of × ÷ line item 2 is $127.0957 (.99 ($121.25 10,000 = $.0121). information provisions of 21 CFR part $128.3795). The amount of fee eligible If 1,000 units of line item 2 were 20 and 514.11(e)(2)(ii), a summary of for drawback for line item 3 is exported, the drawback attributable to × safety and effectiveness data and $282.4242 (.99 $285.277). the merchandise processing fee is information submitted to support × Amount of merchandise processing $24.23 ($.02423 1,000 = $24.23). approval of this application may be seen fee eligible for drawback per unit of * * * * * in the Dockets Management Branch merchandise. The amount of Raymond W. Kelly, (HFA–305), Food and Drug merchandise processing fee eligible for Administration, 5630 Fishers Lane, rm. Commissioner of Customs. drawback per unit of merchandise is 1061, Rockville, MD 20852, between 9 calculated by dividing the amount of fee Approved: November 9, 2000. a.m. and 4 p.m., Monday through eligible for drawback for the line item John P. Simpson, Friday. by the number of units in the line item. Deputy Assistant Secretary of the Treasury. For line item 1, the amount of The agency has determined under 21 [FR Doc. 01–3358 Filed 2–8–01; 8:45 am] CFR 25.33(d)(1) that this action is of a merchandise processing fee eligible for BILLING CODE 4820–02–P drawback per unit is $.0141 ($70.5821 ÷ type that does not individually or 5,000 = $.0141). If 1,000 widgets form cumulatively have a significant effect on the basis of a claim for drawback under the human environment. Therefore, DEPARTMENT OF HEALTH AND 19 U.S.C. 1313(j), the total amount of neither an environmental assessment HUMAN SERVICES drawback attributable to the nor an environmental impact statement is required. merchandise processing fee is $14.10 Food and Drug Administration (1,000 × .0141 = $14.10). For line item This rule does not meet the definition 2, the amount of fee eligible for 21 CFR Part 520 of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because drawback per unit is $.0212 ($127.0957 it is a rule of ‘‘particular applicability.’’ ÷ 6,000 = $.0212). For line item 3, the Oral Dosage Form New Animal Drugs; Therefore, it is not subject to the amount of fee eligible for drawback per Pyrantel Pamoate Chewable Tablets congressional review requirements in 5 unit is $.0282 ($282.4242 ÷ 10,000 = U.S.C. 801–808. $.0282). AGENCY: Food and Drug Administration, HHS. List of Subjects in 21 CFR Part 520 Example 2 ACTION: Final rule. Animal drugs. This example illustrates the treatment of dutiable merchandise that is exempt SUMMARY: The Food and Drug Therefore, under the Federal Food, from the merchandise processing fee Administration (FDA) is amending the Drug, and Cosmetic Act and under and duty-free merchandise that is animal drug regulations to reflect authority delegated to the Commissioner subject to the merchandise processing approval of an abbreviated new animal of Food and Drugs and redelegated to fee. drug application (ANADA) filed by Blue the Center for Veterinary Medicine, 21 CFR part 520 is amended as follows: Line item 1—700 meters of printed cloth Ridge Pharmaceuticals, Inc. The valued at $10 per meter (total value ANADA provides for use of pyrantel pamoate chewable tablets for the PART 520—ORAL DOSAGE FORM $70,000) that is exempt from the NEW ANIMAL DRUGS merchandise processing fee under 19 removal of certain gastrointestinal parasites and prevention of reinfection U.S.C. 58c(b)(8)(ii)(B)(iii) 1. The authority citation for 21 CFR in puppies and dogs. Line item 2—15,000 articles valued at part 520 continues to read as follows: $100 each (total value $1,500,000) DATES: This rule is effective February 9, Authority: 21 U.S.C. 360b. Line item 3—10,000 duty-free articles 2001. valued at $50 each (total value FOR FURTHER INFORMATION CONTACT: § 520.2041 [Amended] $500,000) Lonnie W. Luther, Center for Veterinary 2. Section 520.2041 Pyrantel pamoate Medicine (HFV–102), Food and Drug The relative value ratios are chewable tablets is amended in Administration, 7500 Standish Pl., calculated using line items 2 and 3 only, paragraph (b) by removing ‘‘No. Rockville, MD 20855, 301–827–0209. as there is no merchandise processing 017135’’ and adding in its place ‘‘Nos. fee imposed by reason of importation on SUPPLEMENTARY INFORMATION: Blue 017135 and 065274’’. line item 1. Ridge Pharmaceuticals, Inc., 4249–105 Line item 2—1,500,000 ÷ 2,000,000 = Piedmont Pkwy., Greensboro, NC 27410, Dated: January 31, 2001. .75 (line items 2 and 3 form the total filed ANADA 200–281 that provides for Stephen F. Sundlof, value of the merchandise subject to use of WORMEXX (pyrantel pamoate) Director, Center for Veterinary Medicine. the merchandise processing fee). Chewable Tablets for the removal of [FR Doc. 01–3415 Filed 2–8–01; 8:45 am] Line item 3—500,000 ÷ 2,000,000 = .25 certain gastrointestinal parasites and BILLING CODE 4160–01–F
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INTERNAL REVENUE SERVICE until implementation of the TRICARE Section 752, elimination of Prime Remote for Family Member copayments for Active Duty Dependents 26 CFR Part 1 Program or October 30, 2001, whichever in TRICARE Prime, which the statute is later; provides for the elimination of requires be implemented within 180 Filing of Consolidated Returns TRICARE Prime copayments for active days; CFR Correction duty family members enrolled in Section 758, reimbursement of certain TRICARE Prime; provides for the travel expenses for TRICARE Prime In Title 26 of the Code of Federal reimbursement of reasonable travel beneficiaries, which was effective on the Regulations, Part 1 (§ 1.1401 to End), expenses for TRICARE Prime date of enactment; and revised as of April 1, 2000, in § 1.1502– beneficiaries referred by a primary care Section 759, reduction of retiree 75, paragraph (k) is corrected by provider to a specialty care provider catastrophic cap, which was effective on correctly revising ‘‘See § 1.338(h)(10)– who provides services over 100 miles the date of enactment. T(d)(7)’’ to read ‘‘See § 1.338(h)(10)– away; and reduces the maximum In addition, because of the effect on 1T(d)(7)’’. amount which retirees, their family the overall pharmacy program of the [FR Doc. 01–55500 Filed 2–8–01; 8:45 am] members and survivors would be liable new TRICARE Senior Pharmacy BILLING CODE 1505–01–D from $7,500 to $3,000. The Department Program and the change in TRICARE is publishing this rule as an interim Prime active duty dependent final rule in order to meet statutorily copayments, this rule also partially DEPARTMENT OF DEFENSE required effective dates. Public implements the Pharmacy Benefits comments, however, are invited and Program, as authorized by Section 1074g Office of the Secretary will be considered as to possible of title 10, United States Code, as a revisions to this rule. significant step toward expected implementation late in 2001 of the 32 CFR Part 199 DATES: This rule is effective April 10, comprehensive Pharmacy Benefits RIN 0720–AA62 2001. Written comments will be Program. accepted until April 10, 2001. Civilian Health and Medical Program of ADDRESSES: Forward comments to II. School Requried Physicals the Uniformed Services (CHAMPUS)/ Medical Benefits and Reimbursement This rule implements Section 703 of TRICARE; Partial Implementation of Systems, TRICARE Management the National Defense Authorization Act Pharmacy Benefits Program; Activity, 16401 East Centretech for Fiscal Year 2001 which extends Implementation of National Defense Parkway, Aurora, CO 80011–9043. coverage of physical examinations to Authorization Act Medical Benefits for FOR FURTHER INFORMATION CONTACT: CHAMPUS eligible beneficiaries ages 5 Fiscal Year 2001 Tariq Shahid, Medical Benefits and through 11 that are required in AGENCY: Office of the Secretary, DoD. Reimbursement Systems, TRICARE connection with school enrollment. The ACTION: Interim final rule. Management Activity, Office of the scope of the legislative provision Assistant Secretary of Defense (Health encompasses all programs and SUMMARY: This interim final rule Affairs), telephone (303) 676–3801. beneficiary categories (i.e., coverage implements several sections of the Questions regarding payment of specific extends to active duty dependents, Floyd D. Spence National Defense CHAMPUS claims should be addressed retirees and their dependents under Authorization Act for Fiscal Year 2001. to the appropriate TRICARE/CHAMPUS TRICARE Prime, Standard and Extra The rule allows coverage of physical contractor. plans). These newly covered school examinations for beneficiaries ages 5 SUPPLEMENTARY INFORMATION: physicals will be recognized as through 11 that are required in preventive services, and as such, subject connection with school enrollment; I. Overview of the Rule to the same cost-sharing/copayment and provides an additional two-year period On October 30, 2000, the Floyd D. referral/authorization requirements as for survivors of deceased active-duty Spence National Defense Authorization prescribed under TRICARE Prime and members to remain eligible for Act for Fiscal Year 2001 (Pub. L. 106– Standard/Extra clinical preventive TRICARE medical and dental benefits at 398) was signed into law. This interim benefits. TRICARE Prime enrollees will active-duty dependent rates; extends final rule implements provisions of this not be required to pay copayments or eligibility for medical and dental Act that were effective upon the date of seek referral/authorization from their benefits to Medal of Honor recipients enactment or a date within 180 days primary care managers (PCMs) unless and their immediate dependents in the thereafter. Specifically, this rule they go to a non-network provider. same manner as if the recipient were implements the following sections of While Standard and Extra beneficiaries entitled to retired pay; partially this Act: will not require referral and/or implements the Pharmacy Benefits Section 703, school required authorization, they will have to pay the Program establishing revised copays and physicals, which was effective on the applicable cost-sharing and deductibles cost-shares for the prescription drug date of enactment; for preventive services as prescribed benefit; implements the TRICARE Section 704, two-year extension of under their respective plans. Senior Pharmacy Program by benefits for survivors, which was School physicals for TRICARE Prime establishing a new eligibility for effective on the date of enactment; enrollees ages 5 through 11 will be prescription drug benefits for Medicare- Section 706, benefits for Medal of covered under the enhanced benefit eligible retirees; allows a waiver of Honor recipients, which was effective provision of the CHAMPUS copayments, cost-shares, and on the date of enactment; administering regulation (32 CFR deductibles for all Uniformed Services Section 711, TRICARE Senior 199.18(b)(3)), which allows benefit TRICARE eligible active duty family Pharmacy Program, which is effective enhancements and waiver or relaxation members residing with their TRICARE April 1, 2001; of benefit restrictions under the Uniform Prime Remote eligible Active Duty Section 722, that portion of TRICARE HMO Benefit at the discretion of the Service Member Sponsor within a Prime Remote for Family Members that Assistant Secretary of Defense (Health TRICARE Prime Remote designated area was effective on the date of enactment; Affairs). However, since coverage also
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extends to both Standard and Extra Section 1074g, to establish an effective, treatment facility, network or non- beneficiaries, an exception will be efficient, and integrated Pharmacy network pharmacy, or the National Mail added to the preventive care general Benefits Program. The Secretary may Order Pharmacy (NMOP). This led to a exclusion (32 CFR 199.4(g)(37)) that will establish cost sharing requirements complex set of cost sharing allow school physicals for these under the Pharmacy Benefits Program as requirements, difficult for beneficiaries beneficiary categories (i.e., active duty a percentage and/or fixed dollar amount to understand, lacking in clear family members, retirees and their for generic, formulary (non-generic), and incentives for appropriate use, and family members that are seeking care non-formulary pharmaceutical agents. inconsistent with evolving industry under Standard or Extra plans). Designation of pharmaceutical agents as practice. DoD is implementing new cost non-formulary will be based upon an sharing requirements in this regulation, III. Two-Year Extension of Benefits for evaluation of the agent’s clinical and consistent with the Congressional Survivors cost-effectiveness in comparison to direction to modernize the pharmacy This rule implements Section 704 of other agents in the therapeutic class by program. Cost sharing requirements will the National Defense Authorization Act the Department of Defense (DoD) no longer be based upon beneficiary for Fiscal Year 2001 which amended Pharmacy and Therapeutics Committee status, except for active duty members chapter 55 of title 10, United States and the comments of that evaluation by who never pay copays. Cost sharing Code, replacing the one-year period the Uniform Formulary Beneficiary requirements of prescription drugs and with an additional two-year extension Advisory Committee. The Department is medicines based upon their status as for survivors of deceased active-duty unable to implement the portion of the generic or non-generic are being members to remain eligible for Pharmacy Benefits Program that allows implemented through this interim final TRICARE medical and dental benefits at classification of a drug as non-formulary rule. Cost sharing requirements will no active-duty dependent rate. Before the until Proposed and Final Rules fully longer be based upon a beneficiary’s Authorization Act, survivors of implementing the Pharmacy Benefits enrollment or non-enrollment in members who die while on active duty Program have been published and TRICARE Prime (except point of service were allowed to continue participation required Committees become charges will still apply), but will be in TRICARE Prime, Extra, or Standard operational. However, partial based upon the drug or medicine’s as active-duty dependent family implementation of the Pharmacy status as generic or non-generic and its members for a period of one year Benefits Program, including reform of point of sale. following the date of death of the cost sharing requirements under Section The new cost sharing structure is deceased member. At the end of the 1074g should proceed now in based on commercial industry practices one-year period, these family members connection with the April 1, 2001, start in pharmacy benefit design and benefit continued eligibility for care under date of the TRICARE Senior Pharmacy management. Cost sharing amounts TRICARE, but faced higher out-of- Program and overall reform of TRICARE were selected to assure that all pocket costs as non-active-duty Prime active duty dependent beneficiaries could obtain a reduction in dependents. With respect to the copayments. their current cost sharing through use of TRICARE dental insurance benefits, The prescription drug and medicine generic products, and that brand-name family members enrolled in the benefit under CHAMPUS includes the cost sharing was substantially higher TRICARE Dental Program (TDP) at the Food and Drug Administration than generic without unduly penalizing time of the member’s death, continued approved drugs and medicines that by beneficiaries in relation to their current to receive benefits for one year from the United States law require a physician’s cost sharing levels. member’s date of death, with the or other authorized individual Active duty members do not pay a Government paying 100 percent of the professional provider’s prescription cost-share. Cost sharing requirements TDP premiums. (acting within the scope of their license) for pharmaceutical agents for all other that has been ordered or prescribed by beneficiaries will be based upon the IV. Benefits for Medal of Honor them. The benefit does not include generic/non-generic status and the point Recipients prescription drugs for medical of sale (i.e., network pharmacy, non- This rule implements Section 706 of conditions that are expressly excluded network pharmacy, NMOP) from which the National Defense Authorization Act from the TRICARE benefit by statute or the agent was acquired. There is a $9.00 for Fiscal Year 2001 which amended regulation. Pharmaceutical agents are copay per prescription required under chapter 55 of title 10, United States subject to preauthorization or utilization the retail pharmacy network program for Code, by adding a new Section 1074h. review requirements to assure medical up to a 30-day supply of a non-generic Section 1074h expands eligibility to necessity. Until full implementation of drug or medicine, and a $3.00 copay for Medal of Honor recipients who are not the Pharmacy Benefits Program under up to a 30-day supply of a generic drug otherwise entitled to medical and dental which all authorized drugs will be or medicine. There is a $9.00 copay per care including their immediate classified as generic, formulary, or non- prescription required under the NMOP dependents. They are entitled to the formulary, during this period of partial program for up to a 90-day supply of a same medical and dental benefit that is implementation, drugs and medicines non-generic drug or medicine, and a provided to former members who are shall be designated as either generic $3.00 copay for up to a 90-day supply entitled to military retired pay and the drugs and medicines, which are those of a generic drug or medicine. There is dependents of those former members. that have the identical chemical a 20 percent or $9.00 (whichever is To receive TRICARE/CHAMPUS composition of a name brand drug or greater) copay per prescription required benefits, they must register in the medicine, or non-generic (or brand for all drugs obtained under the retail Defense Enrollment Eligibility Reporting name) drugs. pharmacy non-network program for up System (DEERS). Up to now, cost sharing requirements to a 30-day supply. The TRICARE have been based upon beneficiary Standard annual deductible of $150 V. Partial Implementation of Pharmacy status, enrollment or non-enrollment in individual/$300 family (or $50 Benefits Program TRICARE Prime, and the location where individual/$100 family for lower grade The Secretary of Defense is required the drug or medicine is purchased, i.e., enlisted families) applies to services under title 10, United States Code, the point of sale, such as a military obtained from non-network pharmacies.
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The TRICARE annual catastrophic cap Pharmacy Program, a person is required rule provides a waiver of charges for of $1,000 for active duty families and to be a retiree, dependent, or survivor TRICARE eligible family members $3,000 for retiree families (as reduced who is Medicare eligible, 65 years of age residing with their active duty by the Fiscal Year 2001 National or older, and enrolled in Medicare Part uniformed services, TRICARE Prime Defense Authorization Act) also applies. B (except for a person who attained age Remote eligible sponsor who are not TRICARE Prime enrollees generally face 65 prior to April 1, 2001). enrolled in TRICARE Prime. higher ‘‘point-of-service’’ cost sharing To receive benefits under the Full implementation of the TRICARE when they obtain non-network services, TRICARE Senior Pharmacy Program, Prime Remote program for active duty as described in § 199.17(n). With regard beneficiaries must register in the family members will be subject of a to pharmacy services, TRICARE Prime Defense Enrollment and Eligibility proposed rule to be published soon. The beneficiaries who use non-network Reporting System (DEERS). Currently, TRICARE Prime Remote program will pharmacies will face point-of-service the TRICARE Senior Pharmacy Program supplant the waiver of charges cost sharing rather than the 20 percent beneficiaries are not eligible to enroll in described in this rulemaking, effective cost sharing which applies to TRICARE TRICARE Prime. October 30, 2001 or later. In order to Standard beneficiaries. This point-of- The benefit under the TRICARE obtain coverage under the follow-on service cost sharing includes a Senior Pharmacy Program includes the TRICARE Prime Remote program, it will deductible of $300 individual or $600 Basic Program pharmacy benefit as be proposed that eligible beneficiaries family, and a 50 percent cost share. No found under 32 CFR 199.4(d)(vi). The will be required to enroll in TRICARE deductibles apply to prescription drugs senior beneficiaries are entitled to the Prime and be subject to many of the acquired from network retail same pharmacy benefit that was found rules of TRICARE Prime. Full details pharmacies and NMOP. at 32 CFR 199.17(k), but it is no longer will be provided in the proposed rule to The revised co-pay amounts simplify limited to the Base Realignment and be published soon. the cost share structure and are Closure (BRAC) sites and access to non- Some Active Duty Service Members consistent with the best business network retail drugstores is included. (ADSM) are assigned Permanent Change practices used in the private sector. The These beneficiaries will have access to of Station Orders to locations where co-pay amounts were selected because retail network pharmacies, non-network Military Treatment Facilities are they provide an equitable adjustment pharmacies, and the National Mail unavailable. TRICARE Prime Remote across the current co-pay matrix, will Order Pharmacy (NMOP) program with (TPR) was established by Section 731(b) encourage the use of cost effective the associated revised copays and cost- of the National Defense Authorization sources of pharmaceuticals for both the shares as described under Partial Act for Fiscal Year 1998 to provide a beneficiaries and the government, and Implementation of Pharmacy Benefits TRICARE Prime-like benefit. As defined will encourage the use of generic Program, above. For prescription drugs by 10 U.S.C. 1074(c)(3) the benefit is for products where clinically appropriate. acquired from non-network retail ADSM assigned to remote locations, For most beneficiaries and in most pharmacies, the Senior Pharmacy who pursuant to that assignment, work circumstances, cost sharing will be Program beneficiaries are subject to and reside at a location that is more reduced under the new cost sharing TRICARE Standard annual deductible of than 50 miles, or approximately one structure; in all cases beneficiaries will $150 individual/$300 family. The hour of driving time to the nearest have lower costs if they use generic catastrophic cap of $3000.00 per federal military medical treatment facility. products. The pricing structure reflects fiscal year, as reduced by the Fiscal Year ADSM who are TPR eligible are a reduction for active duty dependents 2001 National Defense Authorization required to enroll in TPR. Starting using the National Mail Order Act, will apply to beneficiaries who are October 30, 2000, TRICARE eligible Pharmacy. In some cases, beneficiaries eligible under the TRICARE Senior Active Duty Family Members residing will pay more than at present if they Pharmacy Program. with TPR eligible ADSM sponsors obtain brand-name products: active duty The double coverage rules in 32 CFR within a TRICARE Prime Remote family members will pay $4 to $5 more 199.8 are applicable to services designated area, have copayments, cost- for brand-name products, and retirees provided to all beneficiaries under the shares, and deductibles waived for and their family members will pay $1.00 retail pharmacy network, retail CHAMPUS covered benefits, except for more for mail order brand-name pharmacy non-network, or NMOP pharmacy benefits, until the products. We solicit comment on the programs. For this purpose, to the extent implementation of TRICARE Prime structure and amount of pharmacy cost they provide a prescription drug benefit, Remote for Family Members or October sharing described above. Medicare supplemental insurance plans 30, 2001 whichever is later. Non- or Medicare HMO plans are double covered CHAMPUS benefits are not VI. TRICARE Senior Pharmacy coverage plans and will be the primary waived and shall be processed Program payor. according to current requirements. The This rule implements Section 711 of The TRICARE Senior Pharmacy claims processor will pay the waived the National Defense Authorization Act Program will replace the BRAC portion of the claim to the eligible for Fiscal Year 2001, which establishes pharmacy benefit and the Pharmacy family member or the provider, as the TRICARE Senior Pharmacy Program Redesign Pilot Program in accordance appropriate. If the claims processor is for DoD beneficiaries who are 65 years with Section 711 of the Act. able to determine the eligible family of age and older, effective April 1, 2001. member has already paid the waived Under the TRICARE Senior Pharmacy VII. TRICARE Prime Remote for Family portion of the claim the processor shall Program, the Act requires the same Members reimburse the family member. coverage for pharmacy services and the This interim final rule implements Retrospective payments of waived same requirements for cost sharing and Section 722(b)(2) of the National charges for dates of service on or after reimbursement as are applicable under Defense Authorization Act for Fiscal October 30, 2000 are authorized. Section 1086 of title 10, United States Year 2001 (Public Law 106–398) which Eligible family members will be able Code. modified Section 731(b) of the National to access authorized providers without As specified further in the regulation, Defense Authorization Act for Fiscal preauthorization. However, when to be eligible for the TRICARE Senior Year 1998 (Public Law 105–85). This accessing care, eligible family members
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are required to use network providers X. Reduction of Retiree Catastrophic be solicited and considered within the where and when available within the Cap period allowed by law. TRICARE access standards to obtain the Section 759 of the National Defense Public comments are invited. All waiver of charges. If a network provider Authorization Act for Fiscal Year 2001 comments will be carefully considered. cannot be identified within the access modified chapter 55 of title 10, United A discussion of the major issues standards established under TRICARE, States Code, by amending Section received by public comments will be the eligible family member shall use an 1086(b)(4) and reducing the catastrophic included with the issuance of the final authorized provider to be eligible for the cap on payments from $7,500 to $3,000 rule. waiver. Existing specialty care for retirees, their family members and List of Subjects in 32 CFR Part 199 preauthorization requirements remain survivors. in affect for eligible family members Claims, Dental health, Health care, enrolled in TRICARE Prime. To the XI. Regulatory Procedures Health insurance, Individuals with greatest extent possible, contractors will Executive Order 12866 requires disabilities, Military personnel. assist eligible family members in finding certain regulatory assessments for any Accordingly, 32 CFR part 199 is a TRICARE network, participating, or significant regulatory action, defined as amended as follows: authorized provider. one which would result in an annual effect on the economy of $100 million PART 199—[AMENDED] VIII. Elimination of TRICARE Prime or more, or have other substantial Copayments for Dependents of Active 1. The authority citation for part 199 impacts. The Regulatory Flexibility Act Duty Members continues to read as follows: (RFA) requires that each Federal agency Section 752 of the National Defense prepare, and make available for public Authority: 5 U.S.C. 301; 10 U.S.C. chapter 55. Authorization Act for Fiscal Year 2001 comment, a regulatory flexibility provides that no copayment shall be analysis when the agency issues a 2. Section 199.3 is amended by charged for care provided under regulation which would have a revising paragraph (b)(2)(i)(D), by TRICARE Prime to a dependent of a significant impact on a substantial redesignating (b)(3) as paragraph member of the uniformed services. number of small entities. (b)(2)(iii)(B)(3), by adding new Copayments for prescriptions and point- This Interim Final Rule is a paragraphs (b)(3) and (b)(4), and by of-service (POS) charges are not covered significant regulatory action under revising paragraph (f)(3)(vi) and by this provision and will continue to Executive Order 12866, as it would add paragraph (f)(3)(vii) preceding the note be applied. Copayments for over $200 million for DoD in annual to read as follows: prescriptions will be in accordance with healthcare benefit costs. This cost those authorized by 10 U.S.C. 1074g, estimate is based on historical TRICARE § 199.3 Eligibility. partially implemented by this rule. This costs and an assessment of potential * * * * * is consistent with the Conference users times average benefit costs per (b) * * * Committee Report statement that ‘‘it is person for each of the provisions (2) * * * not the intent of the conferees to addressed. Benefits of the interim final (i) * * * eliminate copayments for rule include an increased level of health (D) Must not be eligible for Part A of pharmaceutical benefits under the mail care, particularly pharmacy coverage for Title XVIII of the Social Security Act order pharmacy program or such similar Medicare-eligible beneficiaries of the (Medicare) except as provided in cost shares.’’ (H. Conf. Rept. No 106– Department of Defense military health paragraphs (b)(3), (f)(3)(viii) and system. It has been determined to be 945, p. 819–20.) Point-of-service charges (f)(3)(ix) of this section; and major under the Congressional Review are not covered by Section 752 because Act. However, this rule does not require * * * * * they are not for care provided under a regulatory flexibility analysis as it (4) Eligibility under TRICARE Senior TRICARE Prime, but rather for care would have no significant economic Pharmacy Program. Section 711 of the provided outside the TRICARE Prime impact on a substantial number of small National Defense Authorization Act for network structure under the POS entities. This interim final rule will not Fiscal Year 2001 (Public Law 106–398, option. The POS option allows enrollees impose additional information 114 Stat. 1654) established the TRICARE to self-refer for non-emergency health collection requirements on the public Senior Pharmacy Program effective care services to any TRICARE under the Paperwork Reduction Act of April 1, 2001. To be eligible for this authorized civilian provider. The 1995 (44 U.S.C. 3501–3511). program, a person is required to be: elimination of copayments applies to all This rule is being issued as an interim (i) Medicare eligible, who is: CHAMPUS-covered services received by final rule, with comment period, as an (A) 65 years of age or older; and a TRICARE Prime active duty family exception to our standard practice of (B) Entitled to Medicare Part A; and member on or after April 1, 2001. soliciting public comments prior to (C) Enrolled in Medicare Part B, IX. Reimbursement of Reasonable issuance. The Acting Assistant Secretary except for a person who attained age 65 Travel Expenses for Distant Referrals of of Defense (Health Affairs) has prior to April 1, 2001, is not required to TRICARE Prime Beneficiaries determined that following the standard enroll in Part B; and practice in this case would be (ii) Otherwise qualified under one of Section 758 of the National Defense impracticable, unnecessary, and the following categories: Authorization Act for Fiscal Year 2001 contrary to the public interest. This rule (A) A retired uniformed service provides reimbursement of reasonable implements statutory requirements member who is entitled to retired or travel expenses for TRICARE Prime which became effective on the date of retainer pay, or equivalent pay beneficiaries referred by their primary enactment of the Floyd D. Spence including survivors who are annuitants; care manager to a specialty care National Defense Authorization Act for or provider who provides services more Fiscal Year 2001 (Pub. L. 106–398), (B) A dependent of a member of the than 100 miles from the primary care October 30, 2000, or within 180 days uniformed services described in one of manager’s office. thereafter. Public comments could not the following:
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(1) A member who is on active duty 3. Section 199.4 is amended by (E) * * * for a period of more than 30 days or revising paragraphs (f)(10)(ii), (f)(10)(iii), (2) Continuation of eligibility for died while on such duty; or and Note to paragraph (f)(10), and by dependents of service members who die (2) A member who died from an adding new paragraphs (f)(11) and while on active duty or while a member injury, illness, or disease incurred or (g)(37)(xii) to read as follows: of the Selected Reserve or Individual aggravated while the member was: Ready Reserve. Eligible dependents of (i) On active duty under a call or order § 199.4 Basic program benefits. active duty members while on active to active duty of 30 days or less, on * * * * * duty for a period of thirty-one (31) days active duty for training, or on inactive (f) * * * or more and eligible dependents of duty training; or (10) * * * Selected Reserve or Individual Ready (ii) Traveling to or from the place at (ii) All other beneficiaries. For all Reserve members, as specified in 10 which the member was to perform or other categories of beneficiary families U.S.C. 10143 and 10144(b) respectively, had performed such active duty, active (including those eligible under who die on or after the implementation duty for training, or inactive duty CHAMPVA) the fiscal year cap is date of the TDP, and whose dependents training. $3,000. are enrolled in the TDP on the date of (iii) Payment after cap is met. After a Note to paragraph (b)(3)(ii)(B): Dependent the death of the active duty, Selected family has paid the maximum cost-share Reserve or Individual Ready Reserve under Section 711 of the National Defense and deductible amounts (dependents of Authorization Act for Fiscal Year 2001 member shall be eligible for continued includes spouse, unremarried widow/ active duty members $1,000 and all enrollment in the TDP for up to 3 years widower, child, parent/parent-in-law, others $3,000), for a fiscal year, from the date of the member’s death unremarried former spouse, and unmarried CHAMPUS will pay allowable amounts where the member died on or after person in the legal custody of a member or for remaining covered services through October 30, 1997. former member, as those terms of the end of that fiscal year. dependency are defined and periods of * * * * * Note to paragraph (f)(10): Under the eligibility are set forth in 10 U.S.C. 1072(2). 6. Section 199.17 is amended by Defense Authorization Act for Fiscal Year removing paragraph (a)(6)(iii)(D), by (5) Medal of Honor recipients. (i) A 2001, the cap for beneficiaries other than revising paragraph (k), by revising former member of the armed forces who dependents of active duty members was paragraph (m)(5), and by adding new is a Medal of Honor recipient and who reduced from $7,500 to $3,000 effective paragraphs (m)(7) and (n)(2)(vi) to read is not otherwise entitled to medical and October 30, 2000. Prior to this, the Defense Authorization Act for Fiscal Year 1993 as follows: dental benefits has the same CHAMPUS reduced this cap from $10,000 to $7,500 on eligibility as does a retiree. October 1, 1992. The cap remains at $1,000 § 199.17 TRICARE program. (ii) Immediate dependents. for dependents of active duty members. * * * * * CHAMPUS eligible dependents of a (k) Pharmacy services. Pharmacy Medal of Honor Recipient are those (11) Beneficiary or sponsor liability under the Pharmacy Benefits Program. services under Prime are as provided in identified in paragraphs (b)(2)(i) of this the Pharmacy benefits Program (see section (except for former spouses) and Beneficiary or sponsor liability under the Pharmacy Benefits Program is § 199.21). (b)(2)(ii) of this section (except for a * * * * * child placed in legal custody of a Medal addressed in § 199.21. (g) * * * (m) * * * of Honor recipient under (b)(2)(ii)(H)(4) (37) * * * (5) Prescription drugs. Cost sharing for of this section). (xii) Physical examinations for prescription drugs is as provided under (iii) Effective date. The CHAMPUS beneficiaries ages 5 through 11 that are the Pharmacy Benefits Program in eligibility established by paragraphs required in connection with school § 199.21. (b)(5)(i) and (ii) of this section is enrollment, and that are provided on or * * * * * applicable to health care services after October 30, 2000. (7) Cost sharing for additional provided on or after October 30, 2000. * * * * * beneficiaries under the TRICARE Prime * * * * * 4. Section 199.5 is amended by Remote Program. (i) Active duty family (f) * * * members, defined as the lawful husband (3) * * * revising paragraph (b)(1)(iii)(A) to read as follows: or wife of a member, and children, as (vi) Attainment of entitlement to defined in § 199.3(b)(2)(ii)(A) through hospital insurance benefits (Part A) § 199.5 Program for Persons with (b)(2)(ii)(F) and (b)(2)(ii)(H)(1), under Medicare except as provided in Disabilities (PFPWD). (b)(2)(ii)(H)(2), and (b)(2)(ii)(H)(4), paragraphs (b)(3), (f)(3)(viii) and * * * * * residing with their Active Duty Service (f)(3)(ix) of this section. (This also (b) * * * Member Sponsor who is TRICARE applies to individuals living outside the (1) * * * Prime Remote eligible will have cost- United States where Medicare benefits (iii) * * * shares, co-payments, and deductibles are not available.) (A) For a period of three calendar waived for services provided on or after (vii) Attainment of age 65, except for years from the date an active duty October 30, 2000. Pharmacy Benefits dependents of active duty members, sponsor dies; or Program cost-shares established under beneficiaries not eligible for Part A of * * * * * § 199.21 apply to services provided on Medicare, and as provided in paragraph 5. Section 199.13 is amended by or after April 1, 2001. Active Duty (b)(3) of this section. CHAMPUS revising paragraph (c)(3)(ii)(E)(2) to read Service Member Sponsors who are eligibility is lost at 12:01 a.m. on the last as follows: TRICARE Prime Remote eligible are day of the month preceding the month those who receive a remote permanent of attainment of age 65 until § 199.13 TRICARE Dental Program. duty assignment, and pursuant to the implementation of section 712 of the * * * * * assignment, reside at a location that is National Defense Authorization Act for (c) * * * more than 50 miles, or approximately Fiscal Year 2001. (3) * * * one hour of driving time from the * * * * * (ii) * * * nearest military medical treatment
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facility adequate to provide the needed 7. Section 199.18 is amended by (v) For ambulatory surgery services, care. Remote permanent duty revising paragraphs (c)(2), (c)(3), the there is a per service fee for retirees and assignments include permanent duty as heading for paragraph (d), paragraphs their dependents. a recruiter; permanent duty at an (d)(1), (d)(2)(i), (d)(2)(ii), (d)(2)(iii), (vi) There is a copayment for educational institution to instruct, (d)(2)(iv), (d)(2)(v), (d)(2)(vi), (d)(2)(vii), prescription drugs per prescription, administer a program of instruction, or (d)(3), (e), and (g) to read as follows: including medical supplies necessary provide administrative services in for administration, for dependents of support of a program of instruction for § 199.18 Uniform HMO benefit. active duty members and for retirees the Reserves Officers’ Training Corps; * * * * * and their dependents under the permanent duty as a full-time adviser to (c) * * * Pharmacy Benefits Program (see a unit of a reserve component; or any (2) Amount of enrollment fees. In § 199.17(m)(5)). other permanent duty designated by the fiscal year 2001, the annual enrollment (vii) There is a copayment for Secretary. This waiver applies to fee for retirees and their dependents is ambulance services for retirees and their TRICARE covered benefits only. Claims $230 individual, $460 family. dependents. processed with a date of service (3) Waiver of enrollment fee for (3) Amount of outpatient cost sharing beginning on or after October 30, 2000 certain beneficiaries. The Assistant requirements. In fiscal year 2001, the will waive the cost-share, copayment, Secretary of Defense (Health Affairs) outpatient cost sharing requirements are and deductible. Active Duty Family may waive the enrollment fee as follows: Members residing with TPR eligible requirements of this section for (i) For most physician office visits and Active Duty Service Member (ADSM) Medicare-eligible beneficiaries. other routine services, as described in have copayments, cost-shares, and (d) Outpatient cost sharing paragraph (d)(2)(i) of this section, the deductibles for CHAMPUS covered requirements under the uniform HMO per visit fee for retirees and their benefits except pharmacy benefits benefit—(1) In general. In lieu of usual dependents is $12. waived until the implementation of CHAMPUS cost sharing requirements (ii) For outpatient mental health TRICARE Prime Remote for Family (see § 199.4(f)), special reduced cost visits, the per visit fee for retirees and Members or October 30, 2001, sharing percentages or per service their dependents is $25. For group whichever is later. The claims processor specific dollar amounts are required. outpatient mental health visits, there is will pay the waived portion of the claim The specific requirements shall be a lower per visit fee for retirees and to the eligible family member or to the uniform and shall be published their dependents of $17. (iii) The cost share for durable provider, as appropriate. periodically by the Assistant Secretary medical equipment, prosthetic devices, (ii) Eligible family members will be of Defense (Health Affairs). For care and other authorized supplies for able to access their provider without provided on or before April 1, 2001, no retirees and their dependents is 20 preauthorization. To obtain the waiver copayment shall be charged for care percent of the negotiated fee. of charges, eligible family members are provided under TRICARE Prime to a (iv) For emergency room services, the required to use network providers, dependent of an active duty member, per visit fee for retirees and their where available and within the except for the copayments charged dependents is $30. TRICARE access standards. Failure to under the Pharmacy Benefits Program do so will result in claims being (v) For primary surgeon services in (see § 199.21) and under the point of ambulatory surgery, the per service fee processed under TRICARE Standard service option of TRICARE Prime (see rules. For beneficiaries who are enrolled for retirees and their dependents is $25. § 199.17(n)(4)). in TRICARE Prime, existing specialty (vi) The copayments for prescription (2) * * * care preauthorization requirements and drugs are established under the Point of Service rules remain in effect. (i) For most physician office visits and Pharmacy Benefits Program (see (iii) To the greatest extent possible, other routine services, there is a per § 199.21). contractors will assist eligible members visit fee for retirees and their (vii) The copayment for ambulance in finding a TRICARE network, dependents. This fee applies to primary services for retirees and their participating, or authorized provider. If care and specialty care visits, except as dependents is $20. a network provider cannot be identified provided elsewhere in this paragraph (e) Inpatient cost sharing within the access standards established (d)(2) of this section. It also applies to requirements under the uniform HMO under TRICARE, the eligible family family health services, home health care benefit—(1) In general. In lieu of usual member shall use an authorized visits, eye examinations, and CHAMPUS cost sharing requirements provider to be eligible for the waiver. immunizations. It does not apply to (see § 199.4(f)), special cost sharing (n) * * * ancillary health services or to amounts are required. The specific (2) * * * preventive health services described in requirements shall be uniform and shall (vi) In accordance with guidelines paragraph (b)(2) of this section, or to be published periodically by the issued by the Assistant Secretary of maternity services under § 199.4(e)(16). Assistant Secretary of Defense (Health Defense for Health Affairs, certain travel (ii) There is a copayment for Affairs). For services provided on or expenses may be reimbursed when a outpatient mental health visits. It is a after April 1, 2001, no co-payment shall TRICARE Prime enrollee is referred by per visit fee for retirees and their be charged for inpatient care provided the primary care manager for medically dependents for individual visits. For under TRICARE Prime to a dependent of necessary specialty care more than 100 group visits, there is a lower per visit fee an active duty member except under the miles away from the primary care for retirees and their dependents. point of service option of TRICARE manager’s office received on or after (iii) There is a cost share of durable Prime (see § 199.17(n)(4)). In addition, October 30, 2000. Such guidelines shall medical equipment, prosthetic devices, for services provided on or after April be consistent with appropriate and other authorized supplies for 1, 2001, no copayment shall be charged provisions of generally applicable retirees and their dependents. for inpatient care provided under Department of Defense rules and (iv) For emergency room services, TRICARE Prime to a dependent of an procedures governing travel expenses. there is a per visit fee for retirees and active duty member in military medical * * * * * their dependents. treatment facilities.
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(2) Structure of cost sharing. For Program and substantial cost sharing of sale (i.e., MTF, network pharmacy, services other than mental illness or changes for active duty dependents non-network pharmacy, mail service substance use treatment, there is a enrolled in Prime. Some authorities and pharmacy) from which they are nominal copayment for retired requirements of Section 1074g, such as acquired. For this purpose, a generic members, dependents of retired the classification of drugs as formulary drug is a non-brand name drug. A non- members, and survivors. For inpatient or non-formulary under a ‘‘uniform generic drug is a brand name drug. In mental health and substance use formulary of pharmaceutical agents,’’ the case of a brand name drug for which treatment, a separate per day charge is are not yet implemented. In this section, there is no generic equivalent, the non- established. For services provided on or references to ‘‘interim implementation generic cost share applies. after April 1, 2001, no inpatient period’’ mean the period beginning (1) Military treatment facilities. There copayment shall be charged an active April 1, 2001. are no cost sharing requirements for duty dependent enrolled in TRICARE (b) Program benefits. During the drugs and medicines provided by MTF Prime. This elimination of inpatient interim implementation period, pharmacies. copayments applies to active duty prescription drugs and medicines are (2) Retail pharmacy network program. dependents enrolled in TRICARE Prime available under the otherwise applicable There is a $9.00 co-pay per prescription who are admitted to a civilian or rules and procedures for military required under the retail pharmacy military inpatient facility. treatment facility pharmacies, TRICARE network program for up to a 30-day (3) Amount of inpatient cost sharing Prime, Standard, and Extra, and the supply of a non-generic drug or requirements. In fiscal year 2001, the Mail Order Pharmacy Program. There is medicine, and a $3.00 co-pay for up to inpatient cost sharing requirements for not during this interim implementation a 30-day supply of a generic drug or retirees and their dependents for acute period a ‘‘uniform formulary’’ of drugs medicine. There is no annual deductible care admissions and other non-mental and medicines available in all of these for drugs and medicines provided under health/substance use treatment parts of the system. All cost sharing the retail pharmacy network program. admissions is a per diem charge of $11, requirements for prescription drugs and (3) Mail service pharmacy program. with a minimum charge of $25 per medicines are established in this section There is a $9.00 co-pay per prescription admission. For mental health/substance for pharmacy services provided required under the mail service use treatment admissions, and for throughout the Military Health System. pharmacy program for up to a 90-day (c) Providers of pharmacy services. partial hospitalization services, the per supply of a non-generic drug or There are four categories of providers of diem charge for retirees and their medicine, and a $3.00 co-pay for up to dependents is $40. pharmacy services: military treatment facilities (MTFs), network retail a 90-day supply of a generic drug or * * * * * providers, non-network retail providers, medicine. There is no annual deductible (g) Updates. The enrollment fees for and the mail service pharmacy program. for drugs and medicines provided under fiscal year 2001 set under paragraph (c) Network retail providers are those non- the mail service pharmacy program. of this section and the per service MTF pharmacies that are a part of the (4) Non-network retail pharmacies. specific dollar amounts for fiscal year network established for TRICARE Prime There is a 20 percent or $9.00 2001 set under paragraphs (d) and (e) of under § 199.17. Non-network (whichever is greater) co-pay per this section may be updated for pharmacies are those non-MTF prescription required for up to a 30-day subsequent years to the extent necessary pharmacies that are not part of such a supply of a drug obtained from a non- to maintain compliance with statutory network. network pharmacy. A point of service requirements pertaining to government (d) Classifications of drugs and cost-share of 50 percent applies in lieu costs. This updating does not apply to medicines. During the interim of the 20 percent copay for TRICARE cost sharing that is expressed as a implementation period, a distinction is Prime enrollees who obtain their percentage of allowable charges; these made for purposes of cost sharing prescriptions from a non-network retail percentages will remain unchanged. between generic drugs and non-generic pharmacy without proper authorization. 8. A new § 199.21 is added to read as (or brand name) drugs. In addition, these TRICARE Prime follows: (e) TRICARE Senior Pharmacy enrollees are subject to higher Program. Section 711 of the Floyd D. deductibles as provided in § 199.21 Pharmacy Benefits Program. Spence National Defense Authorization § 199.17(m)(1)(i) and (m)(2)(i). For (a) In general—(1) Statutory authority. Act for Fiscal Year 2001 (Pub. L. 106– prescription drugs acquired from non- 10 U.S.C. 1074g requires that the 398, 114 Stat. 1654) established the network retail pharmacies, beneficiaries Department of Defense establish an TRICARE Senior Pharmacy Program for other than Prime enrollees (including effective, efficient, integrated Pharmacy Medicare eligible beneficiaries effective TRICARE Senior Pharmacy Program Benefits Program for the Military Health April 1, 2001. These beneficiaries are beneficiaries) are subject to the $150.00 System. This law is independent of a required to meet the eligibility criteria per individual or $300.00 maximum per number of section of title 10 and other as prescribed in § 199.3. The benefit family (or for dependents of sponsors in laws that affect the benefits, rules, and under the TRICARE Senior Pharmacy pay grades below E–5, $50 per procedures of CHAMPUS/TRICARE, Program includes the Basic Program individual or $100 per family) annual resulting in changes to the rules pharmacy benefit as found under fiscal year deductible. otherwise applicable to TRICARE Prime, § 199.4(d) and the pharmacy benefit and (g) Effect of other health insurance. Standard, and Extra. Among these cost sharing as found under this part. The double coverage rules of § 199.8 are changes is an independent set of The TRICARE Senior Pharmacy Program applicable to services provided under beneficiary co-payments for prescription applies to prescription drugs and the Pharmacy Benefits Program. For this drugs. medicines provided on or after April 1, purpose, to the extent they provide a (2) Partial implementation during 2001. prescription drug benefit, Medicare interim period. Beginning April 1, 2001, (f) Cost sharing. Beneficiary cost supplemental insurance plans or 10 U.S.C. 1074g is partially sharing requirements for prescription Medicare HMO plans are double implemented to coincide with the start drugs and medicines are based upon the coverage plans and will be the primary of the TRICARE Senior Pharmacy generic/non-generic status and the point payor.
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(h) Procedures. The Director, DEPARTMENT OF TRANSPORTATION effective date, seeking prior public TRICARE Management Activity shall comment on this temporary delay establish procedures for the effective Coast Guard would have been impracticable, as well operation of the Pharmacy Benefit as contrary to the public interest in the Program. Such procedures may include 33 CFR Parts 95 and 177 orderly promulgation and restrictions of the quantity of [USCG–1998–4593] implementation of regulations. The pharmaceuticals to be included under imminence of the effective date is also RIN 2115–AF72 the benefit, encouragement or good cause for making this action effective immediately upon publication. requirement of the use of generic drugs, Revision to Federal Blood Alcohol implementation of quality assurance Concentration (BAC) Standard for Dated: January 31, 2001. and utilization management activities, Recreational Vessel Operators: Delay Terry M. Cross, and other appropriate matters. of Effective Date Rear Admiral, U.S. Coast Guard Assistant Commandant for Operations. 9. Section 199.22 is amended by AGENCY: Coast Guard, Department of [FR Doc. 01–3208 Filed 2–8–01; 8:45 am] revising paragraph (d)(1)(i), the first Transportation. BILLING CODE 4910–15–M sentence of paragraph (d)(3), and ACTION: Final rule; delay of effective paragraph (d)(5) to read as follows: date. DEPARTMENT OF TRANSPORTATION § 199.22 TRICARE Retiree Dental Program SUMMARY: In accordance with the (TRDP). memorandum of January 20, 2001, from Coast Guard * * * * * the Assistant to the President and Chief of Staff, entitled ‘‘Regulatory Review (d) * * * 33 CFR Part 100 Plan,’’ published in the Federal Register (1) * * * on January 24, 2001 (66 FR 7702), this [CGD11–01–002] (i) Members of the Uniformed action temporarily delays for 60 days RIN 2115–AE46 Services who are entitled to retired pay, the effective date of the rule entitled or a former member of the armed forces Revision to Federal Blood Alcohol Special Local Regulations: Parker who is a Medal of Honor recipient and Concentration (BAC) Standard for International Waterski Marathon Recreational Vessel Operators, who is not otherwise entitled to medical AGENCY: published in the Federal Register on Coast Guard, DOT. and dental benefits who has requested ACTION: Notice of implementation. medical and dental care benefits in the January 10, 2001, 66 FR 1859. That rule manner described in § 199.3(j)(1) or concerns revising the Federal Blood SUMMARY: This notice implements 33 their immediate dependents as defined Alcohol Concentration (BAC) standard CFR 100.1102, Marine Events on the under which a recreational vessel by § 199.3(b)(ii); Colorado River, between Davis Dam operator would be considered operating * * * * * (Bullhead City, Arizona) and Headgate while ‘‘intoxicated’’. Dam (Parker, Arizona), for the Parker (3) Election of coverage. In order to DATES: The effective date of the final International Waterski Marathon. The initiate dental coverage, election to rule amending 33 CFR parts 95 and 177 race will consist of power driven vessels enroll must be made by the member or published in the Federal Register on ranging in size from 19–26 feet for a eligible dependent. * * * January 10, 2001, at 66 FR 1859, is waterski competition. These regulations * * * * * delayed for 60 days, from March 12, will be effective on that portion of the 2001, until May 11, 2001. Colorado River beginning at Bluewater (5) Period of coverage. TRICARE FOR FURTHER INFORMATION CONTACT: Marina in Parker, AZ, and extending Retiree Dental Program coverage is Carlton Perry, Project Manager, Office of approximately 10 miles to La Paz terminated when the member’s Boating Safety, U.S. Coast Guard, by County Park. Notice of Implementation entitlement to retired pay is terminated, telephone at 202–267–0979. of 33 CFR 100.1102 is necessary to the member’s status as a member of the SUPPLEMENTARY INFORMATION: To the control vessel traffic in the regulated Retired Reserve is terminated, the extent that 5 U.S.C. section 553 applies areas during the event to ensure the member’s status as a Medal of Honor to this action, it is exempt from notice safety of participants and spectators. recipient is terminated, a dependent and comment because it constitutes a Pursuant to 33 CFR 100.1102(c), child loses eligible child dependent rule of procedure under 5 U.S.C. section Commanding Officer, Coast Guard status, or in the case of remarriage of the 553(b)(A). Alternatively, the Coast Activities San Diego, is designated surviving spouse. Guard’s implementation of this action Patrol Commander for this event; he has * * * * * without opportunity for public the authority to delegate this comment, effective immediately upon responsibility to any Coast Guard, Dated: February 1, 2000. publication today in the Federal public, state, local law enforcement, L.M. Bynum, Register, is based on the good cause and/or sponsor provided vessels. For Alternate OSD Federal Register Liaison exceptions in 5 U.S.C. section 553(b)(B) this event, the Coast Guard has Officer, Department of Defense. and 553(d)(3). Seeking public comment designated the Colorado River Indian [FR Doc. 01–3240 Filed 2–6–01; 2:57 pm] is impracticable, unnecessary and Tribe Police as Patrol Commander. BILLING CODE 5000–01–U contrary to the public interest. The EFFECTIVE DATES: This section is temporary 60-day delay in effective date effective from 8 a.m. (MST) until 4:30 is necessary to give Department officials p.m. (MST) on March 10, 2001 through the opportunity for further review and March 11, 2001. If the event concludes consideration of new regulations, prior to the scheduled termination date consistent with the Assistant to the and/or time, the Colorado River Indian President’s memorandum of January 20, Tribe Police will cease enforcement of 2001. Given the imminence of the this section.
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FOR FURTHER INFORMATION CONTACT: conforming amendments are effective paragraph (d), remove ‘‘July 10, 2001’’ Petty Officer Nicole Lavorgna, U. S. May 11, 2001. and add, in its place, ‘‘September 8, Coast Guard MSO San Diego, San Diego, FOR FURTHER INFORMATION CONTACT: 2001’’; and, in paragraph (e), remove California; Telephone: (619) 683–6495. Carlton Perry, Project Manager, Office of ‘‘July 10, 2001’’ and add, in its place, Discussion of Implementation. These Boating Safety, U.S. Coast Guard ‘‘September 8, 2001’’ and remove Special Local Regulations permit Coast Headquarters (G–OPB–1/3100), 2100 ‘‘September 24, 2001’’ and add, in its Guard or their designated representative Second Street SW., Washington, DC place, ‘‘November 23, 2001’’. control of vessel traffic in order to 20593–0001, 202–267–0979. Dated: January 26, 2001. ensure the safety of spectator and SUPPLEMENTARY INFORMATION: To the Terry M. Cross, participant vessels. In accordance with extent that 5 U.S.C. 553 applies to this Rear Admiral, U.S. Coast Guard Assistant the regulations in 33 CFR 100.1102, no action, it is exempt from notice and Commandant for Operations. persons or vessels shall block, anchor, comment because it constitutes a rule of [FR Doc. 01–3205 Filed 2–8–01; 8:45 am] or loiter in the regulated area; nor shall procedure under 5 U.S.C. 553(b)(A). BILLING CODE 4910–15–M any person or vessel transit through the Alternatively, the Coast Guard’s regulated area, or otherwise impede the implementation of this action without transit of participant or official patrol opportunity for public comment, DEPARTMENT OF TRANSPORTATION vessels in the regulated area, unless effective immediately upon publication cleared for such entry by or through an today in the Federal Register, is based Coast Guard official patrol vessel acting on behalf of on the good cause exceptions in 5 U.S.C. the Patrol Commander. 553(b)(B) and 553(d)(3). Seeking public 33 CFR Part 117 Dated: January 30, 2001. comment is impracticable, unnecessary, [CGD01–01–013] D.W. Kunkel, and contrary to the public interest. The U.S. Coast Guard Commander, Eleventh Coast temporary 60-day delay in effective date Drawbridge Operation Regulations: Guard District, Acting. is necessary to give Department officials Chelsea River, MA [FR Doc. 01–3371 Filed 2–8–01; 8:45 am] the opportunity for further review and AGENCY: Coast Guard, DOT. BILLING CODE 4910–15–P consideration of new regulations, consistent with the Assistant to the ACTION: Notice of temporary deviation President’s memorandum of January 20, from regulations. DEPARTMENT OF TRANSPORTATION 2001. Given the imminence of the SUMMARY: The Commander, First Coast effective day, seeking prior public Guard District, has issued a temporary Coast Guard comment on this temporary delay deviation from the drawbridge operation would have been impractical, as well as regulations governing the operation of 33 CFR Part 100 contrary to the public interest, in the the Chelsea Street Bridge, at mile 1.2, orderly promulgation and [CGD 95–059] across the Chelsea River between East implementation of regulations. The Boston and Chelsea, Massachusetts. imminence of the effective date is also RIN 2115–AF17 This deviation allows the bridge owner good cause for making this action to keep the bridge in the closed position effective immediately upon publication. Regattas and Marine Parades: Delay of from 6 a.m. on February 7, 2001 through We are changing the dates in 33 CFR Effective Date 6 a.m. on February 8, 2001 and from 6 100.15(d) and (e), Submission of a.m. on February 21, 2001 through 6 AGENCY: Coast Guard, DOT. application, to delay them for 60 days. a.m. on February 22, 2001. This action ACTION: Final rule; delay of effective The original dates were keyed to the is necessary to facilitate emergency date and conforming amendments. effective date of the final rule. maintenance at the bridge. Therefore, because of the 60-day delay SUMMARY: In accordance with the in the effective date of the final rule, we DATES: This deviation is effective from memorandum of January 20, 2001, from are changing, in § 100.15(d) and (e), February 7, 2001 through February 8, the Assistant to the President and Chief ‘‘July 10, 2001,’’ to ‘‘September 8, 2001 and from February 21, 2001 of Staff, entitled ‘‘Regulatory Review 2001,’’ and, in § 100.15(e), ‘‘September through February 22, 2001. Plan,’’ published in the Federal Register 24, 2001,’’ to ‘‘November 23, 2001.’’ FOR FURTHER INFORMATION CONTACT: John on January 24, 2001 (66 FR 7702), this W. McDonald, Project Officer, First action temporarily delays for 60 days List of Subjects in 33 CFR Part 100 Coast Guard District, at (617) 223–8364. the effective date of the rule entitled Marine safety, Navigation (water), SUPPLEMENTARY INFORMATION: The ‘‘Regattas and Marine Parades,’’ Reporting and recordkeeping Chelsea Street Bridge, at mile 1.2, across published in the Federal Register on requirements, Waterways. the Chelsea River, has a vertical January 9, 2001, 66 FR 1580, and makes For the reasons discussed in the clearance of 9 feet at mean high water, conforming amendments to reflect the preamble, the Coast Guard amends 33 and 19 feet at mean low water in the effective date delay. That rule CFR part 100 as follows: closed position. The existing establishes the minimum time for drawbridge operating regulations submitting an application to hold a PART 100—SAFETY OF LIFE ON require the bridge to open on signal at regatta or marine parade before the NAVIGABLE WATERS all times. event is scheduled to take place. The bridge owner, the City of Boston, DATES: The effective date of the final 1. The authority citation for part 100 requested a temporary deviation from rule, amending 33 CFR part 100 and continues to read as follows: the drawbridge operating regulations to withdrawing the interim rule published Authority: 33 U.S.C. 1233; 49 CFR 1.46. facilitate emergency structural at 61 FR 33027, published in the maintenance and repairs to the alternate § 100.15 [Amended] Federal Register on January, 2001, at 66 operating system at the bridge. FR 1580, is delayed for 60 days, from 2. In § 100.15, as amended at 66 FR This deviation from the operating March 12, 2001, until May 11, 2001. The 1582 effective May 11, 2001, in regulations allows the bridge owner to
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keep the bridge in the closed position SUPPLEMENTARY INFORMATION: The ADDRESSES: You may mail comments from 6 a.m. on February 7, 2001 through Brorein Street Bridge across the and related material to Commander 6 a.m. on February 8, 2001 and from 6 Hillsborough River at Tampa, has a (obr), Seventh Coast Guard Guard a.m. on February 21, 2001 through 6 vertical clearance of 15 feet above mean District, 909 SE. 1st Avenue, Miami, FL a.m. on February 22, 2001. high water (MHW) measured at the 33131. Comments and material received Thirty days notice to the Cost Guard fenders in the closed position with a from the public, as well as documents for approval of this maintenance repair horizontal clearance of 80 feet. On indicated in this preamble as being was not given by the bridge owner and January 31, 2001, Acutec, Inc., acting as available in the docket, will become part was not required because this work an agent for the drawbridge owner, of this docket and will be available for involves vital, unscheduled requested a deviation from the current inspection or copying at Commander maintenance that must be performed operating regulation in 33 CFR (obr), Seventh Coast Guard District, 909 without undue delay. 117.291(a) which requires the SE., 1st Avenue, Miami, FL 33131 Vessels that can pass under the bridge drawbridge to open on signal if at least between 7:30 a.m. and 4 p.m., Monday without an opening may do so at all two hours notice is given. This through Friday, except Federal times during the closed period. temporary deviation was requested to Holidays. allow necessary repairs to the In accordance with 33 CFR 117.35(c), FOR FURTHER INFORMATION CONTACT: Mr. drawbridge in a critical time sensitive this work will be performed with all due Barry Dragon, Chief, Operations Section, speed in order to return the bridge to manner. The District Commander has granted Seventh Coast Guard District, Bridge normal operation as soon as possible. Section at (305) 415–6743. This deviation from the operating a temporary deviation from the SUPPLEMENTARY INFORMATION: The regulations is authorized under 33 CFR operating requirements listed in 33 CFR Sanibel Causeway Bridge across San 117.35. 117.291(a) for the purpose of repair completion of the drawbridge. Under Carlos Bay at Punta Rassa, is a double Dated: January 30, 2001. this deviation, the Brorein Street Bridge leaf bridge with a vertical clearance of G.N. Naccara, need not open from 7 a.m. February 26, 26 feet above mean high water (MHW) U.S. Coast Guard, Commander, First Coast 2001 until 12 p.m. March 2, 2001. The measured at the fenders in the closed Guard District. deviation is effective for five days. position with a horizontal clearance of [FR Doc. 01–3375 Filed 2–8–01; 8:45 am] 90 feet. The current operating regulation Dated: February 1, 2001. BILLING CODE 4910–15–M in 33 FR 117.317(j) requires the bridge Greg E. Shapley, to open on signal; except that from 11 Chief, Bridge Administration, Seventh Coast a.m. to 6 p.m., the draw need open only Guard District. DEPARTMENT OF TRANSPORTATION on the hour, quarter hour, half hour, and [FR Doc. 01–3374 Filed 2–8–01; 8:45 am] three quarter hour. From 10 p.m. to 6 Coast Guard BILLING CODE 4910–15–M p.m. the draw will open on signal if at least a five-minute advance notice is 33 CFR Part 117 given. DEPARTMENT OF TRANSPORTATION On November 28, 2000, the [CGD07–01–009] Coast Guard drawbridge owner requested a deviation from the current operating regulations to Drawbridge Operation Regulations; 33 CFR Part 117 allow the owner to conduct a study of Brorein Street Bridge, Across the the bridge openings and vehicular traffic Hillsborough River, Tampa, FL [CGD07–01–005] patterns which are exacerbated during the winter tourist season. The temporary AGENCY: Coast Guard, DOT. Drawbridge Operation Regulations; schedule will require the bridge to open Sanibel Causeway Bridge ACTION: Notice of temporary deviation on signal; except that from 7 a.m. to 6 from regulations. AGENCY: Coast Guard, DOT. p.m., the draw need open only on the SUMMARY: The Commander, Seventh ACTION: Notice of temporary deviation hour and half-hour. The five-minute Coast Guard District, has approved a from regulations. notice from 10 p.m. to 6 a.m. will temporary deviation from the remain in effect. SUMMARY: The Commander, Seventh The District Commander has granted regulations governing the operation of Coast Guard District, has approved a the Brorein Street Bridge across the a temporary deviation from the temporary deviation from the operating requirements listed in 33 CFR Hillsborough River, mile 0.16, Tampa, regulations governing the operation of Florida. This deviation allows the 117.317(j) for the purpose of conducting the Sanibel Causeway Bridge (SR 869) this study. Under this deviation, the drawbridge to remain closed to across San Carlos Bay, mile 151, Punta navigation for five days, from 7 a.m. on Sanibel Causeway Bridge need only Rassa, Florida. This deviation will open on the hour and half hour, 7 a.m. February 26, 2001 until 12 p.m. on change the drawbridge operation March 2, 2001. This temporary to 6 p.m., from March 1, 2001 until schedule to determine whether a April 30, 2001. From 10 p.m. to 6 a.m. deviation is required to allow the bridge permanent change to the schedule is owner to safety complete removal of the draw will open on signal if at least needed. This deviation extends the a five-minute advance notice is given. asbestos from the tender’s control room scheduled bridge openings each day by and from the electrical wiring of the The deviation is effective from March 1, four hours and also changes the period 2001 to April 30, 2001. bridge operating system. of the openings from every 15 minutes DATES: This deviation is effective from to every 30 minutes, from March 1, 2001 Request for Comments February 26, 2001 to March 2, 2001. to April 30, 2001. We encourage you to participate in FOR FURTHER INFORMATION CONTACT: Mr. EFFECTIVE DATE: This deviation is this evaluation of the test schedule by Barry Dragon, Chief, Operations Section, effective from March 1, 2001, to April submitting comments and related Seventh Coast Guard District, Bridge 30, 2001. Comments must be received material. If you do so, please include Section at (305) 415–6743. by May 30, 2001. your name and address, identify the
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docket number for this deviation Division (3903R), United States FOR FURTHER INFORMATION CONTACT: [CGD07–01–005], indicate the specific Environmental Protection Agency, 1200 Peter Hagerty, (617) 918–1049. section of this document to which each Pennsylvania Ave., NW, Washington, SUPPLEMENTARY INFORMATION: This comment applies, and give the reason DC 20460, Telephone: (202) 564–5376, Supplementary Information section is for each comment. Please submit all [email protected]. organized as follows: comments and related material in an SUPPLEMENTARY INFORMATION: I. What action is EPA taking today? 1 The unbound format, no larger than 8 ⁄2 by temporary 60-day delay in effective date II. What deficiencies were identified in the 11 inches, suitable for copying. If you is necessary to give Agency officials the notice of proposed rulemaking and how would like to know if they reached us, opportunity for further review and did Rhode Island address them? please enclose a stamped, self-addressed III. What emission reduction credit may consideration of new regulations, Rhode Island assume in the interim until postcard or envelope. We will consider consistent with the Assistant to the all comments and material received the EPA has information available to assign President’s memorandum of January 20, appropriate credit? during the comment period. 2001. This action involves matters IV. EPA Action. Dated: February 1, 2001. relating to grants and under 5 U.S.C. V. Administrative Requirements. Greg E. Shapley, 553(a)(2) is thus exempt from the notice I. What Action is EPA Taking Today? Chief, Bridge Administration, Seventh Coast and comment requirements of the Guard District. Administrative Procedure Act. In this action we are approving the [FR Doc. 01–3373 Filed 2–8–01; 8:45 am] submittal of an enhanced motor vehicle Dated: January 29, 2001. inspection and maintenance (I/M) BILLING CODE 4910–15–M David J. O’Connor, program submitted by Rhode Island as Acting Assistant Administrator, Office of a formal SIP revision on January 19, Administration and Resources Management. 2001. We are also approving an interim ENVIRONMENTAL PROTECTION [FR Doc. 01–3380 Filed 2–8–01; 8:45 am] level of emission reduction credit for AGENCY BILLING CODE 6560–50–U Rhode Island to use for planning purposes. This action was proposed on 40 CFR Parts 31 and 35 December 18, 2000 in the Federal [FRL–6943–5] ENVIRONMENTAL PROTECTION Register (65 FR79040) and no comments AGENCY were received on the proposal.1 RIN 2030 AA56 40 CFR Part 52 II. What Deficiencies Were Identified in Environmental Program Grants for the Notice of Proposed Rulemaking and Tribes, Final Rule: Delay of Effective [RI–01–043–6991a; A–1–FRL–6943–3] How Did Rhode Island Address Them? Date In order to meet certain requirements Approval and Promulgation of Air of EPA’s I/M rule, Rhode Island was AGENCY: Environmental Protection Quality Implementation Plans; Rhode required to include in its final Agency (EPA). Island; Enhanced Motor Vehicle submittal: (1) a commitment to maintain ACTION: Final rule; delay of effective Inspection and Maintenance Program date. a 96% compliance rate (or revise the SIP AGENCY: Environmental Protection accordingly), (2) the appropriate SUMMARY: In accordance with the Agency (EPA). enforcement oversight provisions for the memorandum of January 20, 2001, from ACTION: Final rule. Department of Motor Vehicles (DMV), the Assistant to the President and Chief and (3) a demonstration of the of Staff, entitled ‘‘Regulatory Review SUMMARY: EPA is approving a State performance of its test-and-repair Plan,’’ published in the Federal Register Implementation Plan (SIP) revision network. The final SIP submittal from on January 24, 2001, this action submitted by the State of Rhode Island. Rhode Island address each of these temporarily delays for 60 days the This revision establishes and requires requirements. Section 2 of the SIP effective date of the rule entitled the implementation of an enhanced narrative entitled ‘‘I/M Performance Environmental Program Grants for motor vehicle inspection and Standard,’’ now includes the Tribes, published in the Federal maintenance program. The intended appropriate commitment, as required by Register on January 16, 2001, 66 FR effect of this action is to approve this 40 CFR 51.361—Motorist Compliance 3781. This rule concerns several program. This action is being taken in Enforcement, to a 96% compliance rate. Environmental Protection Agency (EPA) accordance with the Clean Air Act. grant programs for Indian Tribes and 1 EPA proposed this SIP revision using a ‘‘parallel EFFECTIVE DATE: This rule will become process.’’ EPA provided for the public to comment Intertribal Consortia. It creates a new effective on March 12, 2001. on this SIP revision by making available the rules Tribal-specific subpart which contains ADDRESSES: Copies of the documents and materials that Rhode Island was proposing for approval on the state level in parallel with EPA’s only the provisions for environmental relevant to this action are available for program grants that apply to Tribes and action. Rhode Island promulgated those rules prior public inspection during normal to submitting them to EPA for this approval. One addresses the Performance Partnership business hours, by appointment at the set of rules implementing this I/M program (Rhode Grant program for Tribes. Office of Ecosystem Protection, U.S. Island Motor Vehicle Safety and Emissions Control DATES: The effective date of the Regulation No. 1) will not be finally effective until Environmental Protection Agency, EPA- January 31, 2001, because Rhode Island law Environmental Program Grants for New England, One Congress Street, 11th requires 20 days to elapse after a regulation is filed Tribes regulation amending 40 CFR floor, Boston, MA; Air and Radiation with the Secretary of State. Therefore, Regulation parts 31 and 35 published in the No. 1 will be effective shortly after signature of this Docket and Information Center, U.S. notice, but prior to publication of this action in the Federal Register on January 16, 2001, at Environmental Protection Agency, Federal Register and prior to this action taking 66 FR 3781, is delayed for 60 days, from Room M–1500, 401 M Street, (Mail Code effect under the Clean Air Act. EPA is signing this February 15, 2001, to a new effective 6102), SW., Washington, DC; and action now because the State has done everything date of April 17, 2001. necessary for Regulation No. 1 to take effect on Department of Environmental January 31, 2001, and we are simply awaiting FOR FURTHER INFORMATION CONTACT: W. Management, 235 Promenade Street, passage of the 20 day filing period. See R.I. Gen. Scott McMoran, Grants Administration Providence, RI 02908–5767. Laws section 42–35–4(b).
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In section 14 of the SIP narrative Nothing in this action should be that otherwise satisfies the provisions of entitled ‘‘Motorist Compliance construed as permitting or allowing or the Clean Air Act. Thus, the Enforcement,’’ information on training, establishing a precedent for any future requirements of section 12(d) of the auditing, and oversight of enforcement request for revision to any State National Technology Transfer and personnel which meets the implementation plan. Each request for Advancement Act of 1995 (15 U.S.C. requirements of 40 CFR 51.362— revision to the State implementation 272 note) do not apply. As required by Motorist Compliance Enforcement plan shall be considered separately in section 3 of Executive Order 12988 (61 Oversight has been added. Lastly, as light of specific technical, economic, FR 4729, February 7, 1996), in issuing required in the notice of proposed and environmental factors and in this rule, EPA has taken the necessary rulemaking, Rhode Island has submitted relation to relevant statutory and steps to eliminate drafting errors and information on failure rate by model regulatory requirements. ambiguity, minimize potential litigation, and provide a clear legal standard for year, number of waivers issued by V. Administrative Requirements month for the first six months of the affected conduct. EPA has complied program, and station audit sheets for a Under Executive Order 12866 (58 FR with Executive Order 12630 (53 FR typical month of the program. The 51735, October 4, 1993), this action is 8859, March 15, 1988) by examining the failure rates are almost identical to a not a ‘‘significant regulatory action’’ and takings implications of the rule in nearby state utilizing the same therefore is not subject to review by the accordance with the ‘‘Attorney equipment and test method. The waiver Office of Management and Budget. This General’s Supplemental Guidelines for rate is 2.8% which is below the 3% in action merely approves state law as the Evaluation of Risk and Avoidance of the plan, and the station audits show a addressing Federal requirements and Unanticipated Takings’’ issued under very high rate of compliance. See imposes no additional requirements the executive order. This rule does not supplemental technical support beyond those imposed by state law. impose an information collection document dated January 24, 2001 for Accordingly, the Administrator certifies burden under the provisions of the more specific information on this that this rule will not have a significant Paperwork Reduction Act of 1995 (44 evaluation. EPA has concluded that economic impact on a substantial U.S.C. 3501, et seq.). Rhode Island’s I/M program number of small entities under the The Congressional Review Act, 5 performance is sufficiently effective to Regulatory Flexibility Act (5 U.S.C. 601 U.S.C. 801 et seq., as added by the Small meet the low enhanced performance et seq.). Because this rule approves pre- Business Regulatory Enforcement existing requirements under state law standard. Rhode Island has met the Fairness Act of 1996, generally provides and does not impose any additional requirements of section 40 CFR 51.353. that before a rule may take effect, the enforceable duty beyond that required (See III. below for information on agency promulgating the rule must by state law, it does not contain any interim credit.) submit a rule report, which includes a unfunded mandate or significantly or copy of the rule, to each House of the III. What Emission Reduction Credit uniquely affect small governments, as Congress and to the Comptroller General May Rhode Island Assume in the described in the Unfunded Mandates of the United States. EPA will submit a Interim Until the EPA has Information Reform Act of 1995 (Public Law 104–4). report containing this rule and other Available to Assign Appropriate For the same reason, this rule also does required information to the U.S. Senate, Credit? not significantly or uniquely affect the the U.S. House of Representatives, and communities of tribal governments, as the Comptroller General of the United As discussed in detail in the proposed specified by Executive Order 13084 (63 States prior to publication of the rule in rulemaking notice, we are approving the FR 27655, May 10, 1998). This rule will the Federal Register. A major rule use of 75% of I/M 240 credit for future not have substantial direct effects on the cannot take effect until 60 days after it air quality planning in Rhode Island. States, on the relationship between the is published in the Federal Register. Once the comparison study results are national government and the States, or This action is not a ‘‘major rule’’ as available from the Massachusetts study on the distribution of power and defined by 5 U.S.C. 804(2). on this same test type which Rhode responsibilities among the various Under section 307(b)(1) of the Clean Island will be relying on to verify its levels of government, as specified in Air Act, petitions for judicial review of credit, EPA will establish appropriate Executive Order 13132 (64 FR 43255, this action must be filed in the United credit for the BAR31 test done on August 10, 1999), because it merely States Court of Appeals for the NYTEST equipment. If the emission approves a state rule implementing a appropriate circuit by April 10, 2001. reduction credits assigned do not meet Federal standard, and does not alter the Filing a petition for reconsideration by or exceed the credit assumed by Rhode relationship or the distribution of power the Administrator of this final rule does Island, Rhode Island and EPA will take and responsibilities established in the not affect the finality of this rule for the appropriate action to correct any SIP Clean Air Act. This rule also is not purposes of judicial review nor does it shortfall in any SIP demonstrations that subject to Executive Order 13045 (62 FR extend the time within which a petition may rely on credit from the I/M 19885, April 23, 1997), because it is not for judicial review may be filed, and program. economically significant. shall not postpone the effectiveness of Other specific requirements of the In reviewing SIP submissions, EPA’s such rule or action. This action may not EPA I/M rule and the rationale for EPA’s role is to approve state choices, be challenged later in proceedings to proposed action are explained in the provided that they meet the criteria of enforce its requirements. (See section NPR and will not be restated here. No the Clean Air Act. In this context, in the 307(b)(2).) public comments were received on the absence of a prior existing requirement NPR. for the State to use voluntary consensus List of Subjects in 40 CFR Part 52 standards (VCS), EPA has no authority Environmental protection, Air IV. EPA Action to disapprove a SIP submission for pollution control, Carbon monoxide, EPA is approving the Rhode Island failure to use VCS. It would thus be Hydrocarbons, Intergovernmental enhanced motor vehicle inspection and inconsistent with applicable law for relations, Nitrogen dioxide, Ozone, maintenance program as a revision to EPA, when it reviews a SIP submission, Reporting and recordkeeping the Rhode Island SIP. to use VCS in place of a SIP submission requirements.
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Dated: January 31, 2001. PART 52—[AMENDED] in numerical order under ‘‘Air Pollution Stephen Perkins, Control Regulation’’ and by adding a Acting Regional Administrator, EPA-New 1. The authority citation for part 52 new State citation to the end of the table England. continues to read as follows: for ‘‘Rhode Island Motor Vehicle Safety Authority: 42 U.S.C. 7401 et seq. and Emissions Control Regulation’’ to Part 52 of chapter I, title 40 of the read as follows: Code of Federal Regulations is amended Subpart OO—Rhode Island as follows: § 52.2070 Identification of plan. 2. In § 52.2070 the table in paragraph * * * * * (c) is amended by adding a new entry (c) * * *
EPA APPROVED RHODE ISLAND REGULATIONS
State citation Title/subject State effective date EPA approval date Explanations
******* Air Pollution Control Regula- Rhode Island Motor Vehicle March 30, 2000 ...... February 9, 2001 ...... Department of Environmental tion No. 34. Inspection/Maintenance Management regulation Program. containing I/M standards.
******* Rhode Island Motor Vehicle Rhode Island Motor Vehicle January 31, 2001 ...... [Insert FR citation from Department of Administration Safety and Emissions Con- Inspection/Maintenance published date]. regulation for the I/M pro- trol Regulation No. 1. Program. gram.
*******
[FR Doc. 01–3284 Filed 2–8–01; 8:45 am] reasonable fee may be charged for held an informational meeting regarding BILLING CODE 6560–50–P copies. the proposal at the Walla Walla County Airport on December 15, 2000. The FOR FURTHER INFORMATION CONTACT: purpose of the meeting was to provide Donna Deneen, EPA, Region 10, Office ENVIRONMENTAL PROTECTION an opportunity for EPA to explain to the of Air Quality (OAQ–107), 1200 Sixth AGENCY community the basis for its proposal Avenue, Seattle, Washington 98101, and an opportunity for the community (206) 553–6706. 40 CFR Part 81 to ask questions of EPA. See 65 FR at SUPPLEMENTARY INFORMATION: [Docket WA–00–01; 6937–5] 77545. EPA also accepted written I. Background comments at the meeting. Clean Air Act Reclassification; Wallula, EPA received written comments on Washington Particulate Matter (PM–10) On November 16, 2000, we solicited the proposal from more than 30 Nonattainment Area public comment on a proposal to find commenters. After carefully reviewing that the Wallula nonattainment area has and considering all comments received, AGENCY: Environmental Protection not attained the National Ambient Air EPA finds that the Wallula Agency (EPA). Quality Standards (NAAQS) for nonattainment area has not attained the ACTION: Final rule. particulate matter with an aerodynamic PM–10 NAAQS by the attainment date diameter of less than or equal to 10 of December 31, 1997, as required by the SUMMARY: EPA has determined that the microns (PM–10) by the attainment date Clean Air Act. Copies of all written Wallula nonattainment area has not of December 31, 1997, as required by the attained the National Ambient Air comments received by EPA are in the Clean Air Act. Such a finding would docket. Quality Standards for particulate matter result in the reclassification of the with an aerodynamic diameter of less Wallula PM–10 nonattainment area as a II. Major Issues Raised By Commenters than or equal to 10 microns by the serious PM–10 nonattainment area by The following is a summary of the attainment date of December 31, 1997, operation of law. In the proposal, we major issues raised in comments on the as required by the Clean Air Act. EPA’s stated that EPA would accept public proposal, along with a summary of finding is based on EPA’s review of comments on the proposal until EPA’s responses to those issues. A monitored air quality data reported for December 1, 2000. See 65 FR 69275. separate document containing responses the years 1995 through 2000. As a result During the public comment period to all comments on the proposal of this finding, the Wallula PM–10 that ended December 1, 2000, numerous (Response to Comments) is in the nonattainment area will be reclassified commenters asked for an extension of docket. by operation of law as a serious PM–10 the public comment period. In light of nonattainment area. the significant public interest in the A. Public Participation DATES: Effective March 12, 2001. proposal and in response to the Almost every commenter requested ADDRESSES: Copies of all information numerous request for an extension, EPA that the original 15-day public comment supporting this action are available for reopened the public comment period to period be extended to provide more public inspection and copying between December 27, 2000, resulting in a public opportunity for public review of EPA’s 8:30 a.m. and 3:30 p.m., Pacific comment period of at least 30 days. See proposal and more opportunity for Standard Time at EPA Region 10, Office 65 FR 77544 (December 12, 2000). In public input. Many requested that the of Air Quality, 10th Floor, 1200 Sixth addition, in conjunction with other public comment period be extended to Avenue, Seattle, Washington 98101. A public agencies in the Wallula area, EPA as long as 120 days and several
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commenters requested that EPA hold a monitoring site is not properly located Although Ecology has recently public hearing before taking final action. and does not meet siting criteria. A asserted that the Wallula monitor is not This action is subject to the primary concern noted by many properly sited, Ecology has entered air requirements of the Administrative commenters was that there is no year- quality data from the monitor into EPA’s Procedures Act (APA) regarding notice round vegetative ground cover near the national air data base for more than a and public comment. 5 U.S.C. 551–559. monitor to keep the impact of wind decade. By entering the data into this The APA requires EPA to provide notice blown dust to a minimum. data base, Ecology certified that the data of all proposed rulemakings in the EPA’s monitoring criteria are is valid data that meets Federal quality Federal Register and to provide specified in 40 CFR 58, appendix D and control/quality assurance requirements. interested persons an opportunity to appendix E (2000). Appendix D See 40 CFR 58.35(d). Ecology used the participate in the rulemaking through describes the monitoring objectives and data from the Wallula monitor in the submission of written data, views, or general criteria for establishing the State preparing a State Implementation Plan arguments, with or without the and Local Air Monitoring Stations for the Wallula PM–10 nonattainment opportunity for oral presentation. 5 (SLAMS) network. Appendix E contains area, which it submitted to EPA in U.S.C. 553(b) and (c). As discussed specific siting criteria for the placement November 1991. See State above, in response to the many requests of ambient air quality sampling probes Implementation Plan for Particulate for an extension of the public comment and samplers for measuring air quality. Matter in the Wallula Study Area period, EPA reopened the public As early as the mid 1980s, EPA (November 1991) (1991 Wallula SIP). In comment period on the proposal, evaluated the Wallula site and found addition, Ecology specifically stated in providing at least 30 days for public that it met all of the EPA siting criteria. a 1993 letter to a local citizen that the comment. The issues involved in the More recently, in response to concerns monitor is in a good location. See Letter proposal are relatively straightforward: raised during the public comment from Claude W. Sappington to Randy Whether the available air monitoring period on this action, EPA again visited Buchanan, dated August 5, 1993. data shows that the Wallula PM–10 the Wallula monitoring site, reviewed Finally, as recently as June 1998, nonattainment area attained the PM–10 the Federal siting criteria, and Ecology included the Wallula monitor NAAQS by the attainment date of confirmed that the Wallula monitoring in its SLAMS network description for December 31, 1997. As discussed in site meets the criteria in both EPA approval. more detail below, the air quality data appendices D and E of 40 CFR 58. See 2. Flying Ant Infestation on which EPA is relying in this action Memorandum from Steven K. Body to Several commenters stated that has been certified by State of Files, ‘‘Evaluation of the Wallula PM–10 Washington, Department of Ecology additional analysis of the filters that Monitoring Site, Wallula, Washington,’’ were collected on June 3, 1997, and July (Ecology), as valid data and was put into (January 11, 2001). a publicly available data system several 23, 1999, should be conducted to It is important to note that the criteria determine the extent of filter years ago. EPA believes that, under the providing that monitoring sites should circumstances, a public comment period contamination due to ‘‘flying ant not be located in an unpaved area infestations.’’ These commenters of at least 30 days provided an adequate unless there is vegetative ground cover asserted that there was a correlation opportunity for interested parties to year round is stated as a ‘‘should,’’ and between flying ant infestations and the participate in the rulemaking process. thus is a goal for consistency of data days on which these exceedances were With respect to the requests for a among monitoring sites across the hearing, the APA does not require a recorded at the Wallula monitoring site. country, but is not a requirement. See 40 According to the commenters, public hearing before final action. CFR part 58, appendix E, section 8.4. In Rather, it makes clear that the additional analysis could show that the any event, although the Wallula data was contaminated and should be requirement to provide interested monitoring site is located in an area of invalidated. persons an opportunity to participate in very fine soil that is easily entrained by In response to these concerns, the rulemaking process through the wind, the surrounding area does have Ecology’s Manchester Laboratory, in submission of written data, views, or some limited natural vegetation of cooperation with Bacon Donaldson arguments may be ‘‘with or without Russian Thistle, sage and grass Laboratory in Richmond, British opportunity for oral presentation.’’ 5 providing some protection from wind Columbia, conducted additional U.S.C. 553(c). In this case, EPA erosion. Moreover, the soil and analysis of the filter samples collected determined that an informational vegetation near the Wallula monitor is on July 3, 1997, and June 23, 1999, to meeting, rather than a public hearing, representative of large areas of the determine if the filter samples had been would more appropriately respond to Wallula PM–10 nonattainment area and contaminated by swarms of flying ants the public’s request for information and is not unique to the area surrounding on those days. According to Ecology, the explanation regarding the basis for the monitoring site. It is thus filters were examined using light EPA’s action than would a public representative of population exposure in microscopy and scanning electron hearing. EPA notes that, of the seven the area. Some areas near the Wallula microscopy (SEM). The light commenters submitting comments on monitoring site do not have any ground microscopy found possible insect parts. the proposal after the original public cover. In general, these areas are areas The more definitive SEM found no comment period was reopened and the that are impacted by human obvious insect fragments. Most of the informational meeting held, only one (anthropogenic) activities, and include particles on the filters consisted of small person requested that EPA hold a public off-road motor vehicle tracks, the mineral grains or clumps of small hearing before taking final action. monitoring site service access road, a mineral grains. Pollen grains were found B. Monitoring fertilizer composting facility, and a scattered throughout as a minor fraction cattle feedlot. Thus, to the extent the of the dust samples. Ecology has 1. Location of the Wallula Monitoring monitor is impacted by windblown concluded, and EPA agrees, that filters Site dust, the dust is attributable in part to for July 3, 1997, and June 23, 1999, were Many commenters, including Ecology, human activities and therefore not compromised by contamination commented that the Wallula PM–10 appropriately measured by the monitor. with insect fragments and are valid. See
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Letter from Mary Burg, Washington is included in the Wallula PM–10 regulatory authority over some sources Department of Ecology, to Donna nonattainment area. During the public in a nonattainment area and a local air Deneen, EPA, Region 10, dated comment period on the 1991 Wallula authority will have primary regulatory December 27, 2000. Therefore, the SIP at the state level, no one asserted authority over other sources in the concentrations of 210 µg/m3 and 297 µg/ that Benton County should be excluded nonattainment area. Coordination m3 stand as the PM–10 concentrations from the nonattainment area. In fact, between Ecology and the local air monitored in Wallula, Washington, for one commenter asserted that progressive pollution control authority with July 3, 1997, and June 23, 1999, tillage practices were needed on farms jurisdiction over Benton County was respectively. in the Horse Heaven Hills area because required for the development of the dust from that area blows into the 3. Purpose of the Monitor 1991 Wallula SIP and coordination Wallula area. 1991 Wallula SIP, between Ecology and BCAA will Several commenters stated that the appendix J, pg. 3. In responding to this continue to be required in future Wallula monitoring site was established comment, Ecology agreed that planning efforts as well. as a special study site and should have progressive farming practices may be been discontinued. The purpose for needed in the Horse Heaven Hills area. D. Classification which the site was originally 1991 Wallula SIP, appendix J, pg. 3.1 1. Considerations in Classification established is irrelevant, however, so Under section 107(d)(1) of the CAA, Many commenters stated that the long as the monitor meets Federal siting nonattainment areas are to include, not proposed reclassification of the Wallula criteria. Even if the Wallula monitor was only areas that do not meet the NAAQS, PM–10 nonattainment area is not originally established as a special study but also areas that contribute to ambient appropriate and not the best way to site, Ecology has included the site in its air quality in a nearby area that does not address potential air problems in the statewide PM–10 SLAMS network and meet the NAAQS. The available area for a variety of reasons. Some has submitted air quality data from the technical information indicates that monitor to the national air data base for emissions from portions of Benton commenters stated that EPA should not more than a decade. In short, regardless County may cause or contribute to take action because the exceedances are of the purpose or objective for which a NAAQS violations in Walla Walla caused by wind blown dust, not human monitoring site was established, if the County. Although the commenters actions, and that EPA must first site meets EPA siting criteria, meets suggest that sources from Benton determine the cause of the exceedances quality assurance requirements, and County are not causing or contributing before finding the Wallula area has not reports valid data, that data can be used to the nonattainment problem in Walla attained the PM–10 standards. Others for determining compliance with the Walla County, they provided no raised concerns with the economic NAAQS. technical information to support this impact of a serious designation on the area’s economic development and with C. Nonattainment Area Boundaries position. It is true that Benton County has a Ecology’s limited resources to address Several commenters stated that the local air pollution control authority air quality issues throughout the State of boundaries of the Wallula PM–10 with primary planning responsibilities Washington. Many commenters stated nonattainment area are arbitrary because for air quality in the County, whereas that EPA should use its discretion to the boundaries were set as a 12 mile Walla Walla County does not, and avoid reclassifying the area to serious. square box centered on the monitoring Ecology therefore has the primary Several noted that the Wallula area is site, which includes portions of both planning responsibilities for Walla sparsely populated. Benton and Walla Walla County. These Walla County. This fact does not, The Wallula area has been designated commenters asserted that the however, support the exclusion of nonattainment for PM–10 and classified boundaries were not based on any Benton County from the nonattainment as a moderate PM–10 nonattainment evidence indicating sources from area, especially in light of available area since 1990, with an original Benton County are causing or information showing that sources in attainment date of December 31, 1994. contributing to the nonattainment portions of Benton County may cause or This attainment date was later extended problem. Moreover, because Benton contribute to PM–10 NAAQS violations to December 31, 1997. Pursuant to County has its own regulatory authority in Walla Walla County. Indeed, there sections 179(c)(1) and 188(b)(2) of the for air (the Benton Clean Air Authority are many other examples of CAA, EPA has the responsibility to or BCAA), whereas Walla Walla County nonattainment areas where more than determine, within six months of the does not and is subject to Ecology’s one air planning authority has applicable attainment date, whether jurisdiction, these commenters argue it jurisdiction. See, e.g., 40 CFR 81.305 PM–10 nonattainment areas attained the is inappropriate for any portion of (PM–10 for Searles Valley planning area PM–10 NAAQS by the attainment date. Benton County to be included in the in California); 81.318 (ozone for If EPA determines that an area is not in nonattainment area. Louisville in Kentucky); 81.331 (New attainment of the PM–10 NAAQS after The boundaries of the Wallula PM–10 York City metropolitan area in New the attainment date, ‘‘the area shall be nonattainment area were established York, New Jersey, and Connecticut). reclassified by operation of law as a based on information provided by Indeed, because local air authorities in Serious Area.’’ CAA section Ecology to EPA in the late 1980s and Washington do not have jurisdiction 188(a)(2)(A). Therefore, once EPA makes early 1990s and a description of the over pulp and paper mills and a finding of nonattainment after the nonattainment area was included in the aluminum plants, it is often the case attainment date, reclassification to 1991 Wallula SIP. The SIP states that ‘‘A that Ecology will have primary serious occurs by operation of law, major area of concern is the Horse without further action by EPA. EPA’s Heaven Hills, * * * a vast area of dry- 1 EPA also notes that, when EPA proposed action discretion in this regard is constrained land wheat farming.’’ 1991 Wallula SIP, on the 1991 Wallula SIP, no one commented that by the requirements of the Clean Air pg. 52. The Horse Heaven Hills area is the boundaries of the nonattainment area were Act. improper. See 60 FR 63019 (December 8, 1995) located in Benton County across the (proposal); 62 FR 3800, 3802 (January 27, 1997) Findings of attainment or Columbia River from the Wallula (noting that EPA received no public comments on nonattainment under section 179(c)(1) monitoring site and a portion of the area its proposal). of the Act are to be based upon an area’s
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‘‘air quality as of the attainment date.’’ cause of the high PM–10 readings in the As noted above, the Wallula area has CAA section 188(b)(2) is consistent with Wallula area would help to better been designated nonattainment for PM– this requirement. With two exceptions identify the sources and activities 10 and classified as moderate since discussed below, the cause of the resulting in the high PM–10 levels 1990. Pursuant to sections 179(c)(1) and exceedances is not relevant to the recorded on the Wallula monitor. This 188(b)(2) of the CAA, EPA is required to determination of whether air quality in information would in turn assist in determine, within six months of the an area is meeting the PM–10 NAAQS. developing a control strategy that would applicable attainment date, whether Similarly, factors such as the economic bring the Wallula area into attainment PM–10 nonattainment areas attained the impact of a reclassification, the number with the PM–10 NAAQS as PM–10 NAAQS by the attainment date. of people living in the nonattainment expeditiously as possible and with the If EPA determines that an area is not in area, the planning authority’s resources best use of limited resources. EPA attainment of the PM–10 NAAQS after needed to address a serious designation, encourages Ecology to work with BCAA, the attainment date, ‘‘the area shall be whether the moderate area SIP is being local government, PM–10 sources, and reclassified by operation of law as a implemented, or the best means of the public in the Wallula area to Serious Area.’’ See CAA section controlling the sources of PM–10 conduct such evaluation. 188(a)(2)(A). emissions are not relevant to the In contrast, the Kennewick/Richland/ 2. Data After December 1997 determination of whether air quality in Pasco Tri-Cities area was designated a nonattainment area meets air quality One commenter stated that EPA’s unclassifiable under the Clean Air Act standards. Under the statutory scheme determination that the Wallula area of 1990. As a result, CAA section enacted by Congress, these factors may failed to attain the PM–10 NAAQS 107(d)(3)(B) (instead of sections to some extent be considered by should not be based on data collected 179(c)(1) and 188(b)(2)) applies to the authorities during the process of after the attainment date of December area. Section 107(d)(3)(B) allows the planning how to bring an area into 31, 1997. In the case of Wallula with an EPA to consider air quality data, attainment, but Congress has not attainment date of December 31, 1997, planning and control considerations, or included them as appropriate for EPA first reviewed data for calendar any other air quality-related consideration in determining whether years 1995, 1996, and 1997. During that considerations the Administrator deems the air quality of an area is meeting period, there were two recorded appropriate in determining whether an Federal standards. exceedances, one on June 21, 1997, and area’s designation should be revised. There are two circumstances in which one on July 3, 1997. As discussed in EPA used this statutory discretion to use the cause of an exceedance is an more detail in section II.F below, a different approach in the case of the appropriate consideration in although Ecology has claimed that the Kennewick/Richland/Pasco Tri-Cities determining the air quality of an area. June 21, 1997, exceedance was due to a area. EPA does not have discretion First, section 188(f) of the Clean Air Act natural event and should not be under the Clean Air Act to designate the gives EPA authority to waive a specific considered in an attainment Wallula PM–10 nonattainment area as date for attainment of the standards determination, Ecology has made no ‘‘unclassifiable’’ for PM–10. Section where EPA makes certain findings such claim for the exceedance on July 107(d)(3)(F) of the Act expressly states regarding the relative impact on air 3, 1997. Because the Wallula monitor is that, ‘‘The Administrator shall not quality of anthropogenic sources of PM– scheduled to sample once every six promulgate any redesignation of any 10 (resulting from human activities) days, each measured exceedance is area (or portion thereof) from versus nonanthropogenic sources of generally counted as six expected nonattainment to unclassifiable.’’ PM–10 (activities where the human role exceedances and represents a violation E. Waiver in the cause of such emissions is highly of the 24-hour PM–10 standard. Thus, attenuated). As discussed in section II.E the data shows that, even if only the Several commenters stated that below, the Wallula area does not qualify data available on or before the Wallula should receive a permanent for a permanent waiver of the attainment date of December 31, 1997, waiver of the attainment date under attainment date. Second, under section is considered and Ecology’s natural section 188(f) of the CAA due to the 107(d)(4)(B)(ii) of the CAA and 40 CFR events flagging is accepted, the Wallula significant contribution of part 50, appendix K, section 2.4, area was still not in attainment of the nonanthropogenic sources. These specific exceedances due to 24-hour PM–10 NAAQS as of the commenters stated that identifying and uncontrollable natural events may be attainment date. EPA disagrees, evaluating the relative contributions of discounted or excluded entirely from however, that data collected after the anthropogenic and nonanthropogenic decisions regarding an area’s air quality attainment date of December 31, 1997, sources to the PM–10 exceedances was status. See also Memorandum from is not relevant to EPA’s decision. The a primary objective of the Columbia EPA’s Assistant Administrator for Air exceedances occurring after the Plateau project and that EPA cannot and Radiation to EPA Regional Air attainment date provide confirmation find the Wallula area has not attained Directors entitled ‘‘Areas Affected by that the Wallula area has not attained the PM–10 NAAQS until EPA Natural Events,’’ dated May 30, 1996 the 24-hour PM–10 standard. determines that windblown dust was (EPA’s Natural Events Policy). As not significantly contributing to the 3. Kennewick Area discussed in section II.F. below, even if measured 1997 PM–10 concentrations. some of the data from the Wallula Several commenters stated that EPA Congress recognized that there may be monitoring site are considered used its discretion in the case of the areas where the NAAQS may never be uncontrollable natural events and Kennewick/Richland/Pasco Tri-Cities attained because of PM–10 emissions excluded from consideration in area in neighboring Benton and Franklin from nonanthropogenic sources, and determining the air quality status of the Counties to designate the area as that the imposition in such areas of area, the remaining data still show that ‘‘unclassifiable’’ because of the certain state planning requirements may the Wallula area has not attained the occurrence of natural events similar to not be justified. Therefore, under PM–10 NAAQS. those that occur in the Wallula area. section 188(f) of the Act, Congress EPA agrees with the commenters that These commenters urged EPA to do the provided a means for EPA to waive a additional evaluation of the data and same for the Wallula area. specific date for attainment and certain
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control and planning requirements the more stringent test for determining would have no practical effect. In when certain conditions are met in the whether to waive serious area contrast, if the contribution of nonattainment area. Section 188(f) requirements would be rendered anthropogenic emissions to the 24-hour provides two types of waivers. First, meaningless. design concentration exceeds 5 µg/3, or EPA may, on a case-by-case basis, waive To avoid this absurd result and only if the contribution to the annual design any PM–10 nonattainment planning grant a waiver of the serious area concentration exceeds 1 µg/3, even after requirement applicable to any serious requirements consistent with the legal the application of all RACM, then the nonattainment area where EPA standard set out in the Act, EPA has area should be reclassified as serious, determines that anthropogenic sources construed section 188(f) to provide that and serious area requirements, of PM–10 do not contribute significantly a moderate area may only qualify for an including best available control to violation of the standards in the area. attainment date waiver if it also measures (BACM), should be Second, EPA may waive a specific date qualifies for a waiver of the serious area implemented. See 59 FR at 42004– for attainment of the standards where requirements under the first sentence of 42005; 58 FR 47383 (September 9, 1993) EPA determines that nonanthropogenic section 188(f). Therefore, EPA must (final action granting waiver of the sources of PM–10 contribute determine that anthropogenic sources in attainment date for Anthony, New significantly to the violation of the the area do not contribute significantly Mexico). If evidence in a given standards in the area. Thus, section to the violation of the PM–10 NAAQS, nonattainment area suggests that 188(f) contains two different legal tests. and that the serious area requirements anthropogenic source contributions are The first test applies to a waiver of the should be waived, before EPA can grant relatively small but not less than serious area requirements and requires an attainment date waiver for a 5 µg/m3, then EPA will review the that EPA determine that anthropogenic moderate area. If such a determination situation on a case-by-case basis taking sources do not contribute significantly is made, then the attainment date may into account relevant information such before EPA grants such a waiver. The be waived and the area would not be as the relative contribution of second test applies to a waiver of an reclassified.2 See 59 FR at 42005; 58 FR nonanthropogenic emissions/ area’s attainment date and requires that 18190, 18192 (April 8, 1993) (proposal anthropogenic emissions and the effects EPA determine that nonanthropogenic to grant a waiver of the attainment date of applying additional controls to both sources contribute significantly before for Anthony, New Mexico). types of sources. waiving the attainment date. The first In the Serious Area Guidance, EPA set In the Serious Area Guidance, EPA test is more stringent than the second. forth threshold levels for determining also discussed temporary waivers of the attainment date for moderate areas. In EPA has issued guidance addressing whether areas qualify for waivers under section 188(f). Where emissions from all cases where preliminary data (emission implementation of section 188(f) and inventory, filter analysis, etc.) reconciling the two legal tests set out in anthropogenic sources as a whole µ 3 persuasively indicate that that provision and cited above. See 59 contribute less than or equal to 5 g/m to 24-hour average design anthropogenic emissions may be FR 41998 (August 16, 1994) (‘‘State insignificant and that nonanthropogenic Implementation Plans for Serious PM– concentrations and less than or equal to 1 µg/m3 to annual mean design emissions may be significant in an area, 10 Nonattainment Areas, and but such data are not decisive, then EPA Attainment Date Waivers for PM–10 concentrations in a nonattainment area, after all reasonably available control has stated it will consider granting a Nonattainment Areas Generally; temporary or conditional waiver of the Addendum to the General Preamble for measures (RACM) have been implemented,3 EPA will generally moderate area attainment date for no the Implementation of Title I of the more than three years to allow further Clean Air Act Amendments of 1990’’, regard such contributions as insignificant for purposes of waiving evaluation of the situation. See 59 FR at referred to hereafter as ‘‘Serious Area 42005–42006. In the case of Wallula, Guidance’’). In particular, EPA noted requirements applicable to serious PM– 10 nonattainment areas pursuant to EPA granted a temporary waiver to that the disparity between the legal tests extend the attainment date for Wallula set out in section 188(f) could lead to an section 188(f). In addition, if an area meeting this test has not yet been to December 31, 1997, based on absurd result. If, for example, a preliminary information that moderate area was granted a permanent reclassified as serious and the area would qualify under this test for a nonanthropogenic sources of PM–10 waiver because nonanthropogenic may be significant in the Wallula area. sources contribute significantly to waiver of certain serious area requirements as deemed appropriate by See 60 FR 63109 (December 6, violations of the PM–10 NAAQS, the 1995)(proposed action); 62 FR 3800 attainment date for the area would be EPA, then EPA will generally not require reclassification, since that action (January 27, 1997) (final action). The vacated. Therefore, the moderate area temporary waiver was intended to would not be subject to reclassification 2 These special considerations would not be provide Ecology time to evaluate further under section 188(b) because there relevant where EPA is determining whether to the Wallula nonattainment area and to simply would be no attainment date that waive the attainment date for a serious area (rather determine the significance of the the area cannot practicably meet or that than a moderate area) since waiving the date in anthropogenic and nonanthropogenic the area fails to meet. The result would such circumstances would not as a matter of course have the effect of relieving the area of the serious sources impacting the area. Once these be that a moderate area would be area requirements. An area already reclassified as activities were complete or the effectively relieved from the serious area serious could qualify for an attainment date waiver temporary waiver expired, EPA stated it requirements without having met the solely by showing that nonanthropogenic emissions would make a decision on whether the more stringent test that Congress contribute significantly to the nonattainment problem. area was eligible for a permanent waiver expressly required to be met as a 3 Implementation of RACM (including reasonably under section 188(f) of the CAA or prerequisite to a waiver of such available control technology (RACT)) is required in whether the area had attained the 24- requirements in the first sentence of all moderate PM–10 nonattainment areas and that hour PM–10 standard by the extended section 188(f)—a determination that requirement is not waived under the provisions of attainment date. See 62 FR at 3802. section 188(f). Therefore, the issue is whether anthropogenic sources of PM–10 do not anthropogenic sources still contribute significantly Because Wallula is currently contribute significantly to violation of to violations of the NAAQS in an area, after classified as a moderate PM–10 the PM–10 NAAQS. In such an event, implementing RACM. nonattainment area, EPA must find that
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anthropogenic sources in the area do not the present. The researchers attributed and all other anthropogenic sources in contribute significantly to violation of this increase to an increase in dust the nonattainment area and the the PM–10 NAAQS before EPA will deposition. The report further states that surrounding county were insignificant, grant a permanent waiver of the specific characteristics of the dust (i.e., and that nonanthropogenic emissions moderate area attainment date for the mean diameter and the amount of from the surrounding desert and Wallula, which in turn would forestall PM–10) corroborate the assumption that rangelands were overwhelmingly the reclassification of the area to serious. agricultural activity led to this increase. dominant sources of PM–10 ambient Although more than three years have See Columbia Plateau Particulate Matter concentrations in the Anthony PM–10 elapsed since expiration of Wallula’s Research Project, Final Report: nonattainment area. Therefore, EPA temporary waiver, Ecology has not Executive Summary (March 1998). waived the moderate attainment date for submitted a request for a permanent Moreover, the overall tenor of the the Anthony PM–10 nonattainment area waiver under section 188(f) of the CAA. project focuses on the impacts of the pursuant to section 188(f) of the CAA. Nor has Ecology submitted any wind on farming and best management See 58 FR at 18192–18194. EPA does information to support a finding that practices for reducing those impacts. In not believe that a waiver of the anthropogenic sources in the area do not fact, a publication published by the moderate area attainment date is contribute significantly to violation of Columbia Plateau Project, ‘‘Farming appropriate in the case of the Wallula the PM–10 NAAQS in the Wallula PM– with the Wind,’’ maintains that, in the PM–10 nonattainment area because it 10 nonattainment area. Columbia Plateau, fine particulates in has not been established that In addition, information available to the air are usually attributed to wind anthropogenic sources of PM–10 in the EPA does not support such a finding. erosion of field soils. See Farming with area contribute only insignificantly to First, a review of the location of the the Wind (1998). Here and throughout violation of the PM–10 NAAQS. monitor itself strongly suggests that the the document, this publication makes F. Natural Events impact of anthropogenic sources is not clear the connection between wind and insignificant. Within a two kilometer farming and, in promoting best 1. Wallula Exceedances as Natural radius of the Wallula monitor lie a pulp management practices, suggests that Events mill, a feed lot with capacity for over agricultural activities exacerbate the sixty thousand cattle, a beef processor, Numerous commenters stated that the effects of the wind. For these reasons we exceedances of the PM–10 NAAQS at a composting facility, a tree farm, and a believe that anthropogenic sources of highway, which collectively emit more the Wallula monitoring site are caused PM–10 can not be characterized as by windblown dust, which is than 631 tons of PM–10 each year. contributing only insignificantly to Second, based on the 1991 Wallula SIP, considered a ‘‘natural event,’’ and violation of the 24-hour PM–10 standard should be excluded in determining the although 95% of the PM–10 emissions in the Wallula area. in the nonattainment area are classified attainment status of the Wallula area. In by the State as ‘‘wind blown dust,’’ the The information regarding the mix of addition to the waiver provisions of State characterizes the emissions as anthropogenic and nonanthropogenic section 188(f) of the CAA, the Clean Air ‘‘agricultural wind blown dust,’’ that is, sources in the Wallula area is in marked Act provides for the exclusion of certain dust from crop land subject to contrast to the information provided by data attributable to uncontrollable agricultural practices. The SIP also New Mexico, in seeking a permanent natural events from attainment states that ‘‘A major source of waiver of the moderate attainment date determinations. See CAA section windblown dust in the area are under section 188(f) for Anthony, New 107(d)(4)(B)(ii) and 40 CFR part 50, agricultural fields lying fallow or bare.’’ Mexico. In that case, New Mexico appendix K, section 2.4. Appendix K Of the approximately 92,160 acres in the submitted information showing that, in provides, in part, that measured Wallula PM–10 nonattainment area, the Anthony nonattainment area, there exceedances of the PM–10 NAAQS in approximately 41,420 acres are under are no point sources emissions and only an area may be discounted from cultivation for wheat, corn, or alfalfa. 37.4 tons/year of PM–10 emissions from determinations regarding nonattainment Ecology and EPA have participated in area sources (mostly roads) and that, in status if the data are shown to be a research project to better understand the county in which the nonattainment influenced by uncontrollable events the causes and impacts of wind erosion area is located, there are 72.1 tons/year caused by natural sources of particulate and windblown dust on the Columbia of PM–10 emissions from point sources. matter. EPA has issued guidance Plateau, which includes the Wallula In contrast, there are more than 500,000 addressing three categories of natural area, and to develop strategies for tons/year of nonanthropogenic events: (1) Volcanic and seismic minimizing impacts. This project is emissions from the desert and well- activity; (2) wildland fires; and (3) high known as the Columbia Plateau maintained rangeland in the county wind events. See Memorandum from Particulate Matter Research Project (the which could not be feasibly controlled. EPA’s Assistant Administrator for Air Columbia Plateau Project). The EPA noted that no agricultural tilling and Radiation to EPA Regional Air Columbia Plateau Project supports the takes place in the Anthony Directors entitled ‘‘Areas Affected by conclusion that the ambient impact of nonattainment area and most farmlands Natural Events,’’ (May 30, 1996) anthropogenic sources of PM–10 in the in the surrounding county are located (Natural Events Policy). Wallula area is not insignificant. As part along the Rio Grange flood plain in an There are important distinctions of the project, researchers specifically area containing more rich, well between waivers under section 188(f) of evaluated the question of whether the developed soil. New Mexico also the CAA and the exclusion of air is significantly more dusty in the showed that RACM and RACT had been exceedances due to uncontrollable Columbia Plateau since the beginning of implemented for all anthropogenic natural events from attainment systematic farming (an anthropogenic sources of PM–10 in the nonattainment determinations under section activity), about 120 years ago. Beginning area and the surrounding county. Based 107(d)(4)(B)(ii) of the CAA and 40 CFR in about the 1880s, the record shows on the emissions inventory information, part 50, appendix K, section 2.4, there is a marked increase in the dispersion modeling, filter analysis, and although there is some overlap. In the mineral content of the sediment, a other information provided by New case of a waiver under section 188(f) of change that has remained consistent to Mexico, EPA agreed that point source the CAA, a determination is made that
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the area cannot attain the 24-hour PM– natural events and their impact on air show that a natural, high wind event 10 standard because of the ambient quality is available for public review. caused either the July 3, 1997, impact of nonanthropogenic sources of EPA is then to acknowledge receipt of exceedance or the more recent August PM–10. The focus is on the source of the the natural events documentation and 10, 2000, exceedance. Because of the particulate—anthropogenic or confirm the flagging of the exceedance one-in-every-six day sampling schedule nonanthropogenic. In the case of natural as a natural event. at the Wallula monitor, either one of event determinations under In EPA’s November 14, 2000, proposal these exceedances precludes a finding 107(d)(4)(B)(ii) of the CAA and 40 CFR finding that the Wallula area had not that the Wallula area has attained the part 50, appendix K, section 2.4, the attained the 24-hour PM–10 standard as 24-hour PM–10 standard. The July 3, focus is on a time-limited event that of the attainment date, EPA discussed 1997, exceedance alone is sufficient to causes elevated PM–10 levels on a four exceedances of the standard establish that the Wallula area had not specific day or days: a volcanic or recorded at the Wallula monitor during attained the 24-hour PM–10 standard by seismic event, a wildfire, or high winds. calendar years 1995 through 1999: the December 31, 1997, attainment date. The source of the PM–10 can be The August 10, 2000, exceedance anthropogenic or nonanthropogenic. Wallula moni- establishes that the Wallula area has not Date toring site In the case of high winds, EPA has attained the 24-hour PM-standard as of stated that it will consider ambient PM– 6/21/97 ...... 160 µg/m3 the end of the most recent three-year 10 concentrations due to dust raised by 7/03/97 ...... 210 µg/m3 period (1998 through 2000). unusually high winds as due to 7/10/98 ...... 215 µg/m3 EPA is still reviewing the uncontrollable natural events (and thus 6/23/99 ...... 297 µg/m3 documentation submitted to support excludable from attainment Ecology’s flagging of the June 21, 1997, determinations) if either (1) the dust In addition, EPA has since learned that July 10, 1998, and June 23, 1999, originated from nonanthropogenic another exceedance of the 24-hour exceedances as attributable to sources or (2) the dust originated from standard was recorded at the Wallula uncontrollable natural events (high anthropogenic sources controlled with monitoring site on August 10, 2000, at winds). Once EPA has completed its µ 3 best available control measures (BACM). a level of 215 g/m . Because the review, EPA will notify Ecology See Natural Events Policy, pg. 7. EPA’s Wallula monitor is scheduled to sample regarding whether EPA will confirm the Natural Events Policy sets forth a once every six days, each measured flagging of the June 21, 1997, July 10, exceedance is generally counted as six process for declaring an exceedance as 1998, and June 23, 1999, exceedances as due to natural events and for expected exceedances. due to natural events. documenting a natural events claim. If As discussed in EPA’s November 16, natural events cause ambient 2000, proposal, Ecology flagged the June Although EPA is not determining in concentrations of PM–10 that exceed the 21, 1997, exceedance in the national air this action whether the events were NAAQS, the State is responsible for data base as an exceedance caused by properly flagged as natural, high wind developing a Natural Events Action Plan high winds under EPA’s Natural Events events and qualify for exclusion from (NEAP) to address future exceedances Policy, although it is unclear if EPA consideration under EPA’s Natural due to natural events, which includes received Ecology’s documentation of Events Policy, EPA does have commitments to: (1) establish public this exceedance as a natural event preliminary concerns with the education and notification programs; (2) before the summer of 2000. 65 FR at documentation submitted by Ecology to minimize public exposure to high 69276. In addition, Ecology originally support these natural event claims. concentrations of PM–10 due to future flagged the July 10, 1998, exceedance as First, Ecology has not yet identified natural events; (3) abate or minimize due to a natural, high wind event. In threshold wind conditions for the contributing controllable sources of response to a specific inquiry from EPA Wallula area which would be expected PM–10, which includes the application in January 2000, however, Ecology to overcome BACM controls and entrain of BACM to any sources of soil that have notified EPA that, after further dust. In addition, Ecology has only been disturbed by anthropogenic investigation, it did not consider the provided meteorology for the days on activities; (4) identify, study, and July 10, 1998, exceedance to be due to which it has claimed the occurrence of implement practical mitigating high winds and that it would be natural events, and has not provided a measures as necessary; and (5) removing the flag. None of the other similar meteorological analysis showing periodically reevaluate the NEAP. See exceedances were flagged by Ecology wind conditions were below a threshold Natural Events Policy, pp. 7–10. when the data was entered into the on days when measured values were With respect to a specific claim of national air data base. low. The Natural Events Action Plan natural event, when air quality data In response to EPA’s November 16, submitted by Ecology in March 1998 for affected by a natural event are submitted 2000, proposal to find that the Wallula the Columbia Plateau, which includes for inclusion in the national air data area had not attained the PM–10 the Wallula area, indicates spring base, the State should request that a flag NAAQS as of the attainment date, planting and late summer/fall harvest be placed on the data to indicate that a Ecology again reviewed the meteorology are the times that agricultural soil is natural event was involved and to for the July 10, 1998, exceedance and most exposed and subject to wind submit documentation to support the now asserts that, despite its earlier erosion. See Natural Events Action Plan flag. To support a natural event claim conclusion, the July 10, 1998, for High Wind Events in the Columbia for high winds, the State is responsible exceedance was in fact attributable to a Plateau (March 1998) (Columbia Plateau for documenting, among other things: natural, high wind event and should not NEAP). These time frames do not (1) a clear and causal relationship be considered in determining the coincide with the measured between the measured exceedance and attainment status of the Wallula PM–10 exceedances recorded on the Wallula the natural event; (2) that BACM were nonattainment area. Ecology also monitor in June through August, a time required for sources of anthropogenic submitted information to show that the when vegetative cover (i.e., crops) dust and that the sources were in June 23, 1999, exceedance was due to a would be expected to be the highest for compliance at the time of the high wind natural, high wind event. Ecology has providing protection of the soil from event; and 3) that the documentation of not flagged or submitted information to wind erosion.
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Ecology has also not provided monitoring site, such as the cattle natural events because the Wallula and information to show that BACM has feedlot, the fertilizer composting Kennewick monitoring sites are less been implemented on all anthropogenic facility, and off-road recreational than 20 miles apart. sources of PM–10 that contributed to the vehicle activity. Without documentation As discussed above in this section exceedances at the Wallula monitoring that BACM was in effect on these II.F, even if some of the exceedances site and that such sources were in sources at the time of each event, EPA recorded on the Wallula monitor can be compliance with BACM at the time of cannot conclude that the wind characterized as natural events, two of the exceedances. In the Columbia conditions were sufficient to overcome them have not been flagged as natural Plateau NEAP, Ecology states that BACM controls. Finally, EPA does not events. Because of the sampling BACM will be applied to windblown have evidence of Ecology’s public frequency at the Wallula monitor, either dust from anthropogenic sources to information and outreach efforts with one of these exceedances requires a mitigate the impact of high wind events respect to the exceedances recorded in finding that the Wallula area has not and states that a time line for identifying the Wallula area that are claimed to be attained the 24-hour PM–10 standard. and implementing BACM will be due to natural events. During the developed by May 1998. Columbia December 15, 2000, informational In any event, each exceedance of the Plateau NEAP, pp. 11 and 16. Although meeting held in Walla Walla to discuss 24-hour PM–10 standard and the more than two and one half years have EPA’s proposed finding for the Wallula documentation to support it needs to be elapsed since Ecology submitted its area, comments by several attendees assessed independently based on the NEAP, EPA has received no information indicated that there had not been wide- criteria outlined in EPA’s Natural regarding implementation of BACM in spread knowledge of the exceedances. Events Policy to determine whether the the Wallula area except for the State’s exceedances can be attributable to a assertion that the Food Securities Act of 2. Comparison with the Kennewick natural event and thus qualify for 1996 constitutes implementation of Monitoring Site exclusion from consideration in BACM on agricultural lands. There is no Several commenters noted that during attainment determinations for the area. discussion of Ecology’s commitment in the period from 1997 to the present EPA notes that it has confirmed only its NEAP to study and develop when the Wallula PM–10 monitoring three of the flags—the exceedances additional BACM for agricultural site recorded five exceedances of the 24- recorded on March 30, 1997, September sources on the Columbia Plateau in hour PM–10 standard, the Kennewick 23, 1999, and September 25, 1999. cooperation with Washington State monitoring site also recorded five Moreover, as shown in the summary University and U.S. Department of exceedances, four of which qualified as table below, the exceedances recorded Agriculture. Ecology also has not ‘‘natural events due to high winds’’ on the Kennewick monitor since 1997 provided documentation of under EPA’s Natural Event’s Policy. have not been recorded on the same implementation of BACM for the other These commenters state that the Wallula days as the exceedances recorded on the sources of dust that are near the Wallula exceedances should also be classified as Wallula monitor.
Year Kennewick monitoring site Wallula monitoring site
1997 ...... 165 µg/m3 (March 30)** ...... 160 µg/m3 (June 21)* 210 µg/m3 (July 3) 1998 ...... no exceedances ...... 215 µg/m3 (July 10)* 1999 ...... 183 µg/m3 (Sept 23)** ...... 297 µg/m3 (July 23)* 306 µg/m3 (Sept 25)** ...... 2000 ...... 227 µg/m3 (June 21) ...... 215 µg/m3 (Aug 10) 230 µg/3 (July 31) ...... * Indicates Ecology has flagged the data due to a natural event. ** Indicates EPA has confirmed the flag.
The fact that there is no correlation monitor reported a PM–10 Wallula monitoring site were also between the occurrence of PM–10 concentration of 45 µg/m3 for July 10, caused by natural events. exceedances at the two monitors 1998, whereas the Wallula monitor G. Settlement Agreement suggests that the mix of PM–10 sources reported a PM–10 value of 215 µg/m3. that contribute to PM–10 concentrations The article also notes that Prosser police A few comments raised issues relating above the NAAQS, as well as any (Prosser is located approximately 30 to a Consent Decree EPA entered into in natural events that may impact those miles east of Kennewick) and Hermiston response to a law suit alleging that, PM–10 sources, appear to be different in police (Hermiston, Oregon is located among other things, EPA had failed to the Kennewick area and the Wallula approximately 30 miles south of make a finding regarding whether the area. Kennewick) reported relatively calm Wallula PM–10 nonattainment area had A review of meteorological data for weather at the time of the storm. Wind attained the PM–10 standards by the July 10, 1998, clearly demonstrates that measured at Wallula for July 10, 1998, attainment date as provided in CAA wind conditions can be significantly had an average speed of 7.7 miles per section 188(b)(2). Under that Consent different in the Kennewick area as hour, with a one-hour maximum wind Decree, which was lodged with the compared to the Wallula area. An article measurement of 26 miles per hour. court on January 12, 2001, EPA agreed in the Tri-City Herald on July 11, 1998, Thus, it is not possible to conclude that, to sign a notice on or before January 16, reported that a thunder storm with peak because PM–10 exceedances during the 2001, for publication in the Federal winds of 66 to 69 miles per hour and period from 1997 through 2000 in the Register containing EPA’s final heavy rain passed through the Kennewick area were caused by natural determination regarding whether the Kennewick area on July 10 causing events, exceedances recorded during the Wallula PM–10 nonattainment area significant damage. The Kennewick same period but on different days at the attained the NAAQS for PM–10 by the
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applicable attainment date. The December 31, 2001.4 In addition, the B. Executive Order 13045 commenters requested a copy of the terms ‘‘major source’’ or ‘‘major Executive Order 13045, Protection of Consent Decree so that they could stationary source’’ include any Children from Environmental Health comment on the decree. The commenter stationary source or group of stationary Risks and Safety Risks (62 FR 19885, also asserted that the Consent Decree sources located within a contiguous area April 23, 1997), applies to any rule that: incorrectly referred to Wallula as one of and under common control that emit, or (1) Is determined to be economically the ‘‘Group 2 PM–10 nonattainment have the potential to emit, at least 70 significant as defined under Executive area,’’ when in fact it was designated as tons per year of PM–10. See CAA Order 12866, and (2) concerns an a Group 1 PM–10 planning area after sections 188(c)(2) and 189(b). environmental health or safety risk that promulgation of the 1987 PM–10 EPA has issued specific guidance on EPA has reason to believe may have a NAAQS. The commenter suggested that developing serious area PM–10 SIP disproportionate effect on children. If EPA would delay taking action revisions in the Serious Area Guidance. the regulatory action meets both criteria, regarding whether the Wallula PM–10 See 59 FR 41998 (August 16, 1994). The the Agency must evaluate the area had attained the PM–10 standard if serious area requirements are in environmental health or safety effects of Wallula had been properly addition to the moderate PM–10 the planned rule on children, and characterized as a Group 1 area in the nonattainment requirements of RACT/ explain why the planned regulation is Consent Decree. RACM. preferable to other potentially effective and reasonably feasible alternatives IV. Administrative Requirements EPA has provided a copy of the considered by the Agency. This action Consent Decree as requested by the A. Executive Order 12866 is not subject to Executive Order 13045 commenter and a copy is in the docket. because this is not an economically Pursuant to section 309(g) of the CAA, Under Executive Order 12866 (58 FR significant regulatory action as defined the Consent Decree will be subject to 51735 (October 4, 1993)), EPA is by Executive Order 12866. public notice and comment. EPA does required to determine whether not believe, however, the Consent regulatory actions are significant and C. Executive Order 13175 Decree is relevant to the finding made therefore should be subject to Office of On November 6, 2000, the President by EPA in this action, because the Management and Budget (OMB) review, issued Executive Order 13175 (65 FR Consent Decree only specified a time by economic analysis, and the 67249) entitled, ‘‘Consultation and which EPA was required to make a requirements of the Executive Order. Coordination with Indian Tribal finding under CAA section 188(b)(2) The Executive Order defines a Governments.’’ Executive Order 13175 with respect to the Wallula area, not the ‘‘significant regulatory action’’ as one took effect on January 6, 2001, and substance of the finding. In addition, that is likely to result in a rule that may revokes Executive Order 13084 (Tribal although it is true that the Wallula PM– meet at least one of the four criteria Consultation) as of that date. EPA 10 nonattainment area was identified as identified in section 3(f), including, developed this final rule, however, a ‘‘Group 1 PM–10 planning area’’ after under paragraph (1), that the rule may during the period when Executive Order promulgation of the 1987 PM–10 ‘‘have an annual effect on the economy 13084 was in effect; thus, EPA of $100 million or more or adversely standards, the reference in the Consent addressed tribal considerations under affect, in a material way, the economy, Executive Order 13084. Under Decree to ‘‘Group 2 PM–10 a sector of the economy, productivity, Executive Order 13084, Consultation nonattainment areas’’ was not intended competition, jobs, the environment, and Coordination with Indian Tribal to refer to the planning areas for public health or safety, or State, local or Governments, EPA may not issue a purposes of the 1987 PM–10 NAAQS tribal governments or communities.’’ regulation that is not required by but rather was a category created for statute, that significantly or uniquely purposes of the Consent Decree only. The Agency has determined that the finding of failure to attain would result affects the communities of Indian tribal III. SIP Requirements for Serious Areas in none of the effects identified in governments, and that imposes section 3(f) of the Executive Order. substantial direct compliance costs on As stated above, EPA is finalizing its Under section 188(b)(2) of the CAA, those communities, unless the Federal proposed action to find that the Wallula findings of failure to attain are based government provides the funds PM–10 nonattainment area failed to upon air quality considerations and the necessary to pay the direct compliance attain the PM–10 NAAQS by December resulting reclassifications must occur by costs incurred by the tribal 31, 1997, the CAA attainment date for operation of law. They do not, in and of governments, or EPA consults with the area. As a result, the Wallula area themselves, impose any new those governments. If EPA complies by will be reclassified by operation of law requirements on any sectors of the consulting, Executive Order 13084 as a serious PM–10 nonattainment area economy. In addition, because the requires EPA to provide OMB, in a on the effective date of this final rule. statutory requirements are clearly separately identified section of the preamble to the rule, a description of PM–10 nonattainment areas defined with respect to the differently the extent of EPA’s prior consultation reclassified as serious under section classified areas, and because those with representatives of affected tribal 188(b)(2) of the CAA are required to requirements are automatically triggered governments, a summary of the nature submit, within 18 months of the area’s by classifications that, in turn, are triggered by air quality values, findings of their concerns, and a statement reclassification, SIP revisions providing supporting the need to issue the for the implementation of BACM no of failure to attain and reclassification cannot be said to impose a materially regulation. In addition, Executive Order later than four years from the date of 13084 requires EPA to develop an reclassification. The SIP also must adverse impact on State, local or tribal governments or communities. effective process permitting elected contain, among other things, a officials and other representatives of demonstration that the implementation 4 Indian tribal governments to provide of BACM will provide for attainment of CAA sections 189(b)(1)(A), 188(e), and 188(f) authorize EPA to grant an extension of that deadline meaningful and timely input in the the PM–10 NAAQS no later than if certain conditions are met. development of regulatory policies on
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matters that significantly or uniquely F. Executive Order 13132 standards (e.g., materials specifications, affect their communities. Executive Order 13132, entitled test methods, sampling procedures, and Today’s finding of failure to attain Federalism (64 FR 43255, August 10, business practices) that are developed or does not significantly or uniquely affect 1999) requires EPA to develop an adopted by voluntary consensus the communities of Indian tribal accountable process to ensure standards bodies. The NTTAA directs governments. Accordingly, the ‘‘meaningful and timely input by State EPA to provide Congress, through OMB, requirements of section 3(b) of and local officials in the development of explanations when the Agency decides Executive Order 13084 do not apply to regulatory policies that have federalism not to use available and applicable this finding of failure to attain. implications.’’ ‘‘Policies that have voluntary consensus standards. D. Regulatory Flexibility Act federalism implications’’ is defined in This action does not involve technical the Executive Order to include standards. Therefore, EPA did not The Regulatory Flexibility Act (RFA) regulations that have ‘‘substantial direct consider the use of any voluntary generally requires an agency to conduct effects on the States, on the relationship consensus standards. a regulatory flexibility analysis of any between the national government and rule subject to notice and comment H. Submission to Congress and the States, or on the distribution of Comptroller General rulemaking requirements unless the power and responsibilities among the agency certifies that the rule will not various levels of government.’’ Under The Congressional Review Act, 5 have a significant economic impact on Executive Order 13132, EPA may not U.S.C. 801 et seq., as added by the Small a substantial number of small entities. issue a regulation that has federalism Business Regulatory Enforcement Small entities include small businesses, implications, that imposes substantial Fairness Act of 1996, generally provides small not-for-profit enterprises, and direct compliance costs, and that is not that before a rule may take effect, the small governmental jurisdictions. required by statute, unless the Federal agency promulgating the rule must Findings of failure to attain and the government provides the funds submit a rule report, which includes a resulting reclassification of necessary to pay the direct compliance copy of the rule, to each House of the nonattainment areas by operation of law costs incurred by State and local Congress and to the Comptroller General under section 188(b)(2) of the CAA do governments, or EPA consults with of the United States. EPA will submit a not in and of themselves create any new State and local officials early in the report containing this rule and other requirements. Instead, this rulemaking process of developing the proposed required information to the U.S. Senate, only makes a factual determination, and regulation. EPA also may not issue a the U.S. House of Representatives, and does not directly regulate any entities. regulation that has federalism the Comptroller General of the United Therefore, pursuant to 5 U.S.C. 605(b), implications and that preempts State States prior to publication of the rule in I certify that today’s final action does law unless the Agency consults with the Federal Register. A major rule not have a significant impact on a State and local officials early in the cannot take effect until 60 days after it substantial number of small entities process of developing the proposed is published in the Federal Register. within the meaning of those terms for regulation. This action is not a ‘‘major rule’’ as RFA purposes. This finding of failure to attain and defined by 5 U.S.C. 804(2). E. Unfunded Mandates Reform Act the resulting reclassification of a nonattainment area by operation of law I. Petitions for Judicial Review Under section 202 of the Unfunded will not have substantial direct effects Under section 307(b)(1) of the Clean Mandates Reform Act of 1995 (UMRA), on the States, on the relationship Air Act, petitions for judicial review of signed into law on March 22, 1995, EPA between the national government and this action must be filed in the United must prepare a budgetary impact the States, or on the distribution of States Court of Appeals for the statement to accompany any proposed power and responsibilities among the appropriate circuit by April 10, 2001. or final rule that includes a Federal various levels of government, as Filing a petition for reconsideration by mandate that may result in estimated specified in Executive Order 13132 (64 the Administrator of this final rule does annual costs to State, local, or tribal FR 43255, August 10, 1999), because not affect the finality of this rule for the governments in the aggregate; or to the this action does not, in-and-of-itself, purposes of judicial review nor does it private sector, of $100 million or more. impose any new requirements on any extend the time within which a petition Under section 205, EPA must select the sectors of the economy, and does not for judicial review may be filed, and most cost-effective and least alter the relationship or the distribution shall not postpone the effectiveness of burdensome alternative that achieves of power and responsibilities such rule or action. the objectives of the rule and is established in the Clean Air Act. Thus, consistent with statutory requirements. the requirements of section 6 of the This action may not be challenged Section 203 requires EPA to establish a Executive Order do not apply to these later in proceedings to enforce its plan for informing and advising any actions. requirements. See CAA section small governments that may be 307(b)(2). G. National Technology Transfer and significantly or uniquely impacted by List of Subjects in 40 CFR Part 81 the rule. Advancement Act EPA believes, as discussed above, that As noted in the proposed rule, section Environmental protection, Air the finding of failure to attain is a 12(d) of the National Technology pollution control, National parks, factual determination based upon air Transfer and Advancement Act of 1995 Wilderness areas. quality considerations and that the (NTTAA), Pub L. No. 104–113, section Dated: January 16, 2001. resulting reclassification of the area 12(d) (15 U.S.C. 272 note) directs EPA Charles E. Findley, must occur by operation of law. Thus, to use voluntary consensus standards in Acting Regional Administrator, Region 10. the finding does not constitute a Federal its regulatory activities unless to do so mandate, as defined in section 101 of would be inconsistent with applicable Part 81, chapter I, title 40 of the Code the UMRA, because it does not impose law or otherwise impractical. Voluntary of Federal Regulations is amended as an enforceable duty on any entity. consensus standards are technical follows:
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PART 81—[AMENDED] Authority: 42 U.S.C. 7401 et seq. entry in its place for ‘‘Walla Walla and 2. In § 81.348, the table entitled Benton Counties’’ to read as follows: 1. The authority citation for Part 81 ‘‘Washington—PM–10’’ is amended by continues to read as follows: removing the entry for ‘‘Walla Walla § 81.348 Washington. County, Wallula’’ and adding a new * * * * *
WASHINGTON—PM–10
Designation Classification Designated area Date Type Date Type
******* Walla Walla and Benton Counties Wallula: The area bounded on the south by a line from UTM co- 11/15/90 Nonattainment ...... 3/12/01 Serious. ordinate 5099975mN, 362500mE, west to 5099975mN, 342500mE, thence north along a line to coordinate 5118600mN, 342500mE, thence east to 5118600mN, 362500mE, thence south to the begin- ning coordinate 5099975mN, 362500mE.
[FR Doc. 01–2171 Filed 2–8–01; 8:45 am] Enforcement, Office of General Counsel, The National Highway Traffic Safety BILLING CODE 6560–50–P Department of Transportation, 400 7th Administration (NHTSA) rule on metric Street, SW., Washington, DC, 20590. conversion of tire standards was Telephone 202–366–9310. published May 27, 1998. The rule converts English measurements in DEPARTMENT OF TRANSPORTATION SUPPLEMENTARY INFORMATION: In NHTSA rules concerning tire standards accordance with the memorandum of Office of the Secretary to metric measurements. Voluntary January 20, 2001, from the Assistant to compliance was authorized upon the President and Chief of Staff, entitled 46 CFR Parts 10, 15, and 67 publication. The final rule becomes ‘‘Regulatory Review Plan,’’ published in effective May 27, 2003. Because of the the Federal Register on January 24, 49 CFR Part 40 very long period of time before this rule 2001, the Department has postponed for becomes effective, the Department does 60 days the effective dates of a number 49 CFR 571 not believe that it is necessary, in order of final rules that were published before to comply with the intent of the RIN 2105–AC49, 2127–AH07; 2115–AF23; January 20, 2001, but have not yet gone memorandum, to extend the effective 2115–AF88 into effect. The four rules mentioned in date of the rule to a date 60 days after this notice were published before May 27, 2003. The time between now Procedures for Transportation January 20, 2000 and have not yet gone and May 27, 2003, affords ample Workplace Drug and Alcohol Testing into effect. However, for the reasons opportunity for the Department to Programs; Metric Conversion of Tire stated below, we are not postponing review the rule before it becomes Standards; Licensing and Manning for their effective dates. Officers of Towing Vessels; effective. Citizenship Standards for Vessel The Department published its new The United States Coast Guard Ownership and Financing: Notice drug and alcohol testing regulation (49 (USCG) Interim Final Rule on licensing Concerning Review CFR part 40) on December 19, 2000. A and manning for officers of towing portion of this rulemaking went into vessels was published on November 19, AGENCIES: Office of the Secretary, effect on January 18, 2001, and it 1999. The rule creates new licenses, Transportation, National Highway consequently is not subject to the with levels of qualification and Traffic Safety Administration, and withdrawal requirement of the Chief of enhanced training and operating United States Coast Guard, DOT. Staff’s memorandum. The remainder of experience requirements for these ACTION: Notice concerning review. this rule goes into effect August 1, 2001. personnel. On October 27, 2000, the The Department does not believe that it effective date of the rule was delayed SUMMARY: In accordance with the is necessary, in order to comply with until May 21, 2001, in order to allow memorandum of January 20, 2001, from the intent of the memorandum, to time to issue guidance for new licenses the Assistant to the President and Chief extend the effective date of the rule to and revised training criteria. Because of of Staff, entitled ‘‘Regulatory Review a date 60 days after August 1. The time the period of time before this rule Plan,’’ published in the Federal Register between now and August 1 affords becomes effective, and the fact that the on January 24, 2001, the Department has ample opportunity for the Department effective date has already been postponed for 60 days the effective to review the rule before it becomes postponed beyond 60 days from today’s dates of a number of final rules that effective. In addition, since the August date, the Department does not believe were published before January 20, 2001, 1 effective date was selected, in part, to that it is necessary, in order to comply but have not yet gone into effect. This coincide with the date on which use of with the intent of the memorandum, to notice concerns the status of four a new Department of Health and Human extend the effective date of the rule to regulations for which the effective dates Services drug test collection form a date 60 days after May 21, 2001. were not postponed. becomes mandatory, postponing the The USCG rule on citizenship FOR FURTHER INFORMATION CONTACT: effective date could lead to confusion standards for vessel ownership and Robert C. Ashby, Deputy Assistant and mistakes in the administration of financing was issued on December 7, General Counsel for Regulation and drug tests. 2000, and becomes effective on October
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1, 2001. Here again, there is a 105, FCC 00–256 (Third Report and Proposed Rulemaking (N11 NPRM), 7 substantial period of time before this Order), in the matter of the use of N11 FCC Rcd 3004, proposing that rule becomes effective, and the Codes and other abbreviated dialing incumbent local exchange carriers be Department does not believe that it is arrangements, adopted July 21, 2000, required to provide abbreviated dialing necessary to extend the effective date of and released July 31, 2000. The full text arrangements. Subsequent to the N11 the rule further, in order to comply with of the item is available for inspection NPRM, various parties asked the the intent of the memorandum. The and copying during the weekday hours Commission to designate N11 codes to time between now and October 1, 2001, of 9 a.m. to 4:30 p.m. in the facilitate network access to affords ample opportunity for the Commission’s Reference Center, Room Telecommunications Relay Service Department to review the rule before it CY–A257, 445 12th Street, SW., (TRS) for individuals with hearing or becomes effective. Washington, DC 20554, or copies may speech disabilities, to federal All of these rules will be subject to be purchased from the Commission’s government services, to state review by the Department on the same duplicating contractor, ITS, Inc., 445 government services, and to non- basis as the rules the effective dates of 12th Street, SW, Suite CY–B400, emergency police services. which were postponed pursuant to the Washington, DC 20554, phone (202) 4. In 1997, the Commission released Chief of Staff’s memorandum. 857–3800. This Order contains no new the N11 First Report and Order and or modified information collections FNPRM, 12 FCC Rcd 5572, in which it Issued this 2nd day of February at authorized the incumbent LECs, states, Washington, DC. subject to the Paperwork Reduction Act of 1995, Public Law 104–13. and Bellcore to continue to perform N11 Rosalind A. Knapp, code administrative functions that they Acting General Counsel. Synopsis of the Report and Order performed prior to the time of [FR Doc. 01–3399 Filed 2–8–01; 8:45 am] 1. N11 codes are abbreviated dialing enactment of the 1996 Act. In the N11 BILLING CODE 4910–01–M arrangements that allow telephone users First Report and Order and FNPRM, the to connect with a particular node in the Commission assigned 311 on a network by dialing only three digits. nationwide basis for non-emergency FEDERAL COMMUNICATIONS There are only eight possible N11 codes, police services, but allowed existing COMMISSION making N11 codes among the scarcest of non-compliant uses of 311 to continue numbering resources under our until the local government in that area 47 CFR Parts 52 and 64 jurisdiction. Of the eight N11 codes was prepared to activate a non- [CC Docket No. 92–105; FCC 00–256] available, the Commission has already emergency police 311 service. In assigned two for nationwide use, and addition, at the discretion of local The Use of N11 Codes and Other has been directed by Congress to assign jurisdictions, the Commission allowed Abbreviated Dialing Arrangements another. In addition, three other N11 311 to be used to access other codes are widely used by carriers across government services, but declined to AGENCY: Federal Communications the country, but have not been assigned assign a separate N11 for this purpose. Commission. by the Commission for such nationwide The Commission also granted the ACTION: Final rule. use. Thus, at this time, the 211 and 511 request for an N11 code to reach codes are the only two N11 codes that Telecommunications Relay Services SUMMARY: In this document the Federal can be assigned and deployed (TRS), assigning 711 nationwide for this Communications Commission (FCC or immediately. use. Finally, the Commission declined Commission) granted petitions filed by 2. The network must be pre- to: (1) Mandate that N11 numbers be the U.S. Department of Transportation programmed to translate the three-digit made available for access to information (DOT), and by Information and Referral code into the appropriate seven or ten- services; (2) mandate that an N11 code providers seeking nationwide digit telephone number and route the be designated for access to federal assignment of abbreviated dialing codes. call accordingly. Among abbreviated government agencies; or (3) disturb the The assigned dialing codes will be used dialing arrangements, ‘‘N11’’ codes are current uses of 911, 411, 611 and 811 for for access to traveler information three-digit codes of which the first digit access to emergency services, directory services and for access to community can be any digit other than 1 or 0, and assistance, and LEC repair and business information and referral services, the last two digits are both 1. offices, respectively. respectively. 3. Prior to the 1996 Act, incumbent 5. The Commission in the N11 First local exchange carriers (LECs), state DATE: Effective February 9, 2001. Report and Order and FNRPM also commissions, Bellcore and the requested comment on a number of ADDRESSES: Federal Communications Commission performed the functions issues. Specifically, the issues to be Commission, Secretary, 445 12th Street, relating to numbering administration, addressed related to deployment of TRS, SW, Room TW–B204F, Washington, DC including administration of abbreviated the sale or transfer of N11 codes, and 20554. dialing codes. Section 251(e) of the administration of N11 codes. FOR FURTHER INFORMATION CONTACT: Communications Act of 1934, as Subsequently, several parties filed Cheryl Callahan at (202) 418–2320, fax amended by the Telecommunications requests for reconsideration and/or (202) 418–2345, TTY (202) 418–0484, or Act of 1996 (1996 Act), gives the clarification of certain matters discussed [email protected]. The address is: Commission exclusive jurisdiction over in the N11 First Report and Order and Network Services Division, Common numbering administration, and over FNPRM. Specifically, the International Carrier Bureau, Federal those portions of the North American Association of Fire Chiefs and Communications Commission, The Numbering Plan (NANP) that pertain to International Municipal Signal Portals, 445 12th Street, SW., Suite 6– the United States. This section also Association (IAFC Petitioners) opposed A320, Washington, DC 20554. provides that the Commission may any expanded use of N11 codes for non- SUPPLEMENTARY INFORMATION: This is a delegate all or part of its numbering emergency and commercial uses. summary of the Commission’s Third administration authority to state BellSouth sought reconsideration and/or Report and Order and Order on commissions or other entities. In 1992, clarification regarding the status of non- Reconsideration in CC Docket No. 92– the Commission adopted a Notice of conforming uses of N11 service codes,
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including 311 and 711, the ‘‘six-month’’ BellSouth. The Commission also N11 codes through private transactions implementation requirement for 311, resolved issues raised in the N11 should not be allowed at this time, and and requirements placed on CMRS FNPRM, and concluded that the sale or that the Commission should continue to providers with respect to handling 311 transfer of N11 codes through private make assignments of N11 codes, rather calls. It also sought clarification transactions should not be allowed at than delegate this authority to another regarding incumbent LECs’ obligations this time. The Commission also entity. Therefore, we decline to make to provide 611 and 811 for access to concluded that the Commission should any revisions or modifications to our repair and business offices. continue to make assignments of N11 rules at this time. The RFA requires that 6. The U.S. DOT and the Information codes, rather than delegate this a Final Regulatory Flexibility Analysis and Referral Petitioners requested authority to the North American (FRFA) be completed ‘‘[w]hen an agency assignment of N11 codes to provide Numbering Plan Administrator promulgates a final rule * * * ’’. 5 gateway access to travel information (NANPA) or any other entity. U.S.C. 604(a). Because we are not services and community service 9. Several commenters contended that adopting any new rules and are not organizations, respectively. The U.S. the Commission should initiate a making any changes to existing rules, a DOT does not request a specific N11 comprehensive review of our rules and FRFA is not required. dialing code, whereas the Information practices relating to abbreviated dialing and Referral Petitioners seek assignment arrangements, due in part to the Ordering Clauses of 211, specifically, for their proposal. ‘‘competing’’ petitions, and other 12. Accordingly, it is ordered, Both petitioners contend that the existing users. We decline, at this time, pursuant to Sections 1, 4(i), and provision of services using toll-free to do so because we find such a 251(e)(1) of the Communications Act of numbers or local numbers is not only rulemaking proceeding to be 1934, as amended, 47 U.S.C. 151, 154(i), inefficient, but limits the widespread unnecessary. In this Third Report and and 251(e)(1), that this Third Report and use of travel information or community Order, we resolve issues that pertain to Order and Order on Reconsideration is services information, and also limits the the two pending requests for assignment hereby adopted. accessibility to these services. Both of N11 codes. With the exception of one 13. The Petition for assignment of an proposals enjoy widespread support outstanding petition, we also have N11 for access to travel information from a variety of organizations, state and resolved in this Order Third Report and services filed by the U.S. Department of local governments, and other interested Order most of the outstanding issues Transportation is granted, and that the parties. relating to the N11 proceeding. We also Petition for assignment of 211 for access 7. This Third Report and Order note that in the three-year period to community information and referral resolves issues raised in the petitions for following the N11 First Report and services filed by the Information and reconsideration that relate to the Order, we have received only two Referral providers is granted. manner in which N11 codes are petitions for assignment of the 14. The Petitions for Reconsideration assigned, and grants the two petitions remaining N11 codes, both of which are and/or Clarification filed by Arch, for assignment of N11 codes filed by the resolved in this Order, and both had BellSouth, Interactive Services U.S. DOT and the Information and overwhelming support. We therefore Association, and International Referral Petitioners. Issues raised in the decline to initiate a rulemaking and Association of Fire Chiefs and N11 First Report and Order regarding review of Commission rules and International Municipal Signal the implementation of 711 are being practices relating to abbreviated dialing Association are denied. addressed in the Second Report and codes at this time. 15. 511 is assigned as a national Order. 15 FCC Rcd 15188. Similarly, the Regulatory Flexibility Act abbreviated dialing code to be used Commission will address matters exclusively for access to travel dealing with designation of 911 as the 10. As required by the Regulatory information services as of the effective national emergency number throughout Flexibility Act (RFA), an Initial date of this Third Report and Order. the United States in a separate order. Regulatory Flexibility Analysis (IRFA) 8. In the Third Report and Order the was incorporated into the N11 First 16. That 211 is assigned as a national Commission assigns abbreviated dialing Report and Order and FNPRM. The abbreviated dialing code to be used for code 511 to be used for access to Commission sought written public access to community information and traveler information services, and assign comment on the proposals in the N11 referral services as of the effective date the abbreviated dialing code 211 to be First Report and Order, including of this Third Report and Order. used for access to community comment on the IRFA. The IRFA Federal Communications Commission. information and referral services. The requested written public comment on Shirley Suggs, Commission believes that these two two issues: (1) The technical feasibility Chief, Publications Branch. proposals meet the ‘‘pubic interest’’ of implementing 711 access for [FR Doc. 01–3324 Filed 2–8–01; 8:45 am] standards for assignment of N11 codes telecommunications relay services and BILLING CODE 6712–01–P established in the N11 First Report and (2) the proprietary nature of N11 codes Order, and this need is demonstrated by and the transfer of the administration of the wide support for the two petitions. N11 codes. FEDERAL COMMUNICATIONS Both petitioners propose to provide 11. The first issue concerning the COMMISSION access to their services without an technical feasibility of implementing additional charge to callers, and each 711 access is being addressed in a 47 CFR Part 73 has demonstrated that its service companion proceeding captioned the provides a substantial public benefit. Second Report and Order. Therefore, [DA 01–185, MM Docket No. 97–188, RM– The Commission denied petitions for the Commission did not address that 9137] reconsideration of the N11 First Report issue in this proceeding. The second Radio Broadcasting Services; Walnut and Order filed by the International issue concerning the sale or transfer of Grove, MS Association of Fire Chiefs and N11 codes and the administration of International Municipal Signal N11 is addressed in this proceeding. We AGENCY: Federal Communications Association (IAFC Petitioners) and conclude that the sale or transfer of the Commission.
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ACTION: Final rule. FEDERAL COMMUNICATIONS NW, Washington, Provisions of the COMMISSION Regulatory Flexibility Act of 1980 do SUMMARY: This document grants a not apply to this proceeding. 47 CFR Part 73 Petition for Reconsideration filed by Federal Communications Commission. Colon Johnston directed to the Report [DA 01–179, MM Docket Nos. 96–7, 96–12, John A. Karousos, and Order in this proceeding to the RM–8732, RM–8845, RM–8741, File No. Chief, Allocations Branch, Policy and Rules extent of allotting Channel 244C2 to BPH–960206IE] Division, Mass Media Bureau. Walnut Grove, Mississippi. The Report Radio Broadcasting Services; Banks, [FR Doc. 01–3411 Filed 2–8–01; 8:45 am] and Order had dismissed this proposal. Redmond, Sunriver, Corvallis and The BILLING CODE 6712–01–P See 63 FR 26993, May 15, 1998. The Dalles, Oregon reference coordinates for the Channel 244C2 allotment at Walnut Grove, AGENCY: Federal Communications DEPARTMENT OF TRANSPORTATION Mississippi, are 32–42–50 and 89–23– Commission. 48. With this action, the proceeding is ACTION: Final rule; denial. Federal Railroad Administration terminated. SUMMARY: This document denies the 49 CFR Part 213 DATES: Effective March 13, 2001. petition for reconsideration filed by Madgekal Broadcasting, Inc., licensee of [Docket No. RST–90–1, Notice No. 13] FOR FURTHER INFORMATION CONTACT: Station KFLY, Corvallis, Oregon, as RIN 2130–AB32 Robert Hayne, Mass Media Bureau, repetitive and, pursuant to Section (202) 418–2177. 1.429(b) of the rules, as based on facts Track Safety Standards; Delay of SUPPLEMENTARY INFORMATION: This is a not previously presented. It also affirms Effective Date synopsis of the Commission’s the Commission’s Report and Order AGENCY: Federal Railroad Memorandum Opinion and Order in granting the upgrade of Station KDBX Administration (FRA), Department of MM Docket No. 97–188. Adopted (FM), Banks, Oregon, from Channel Transportation, (DOT). January 24, 2001, and released January 298C2 to Channel 298C1, filed by Common Ground Broadcasting, 26, 2001. The full text of this decision ACTION: Final rule and corrections; delay superseded by American Radio Systems is available for inspection and copying of effective date. License Corp., and subsequently during normal business hours in the superseded by CBS, Inc; the substitution SUMMARY: In accordance with the FCC Reference Information Center at of Channel 269C2 for Channel 298C2 at memorandum of January 20, 2001, from Portals 11, CY–A257, 445 12th Street Redmond, Oregon; the allotment of the Assistant to the President and Chief SW., Washington, DC. The complete Channel *268C3 at The Dalles filed by of Staff, entitled ‘‘Regulatory Review text of this decision may also be LifeTalk Broadcasting Association; and Plan,’’ published in the Federal Register purchased from the Commission’s copy the allotment of Channel 224C2 at on January 24, 2001, 66 FR 7702, this contractor, International Transcription Sunriver, Oregon, filed by Hurricane action temporarily delays for 60 days Service, Inc., (202) 857–3805, 1231 M Broadcasting, Inc. In addition, the the effective date of the rule entitled Street NW., Washington, DC 20036. Report and Order denied a settlement Track Safety Standards, published in agreement between American Radio the Federal Register on January 10, List of Subjects in 47 CFR Part 73 Systems License Corp. and Madgekal 2001, 66 FR 1894. That rule concerns an Radio broadcasting. Broadcasting Inc. in which Madgekal amendment to the Track Safety Broadcasting Inc. would accept an Standards which provides procedures Part 73 of Title 47 of the Code of upgrade for Station KFLY(FM), for track owners to use Gage Restraint Federal Regulations is amended as Corvallis, Oregon, from Channel 268C2 Measuring Systems (GRMS) to assess follows: to Channel 268C1 for a payment of the ability of their track to maintain $950,000. The staff also denied proper gage. 47 CFR Part 73—RADIO BROADCAST Madgekal Broadcasting Inc.’s competing Likewise, this action temporarily SERVICES proposal filed as a one-step upgrade delays for 60 days the effective date of application upgrading Station KFLY to the document entitled Track Safety 1. The authority citation for Part 73 Channel 268C at Corvallis. Standards; Correction, published in the continues to read as follows: FOR FURTHER INFORMATION CONTACT: Federal Register on January 31, 2001, 66 Authority: 47 U.S.C. 154, 303, 334 and 336. Victoria M. McCauley, Mass Media FR 8372. This document corrects Bureau, (202) 418–2180. inadvertent errors contained in the § 73.202 [Amended] SUPPLEMENTARY INFORMATION: This is a above rule. DATES: The effective date of the final Section 73.202(b), the Table of FM synopsis of the Commission’s Memorandum Opinion and Order, MM rule amending 49 CFR part 213 Allotments under Mississippi, is Docket Nos. 96–7, 96–12, adopted published in the Federal Register on amended by adding Walnut Grove, January 24, 2001, and released January January 10, 2001, at 66 FR 1894, is 244C2. 26, 2001. The full text of this delayed for 60 days, from April 10, Federal Communications Commission. Commission decision is available for 2001, until June 9, 2001. The effective John A. Karousos, inspection and copying during normal date of the Corrections to the final rule amending 49 CFR part 213 published in Chief, Allocations Branch, Policy and Rules business hours in the FCC Reference Division, Mass Media Bureau. Center, 445 12th Street SW, the Federal Register on January 31, 2001, at 66 FR 8372 is delayed for 60 [FR Doc. 01–3410 Filed 2–8–01; 8:45 am] Washington, DC. The complete text of this decision may also be purchased days, from April 10, 2001, until June 9, BILLING CODE 6712–01–U from the Commission’s copy contractor, 2001. International Transcription Services, FOR FURTHER INFORMATION CONTACT: Inc., (202) 857–3800, 1231 20th Street Nancy Lummen Lewis, Office of Chief
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Counsel, Federal Railroad of Staff, entitled ‘‘Regulatory Review Dated: February 2, 2001. Administration, 1120 Vermont Avenue, Plan,’’ published in the Federal Register Julie Anna Cirillo, NW., Mail Stop 10, Washington, DC on January 24, 2001 (66 FR 7702), this Assistant Administrator and Chief Safety 20590 (telephone: 202–493–6047). action temporarily delays for 60 days Officer. SUPPLEMENTARY INFORMATION: To the the effective date of the final rule [FR Doc. 01–3210 Filed 2–8–01; 8:45 am] extent that 5 U.S.C. section 553 applies entitled ‘‘Federal Motor Carrier Safety BILLING CODE 4910–EX–P to this action, it is exempt from notice Regulations; Definition of Commercial and comment because it constitutes a Motor Vehicle (CMV); Requirements for rule of procedure under 5 U.S.C. section Operators of Small Passenger-Carrying DEPARTMENT OF TRANSPORTATION 553(b)(A). Alternatively, FRA’s CMVs,’’ published in the Federal implementation of this action without Register on January 11, 2001, at 66 FR Federal Transit Administration opportunity for public comment, 2756. That rule adopts the statutory effective immediately upon publication definition of a commercial motor 49 CFR Part 611 today in the Federal Register, is based vehicle (CMV) at 49 U.S.C. 31132; and RIN 2132–AA63 on the good cause exceptions in 5 U.S.C. amends the Federal Motor Carrier Safety section 553(b)(B) and 553(d)(3). Seeking Regulations to require that motor Major Capital Investment Projects; public comment is impracticable, carriers operating CMVs designed or Partial Stay unnecessary and contrary to the public used to transport between 9 and 15 AGENCY: Federal Transit Administration interest. The temporary 60-day delay in passengers (including the driver) for (FTA), DOT. effective date is necessary to give compensation file a motor carrier Department officials the opportunity for identification report, mark their CMVs ACTION: Final rule; partial stay of further review and consideration of new with a USDOT identification number, effectiveness. regulations, consistent with the and maintain an accident register. SUMMARY: In accordance with the Assistant to the President’s DATES: The effective date of the final memorandum of January 20, 2001, from memorandum of January 20, 2001. rule amending 49 CFR part 390 the Assistant to the President and Chief Given the imminence of the effective published at 66 FR 2756, January 11, of Staff, entitled ‘‘Regulatory Review date, seeking prior public comment on 2001, is delayed for 60 days from Plan,’’ published in the Federal Register this temporary delay would have been February 12, 2001, until April 13, 2001. on January 24, 2001, this action impractical, as well as contrary to the FOR FURTHER INFORMATION CONTACT: Mr. temporarily stays 49 CFR part 611, public interest in the orderly Larry W. Minor, Office of Bus and Truck Major Capital Investment Projects, promulgation and implementation of Standards and Operations (MC-PSV), which was published in the Federal regulations. The imminence of the (202) 366–4009; or Mr. Charles E. Register on December 7, 2000, at 65 FR effective date is also good cause for Medalen, Office of the Chief Counsel 76864, with an effective date of making this action effective (MC-CC), (202) 366–1354, Federal Motor February 5, 2001. That rule describes immediately upon publication. Carrier Safety Administration, 400 the procedures that FTA will use in the Issued in Washington, DC on January 31, Seventh Street, SW., Washington, DC New Starts project evaluation and rating 2001. 20590. process. This temporary stay will allow Ray Rogers, the Department an opportunity for Acting Deputy Administrator. SUPPLEMENTARY INFORMATION: To the further consideration of this rule. extent that 5 U.S.C. 553 applies to this [FR Doc. 01–3211 Filed 2–8–01; 8:45 am] action, it is exempt from notice and DATES: Effective February 5, 2001, 49 BILLING CODE 4910–06–P comment because it constitutes a rule of CFR part 611 is stayed until April 6, procedure under 5 U.S.C. 553(b)(A). 2001, except for paragraphs (a)(1)(i)–(ii) and (d) of Appendix A to Part 611, DEPARTMENT OF TRANSPORTATION Alternatively, the FMCSA’s implementation of this action without which will become effective September 1, 2001. Federal Motor Carrier Safety opportunity for public comment, Administration effective immediately upon publication FOR FURTHER INFORMATION CONTACT: For today in the Federal Register, is based program issues, John Day, Office of 49 CFR Part 390 on the good cause exceptions in 5 U.S.C. Policy Development, FTA, (202) 366– 553(b)(B) and 553(d)(3). Seeking public 4060. For legal issues, Scott A. Biehl, [Docket Nos. FMCSA–97–2858 and FMCSA– comment is impracticable, unnecessary Assistant Chief Counsel, FTA, (202) 99–5710] and contrary to the public interest. The 366–4063. RINs 2126–AA51 and 2126–A44 [formerly temporary 60-day delay in effective date SUPPLEMENTARY INFORMATION: To the RINs 2125–E22 and 2125–AE60] is necessary to give Department officials extent that 5 U.S.C. section 553 applies the opportunituy for further review and to this action, it is exempt from notice Federal Motor Carrier Safety consideration of new regulations, and comment because it constitutes a Regulations; Definition of Commercial consistent with the Assistant to the rule of procedure under 5 U.S.C. section Motor Vehicle (CMV); Requirements for President’s memorandum of January 20, 553(b)(A). Alternatively, FTA’s Operators of Small Passenger- 2001. Given the imminence of the implementation of this action without Carrying CMVs; Delay of Effective Date effective date, seeking prior public opportunity for public comment, AGENCY: Federal Motor Carrier Safety comment on this temporary delay effective February 5, 2001, is based on Administration (FMCSA), DOT. would have been impracticable, as well the good cause exceptions in 5 U.S.C. ACTION: Final rule; delay of effective as contrary to the public interest in the section 553(b)(B) and 553(d)(3). Seeking date. orderly promulgation and public comment is impracticable, implementation of regulations. The unnecessary and contrary to the public SUMMARY: In accordance with the imminence of the effective date is also interest. The temporary 60-day stay of memorandum of January 20, 2001, from good cause for making this action the rule is necessary to give Department the Assistant to the President and Chief effective immediately upon publication. officials the opportunity for further
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review and consideration of new 01930–2298. The EA/RIR/FRFA is the proposed rule and are not repeated regulations, consistent with the accessible via the Internet at http:/ here. Assistant to the President’s www.nero.gov/ro/doc/nr.htm. This interim final rule will delay the re-opening of the Hudson Canyon South memorandum of January 20, 2001. FOR FURTHER INFORMATION CONTACT: and Virginia Beach scallop closed areas Given the imminence of the effective Peter W. Christopher, Fishery Policy for 180 days or until such time that new date, seeking prior public comment on Analyst, 978–281–9288, fax 978–281– measures to prevent overfishing in the this temporary stay would have been 9135, e-mail areas are implemented, whichever is impractical, as well as contrary to the [email protected]. public interest in the orderly sooner. This action is authorized by promulgation and implementation of Send comments on any ambiguity or section 305(c) of the Magnuson-Stevens regulations. The imminence of the unnecessary complexity arising from the Fishery Conservation and Management effective date is also good cause for language used in this interim final rule Act (Magnuson-Stevens Act) and may be making this action effective February 5, to the Regional Administrator at the extended for an additional 180-day 2001. same address. period. Issued on: January 31, 2001. SUPPLEMENTARY INFORMATION: NMFS Classification Hiram J. Walker, implemented an interim final rule on April 3, 1998 (63 FR 15324), that The need to implement these Acting Deputy Administrator. established two areas in the Mid- measures in a timely manner to prevent [FR Doc. 01–3207 Filed 2–6–01; 5:05 pm] Atlantic region that were closed to all overfishing and reduce the likelihood of BILLING CODE 4910–57–P scallop fishing. This interim final rule long-term productivity losses and more was subsequently extended for 180 days severe restrictions in the future, (63 FR 51862, September 29, 1998) and constitutes good cause under 5 U.S.C. DEPARTMENT OF COMMERCE on March 29, 1999, Amendment 7 to the 553(d)(3) to delay for 15 days, rather FMP (64 FR 14835) extended the than 30 days, the effectiveness of this National Oceanic and Atmospheric effective date of the closures through interim final rule. Administration March 1, 2001. This interim final rule has been determined to be not significant for 50 CFR Part 648 While there are still concentrations of purposes of Executive Order 12866. small scallops in the Hudson Canyon NMFS prepared an FRFA as part of a [Docket No. 001120324–1030–02; I.D. South and Virginia Beach Closed Areas, 110700D] regulatory impact review (RIR) that recent surveys by the NMFS Northeast describes the economic impact this RIN 0648–AO71 Fisheries Science Center and Virginia action, if adopted, would have on small Institute of Marine Science indicate that entities. A copy of the FRFA is available Fisheries of the Northeastern United a large portion of the protected scallops from NMFS (see ADDRESSES). A States; Atlantic Sea Scallop Fishery; have grown and could be of summary of the FRFA follows: Extension of Closed Areas considerable value to the fishing A description of the reasons why industry. To address the concern that AGENCY: action by the agency is being taken and National Marine Fisheries these scallops will be vulnerable to high Service (NMFS), National Oceanic and the objectives of this interim final rule fishing pressure upon the re-opening of are explained in the preamble to the Atmospheric Administration (NOAA), the closed areas on March 1, 2001, the Commerce. proposed rule and are not repeated here. New England Fishery Management This action does not contain any ACTION: Interim final rule. Council (Council) is currently collection-of-information, reporting, developing Framework Adjustment 14 SUMMARY: This interim final rule recordkeeping or other compliance extends the closure of the Hudson to the FMP, which includes an area requirements. This action is taken under Canyon South and Virginia Beach Sea access program for the Mid-Atlantic authority of the Magnuson-Stevens Scallop Closed Areas on an interim closed areas. This program would Fishery Act and regulations at 50 CFR basis for 180 days or until such time restrict scallop vessels when fishing in part 648. that a controlled area access program for the re-opened Mid-Atlantic closed areas There were no public comments these two areas can be implemented to a scallop possession limit and a submitted in response to the initial through Framework 14 to the Atlantic limited amount of trips, among other regulatory flexibility analysis (IRFA). No Sea Scallop Fishery Management Plan measures. Because the Council is changes were made from the proposed (FMP), whichever is sooner. This action, preparing a Supplemental rule. which is necessary to reduce Environmental Impact Statement for The FRFA considers the impacts that overfishing, will help ensure that Framework 14 to assess the impacts of this action will have on small entities, fishing mortality rates do not exceed the the fishery on the human environment, which includes all holders of active target thresholds established in the it is highly unlikely that the framework scallop permits, since none have FMP. can be implemented by March 1, 2001, reported gross annual revenues greater the date that the Mid-Atlantic closed than $3 million. The 1999 fishing DATES: Effective March 2, 2001, through areas are scheduled to re-open. An season, March 1, 1999, to February 28, August 8, 2001. extension of the closures is, therefore, 2000, was the last full year of scallop ADDRESSES: Copies of the necessary to ensure that the areas do not fishing activity available for analysis. Environmental Assessment/Regulatory open prior to protective measures being During that season, there were 345 Impact Review/Final Regulatory in place. NMFS published a proposed qualified permits in the limited access Flexibility Analysis (EA/RIR/FRFA) and rule for this action on December 1, 2000 fishery. In addition, 2,095 permits were any other documents supporting this (65 FR 75232) and no comments were issued to vessels in the open access action are available from Patricia A. received in response to the request for General Category. Kurkul, Regional Administrator, comments. Further details concerning The alternative implemented by this Northeast Regional Office, NMFS, 1 the justification for this interim final interim final rule is expected to Blackburn Drive, Gloucester, MA rule were provided in the preamble to minimize negative economic impacts on
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small entities, particularly in the long in the absence of this interim action, immediate use in accordance with the term, while achieving the conservation access during the 2002 season might provisions of § 648.23(b). Vessels fishing goals and overall objectives of the FMP. also have to be reduced substantially in in the closed area for species other than NMFS considered 3 alternatives for order to rebuild the stock. scallops must stow scallop dredge gear action with respect to the Hudson The President has directed Federal in accordance with the provisions of Canyon South and Virginia Beach agencies to use plain language in their § 648.23(b). The Virginia Beach Closed Closed Areas. The alternative to communications with the public, Area is defined by straight lines implement a controlled access program including regulations. To comply with connecting the following points in the for the two closed areas was rejected this directive, we seek public comment order stated: because NMFS determined that it is not on any ambiguity or unnecessary feasible to implement an area access complexity arising from the language Point Latitude Longitude used in this interim final rule. Such program by March 1, 2001, due to the V1 37 00’ N. 74 55’ W. time constraints of developing such an comments should be sent to Patricia A. Kurkul, Regional Administrator (see V2 37 00’ N. 74 35’ W. action. Analysis of the action was, V3 36 25’ N. 74 45’ W. therefore, not completed. Two other ADDRESSES). V4 36 25’ N. 74 55’ W. alternatives were analyzed: Re-opening List of Subjects in 50 CFR Part 648 the areas on March 1, 2001, without [FR Doc. 01–3387 Filed 2–8–01; 8:45 am] Fisheries, Fishing, Reporting and control (no action); and extending the BILLING CODE 3510–22–S closures through the interim final rule recordkeeping requirements. for a period of 180 days or until a Dated: February 5, 2001. controlled access program is William T. Hogarth, DEPARTMENT OF COMMERCE implemented (proposed action). NMFS Acting Assistant Administrator for Fisheries, selected the proposed action for 180 National Marine Fisheries Service. National Oceanic and Atmospheric Administration days from March 1, 2001, or until For the reasons set forth in the Framework 14 can be implemented preamble, 50 CFR part 648 is amended 50 CFR Part 679 (currently estimated to be May 2001), as follows: whichever is sooner, because it would [Docket No. 010112013-1301-01; I.D. prevent overfishing and would be more PART 648—FISHERIES OF THE 012901A] likely to achieve the goals of the FMP NORTHEASTERN UNITED STATES to maximize, over time, the joint social Fisheries of the Exclusive Economic and economic benefits from harvesting 1. The authority citation for part 648 Zone Off Alaska; Pollock in Statistical and use of the sea scallop resource. The continues to read as follows: Area 610 of the Gulf of Alaska proposed action is not expected to Authority: 16 U.S.C. 1801 et seq. AGENCY: National Marine Fisheries reduce overall access to the closed areas 2. Section 648.57 is added to read as Service (NMFS), National Oceanic and in 2001 and will protect the growth follows: Atmospheric Administration (NOAA), potential of more young scallops for Commerce. 2002, provided that Framework 14 is § 648.57 Closed areas. implemented in a timely fashion, as (a) Hudson Canyon South Closed ACTION: Closure. Area. No vessel may fish for, possess, or anticipated by the Council and NMFS. SUMMARY: NMFS is prohibiting directed Vessels will be able to fish their days- retain sea scallops in or from the area known as the Hudson Canyon South fishing for pollock in Statistical Area at-sea (DAS) allocation outside of the 610 of the Gulf of Alaska (GOA). This closed areas. Any short-term negative Closed Area. No vessel may transit this closed area unless all scallop dredge action is necessary to prevent exceeding impacts caused by delaying the re- the A season allowance of the pollock opening of the two Mid-Atlantic areas to gear on board is properly stowed and not available for immediate use in total allowable catch (TAC) for scallop fishing are expected to be offset Statistical Area 610 of the GOA. by access to those areas through accordance with the provisions of DATES: Framework 14 for the remainder of 2001 § 648.23(b). Vessels fishing in this Effective 1200 hrs, Alaska local and by future recruitment of scallops. closed area for species other than time (A.l.t.), February 6, 2001, until Without the proposed action, the most scallops must stow scallop dredge gear 1200 hrs, A.l.t., March 15, 2001. likely outcome would be that in accordance with the provisions of FOR FURTHER INFORMATION CONTACT: Framework 14 would need to § 648.23(b). The Hudson Canyon South Andrew Smoker, 907-586-7228. implement measures that would prevent Closed Area is defined by straight lines SUPPLEMENTARY INFORMATION: NMFS further access to these closed areas connecting the following points in the manages the groundfish fishery in the during 2001 because vessels would have order stated: GOA exclusive economic zone exceeded the target fishing mortalities according to the Fishery Management and total allowable catch by the time Point Latitude Longitude Plan for Groundfish of the Gulf of Framework 14 becomes effective. H1 39 30’ N. 73 10’ W. Alaska (FMP) prepared by the North Therefore, the no-action alternative H2 39 30’ N. 72 30’ W. Pacific Fishery Management Council would likely reduce long-term economic H3 38 30’ N. 73 30’ W. under authority of the Magnuson- benefits. Under this alternative, H4 38 40’ N. 73 50’ W. Stevens Fishery Conservation and overfishing may occur in the areas, and Management Act. Regulations governing the ability to maximize scallop yields (b) Virginia Beach Closed Area. No fishing by U.S. vessels in accordance from the areas and ensure that vessel may fish for, possess, or retain with the FMP appear at subpart H of 50 recruitment potential is maintained sea scallops in or from the area known CFR part 600 and 50 CFR part 679. could be compromised, thereby as the Virginia Beach Closed Area. No The A season allowance of the reducing long-term benefits to the vessel may transit this closed area pollock TAC in Statistical Area 610 of scallop fishing industry. Depending on unless all scallop dredge gear on board the GOA is 7,707 metric tons (mt) as the amount of fishing that has occurred is properly stowed and not available for established by the Final 2001 Harvest
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Specifications and Associated DEPARTMENT OF COMMERCE Bering Sea subarea will be reached. Management Measures for the Therefore, the Regional Administrator is Groundfish Fisheries Off Alaska (66 FR National Oceanic and Atmospheric establishing a directed fishing 7276, January 22, 2001). Administration allowance of 3,372 mt, and is setting In accordance with § 679.20(d)(1)(i), aside the remaining 200 mt as bycatch the Administrator, Alaska Region, 50 CFR Part 679 to support other anticipated groundfish NMFS (Regional Administrator), has [Docket No. 010112013-1013-01; I.D. fisheries. In accordance with determined that the A season allowance 012201D] § 679.20(d)(1)(iii), the Regional of the pollock TAC in Statistical Area Administrator finds that this directed 610 will soon be reached. Therefore, the Fisheries of the Exclusive Economic fishing allowance soon will be reached. Regional Administrator is establishing a Zone Off Alaska; Atka Mackerel in the directed fishing allowance of 6,707 mt, Consequently, NMFS is prohibiting Eastern Aleutian District and Bering directed fishing for Atka mackerel in the and is setting aside the remaining 1,000 Sea Subarea of the Bering Sea and Eastern Aleutian District and the Bering mt as bycatch to support other Aleutian Islands anticipated groundfish fisheries. In Sea subarea of the BSAI. accordance with § 679.20(d)(1)(iii), the AGENCY: National Marine Fisheries Maximum retainable bycatch amounts Regional Administrator finds that this Service (NMFS), National Oceanic and may be found in the regulations at directed fishing allowance will soon be Atmospheric Administration (NOAA), § 679.20(e) and (f). reached. Consequently, NMFS is Commerce. prohibiting directed fishing for pollock ACTION: Closure. Classification in Statistical Area 610 of the GOA. Maximum retainable bycatch amounts SUMMARY: NMFS is prohibiting directed This action responds to the Initial may be found in the regulations at fishing for Atka mackerel with gears TAC limitations and other restrictions § 679.20(e) and (f). other than jig in the Eastern Aleutian on the fisheries established in the 2001 District and the Bering Sea subarea of Harvest Specifications for Groundfish Classification the Bering Sea and Aleutian Islands for the BSAI. Pursuant to 5 USC This action responds to the best management area (BSAI). This action is 553(b)(3)(B), the Acting Assistant available information recently obtained necessary to prevent exceeding the A Administrator for Fisheries, NOAA, from the fishery. The Assistant season allowance of the 2001 total finds good cause exists to waive the Administrator for Fisheries, NOAA, allowable catch (TAC) of Atka mackerel prior notice and opportunity for public finds that the need to immediately in these areas. comment as such procedures are implement this action to prevent DATES: Effective 1200 hrs, Alaska local unnecessary and contrary to public exceeding the amount of the 2001 A time (A.l.t.), February 6, 2001, until interest. This action must be season pollock TAC specified for 1200 hrs, A.l.t., September 1, 2001. implemented immediately to prevent Statistical Area 610 of the GOA FOR FURTHER INFORMATION CONTACT: overharvesting the A season allowance constitutes good cause to waive the Andrew Smoker, 907-586-7228. of the 2001 TAC of Atka mackerel in the requirement to provide prior notice and Eastern Aleutian District and the Bering opportunity for public comment SUPPLEMENTARY INFORMATION: NMFS pursuant to the authority set forth at 5 manages the groundfish fishery in the Sea subarea of the BSAI. Similarly good U.S.C. 553(b)(3)(B) and 50 CFR BSAI exclusive economic zone cause exists to waive the delay in the 679.20(b)(3)(iii)(A), as such procedures according to the Fishery Management effective date as it would only result in would be unnecessary and contrary to Plan for the Groundfish Fishery of the overharvest. NMFS finds for good cause the public interest. Similarly the need to Bering Sea and Aleutian Islands Area that the implementation of this action implement these measures in a timely (FMP) prepared by the North Pacific should not be delayed for 30 days. fashion to prevent exceeding the 2001 A Fishery Management Council under Accordingly, under 5 U.S.C. 553(d), a season pollock TAC specified for authority of the Magnuson-Stevens delay in the effective date is hereby Statistical Area 610 of the GOA Fishery Conservation and Management waived. Act. Regulations governing fishing by constitutes good cause to find that the This action is required by § 679.20 effective date of this action cannot be U.S. vessels in accordance with the FMP at subpart H of 50 CFR part 600 and 50 and is exempt from review under delayed for 30 days. Accordingly, under Executive Order 12866. 5 U.S.C. 553(d), a delay in the effective CFR part 679. date is hereby waived. The A season allowance of Atka Authority: 16 U.S.C. 1801 et seq. mackerel TAC for non-jig gear in the This action is required by § 679.20 Dated: February 5, 2001. and is exempt from review under Eastern Aleutian District and the Bering Bruce C. Morehead, Executive Order 12866. Sea subarea was specified as 3,572 metric tons (mt) (66 FR 7327, January 22 Acting Director, Office of Sustainable Authority: 16 U.S.C. 1801 et seq. 2001). See § 679.20(a)(8)(ii). Fisheries, National Marine Fisheries Service. Dated: February 5, 2001 In accordance with § 679.20(d)(1)(i), [FR Doc. 01–3368 Filed 2–6–01; 2:52 pm] Bruce C. Morehead the Administrator, Alaska Region, BILLING CODE 3510-22-S Acting Director, Office of Sustainable NMFS (Regional Administrator), has Fisheries, National Marine Fisheries Service. determined that the A season allowance [FR Doc. 01–3369 Filed 2–6–01; 2:52 pm] of TAC for non-jig gear Atka mackerel BILLING CODE 3510-22-S in the Eastern Aleutian District and the
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Proposed Rules Federal Register Vol. 66, No. 28
Friday, February 9, 2001
This section of the FEDERAL REGISTER transaction not backed by a Customs FEDERAL COMMUNICATIONS contains notices to the public of the proposed bond. COMMISSION issuance of rules and regulations. The By a document published in the purpose of these notices is to give interested 47 CFR Parts 43 and 32 persons an opportunity to participate in the Federal Register (59 FR 13664) on rule making prior to the adoption of the final March 23, 1994, Customs proposed to [CC Docket No. 98–137; CC Docket No. 99– rules. amend § 24.1(e) to also provide for a $30 117; AAD File No. 98–26; FCC 00–396] defaulted payment fee in those cases 1998 Biennial Regulatory Review— where the transaction was secured by a DEPARTMENT OF THE TREASURY Review of Depreciation Requirements bond, in order to recoup the for Incumbent Local Exchange Customs Service administrative costs incurred for Carriers, Ameritech Corporation processing returned checks and other Telephone Operating Companies’ 19 CFR Part 24 defaulted payments in these situations Continuing Property Records Audit, et as well. al., GTE Telephone Operating RIN 1515–AB38 Withdrawal of Proposal Companies Release of Information Obtained During Joint Audit Fees Assessed for Defaulted Payments Three comments were received from AGENCY: Federal Communications the public in response to the proposed AGENCY: Customs Service, Department Commission. rule. All opposed the amendment of of the Treasury. ACTION: § 24.1(e) to provide for a $30 fee in cases Proposed rule. ACTION: Proposed rule; withdrawal. of defaulted payments of duties, taxes or SUMMARY: In this document, the SUMMARY: This document withdraws the other charges to Customs incurred in Commission declines to adopt the proposed amendment to the Customs connection with commercial alternative proposal set forth in a Regulations which would have allowed importations or other transactions that Further Notice of Proposed Rulemaking the assessment of a $30 defaulted were supported by a bond. After careful issued on April 3, 2000 concerning payment fee for any check or other consideration of these comments, and conditions for price cap incumbent local monetary instrument that was presented further review of the matter, Customs exchange carriers (ILECs) to obtain relief for duties, taxes or other charges, and has determined not to proceed with the from the Commission’s depreciation returned unpaid by a financial notice of proposed rulemaking to this requirements. In addition, the institution, in connection with any effect that was published in the Federal Commission declines to pursue further commercial importation or other Register (59 FR 13664) on March 23, investigation into the continuing transaction secured by a Customs bond. 1994. Customs has concluded at this property record (CPR) audits of certain Customs has concluded that the fee time that an additional fee should not be ILECs that are currently before the should not be assessed in cases where assessed in cases where a commercial Commission. the transaction is already backed by a importation or other Customs ADDRESSES: Federal Communications Customs bond and liquidated damages transaction is secured by a bond under Commission, 445 12th Street, SW, TW– may properly be assessed under the which liquidated damages may properly A325, Washington, DC. 20554. bond for a defaulted payment. Customs be assessed for a defaulted payment of FOR FURTHER INFORMATION CONTACT: authority to assess the $30 fee thus duties, taxes or other applicable charges. JoAnn Lucanik at (202) 418–0873. remains limited to defaulted payments Customs authority to assess the $30 fee on noncommercial importations and SUPPLEMENTARY INFORMATION: This is a thus remains limited to defaulted other transactions that are not supported summary of the Commission’s Second by a bond. payments on noncommercial Report and Order in CC Docket 99–137 importations and other transactions that and Order in CC Docket No. 99–117 and DATE: This withdrawal is effective on are not supported by a bond. AAD File No. 98–26. The full text of this February 9, 2001. Commission decision is available for FOR FURTHER INFORMATION CONTACT: Raymond W. Kelly, inspection and copying during normal David Baker, Office of Finance, (202– Commissioner of Customs. business hours in the FCC Reference 927–0205). Approved: November 9, 2000. Center (Room CY–A257), 445 12th SUPPLEMENTARY INFORMATION: John P. Simpson, Street, SW, Washington, DC 20554. The complete text may also be purchased Background Deputy Assistant Secretary of the Treasury. [FR Doc. 01–3359 Filed 2–8–01; 8:45 am] from the Commission’s copy contractor, Under § 24.1(e) of the Customs International Transcription Service, Regulations (19 CFR 24.1(e)), Customs BILLING CODE 4520–02–P Inc., 1231 20th Street, Washington, DC may charge a $30 fee for each check that 20036, telephone (202) 857–3800. is returned by a financial institution unpaid, if that check was presented to Summary of the Order Customs either for payment of duties, The alternative proposal set forth in taxes or other charges incurred on the April 2000 FNPRM, 65 FR 19725 noncommercial importations for which (April 12, 2000), as an option for price a formal entry was not required or for cap ILECs to obtain freedom from the payment in connection with any other Commission’s depreciation
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requirements, generated a great deal of rules and to verify that property RBOCs did not seriously challenge, that controversy among the parties. In recorded in their accounts represented the CPRs were not well maintained. particular, significant concerns were equipment used and useful for the Thus, we find that the RBOCs’ CPRs raised by state regulatory commissions, provision of telecommunications were not maintained in accordance with consumer groups, and industry services. our rules. Accordingly, we direct the participants about the effect that the We note that the audits of the carriers’ Common Carrier Bureau to work with proposed above-the-line accounting CPRs were initiated more than three the RBOCs to evaluate and improve the treatment would have on local and years ago. The telecommunications accuracy of their property records and interstate rates, unbundled network landscape has changed significantly accounts to ensure compliance with our element (UNE) and interconnection since that time. Among other things, in requirements going forward. rates, and universal service support. a recent decision issued on May 31, Conclusion Many parties commenting on this issue 2000, we adopted reforms intended to generally disagreed with an accounting accelerate competition in the local and The alternative proposal set forth in treatment that would permit above-the- long distance telecommunications the April 2000 FNPRM has generated line amortization of the regulatory-to- markets and set the appropriate level of substantial controversy over whether it financial book differential over a five- interstate access charges for the next provides the same protections as year period. They also argued that the five years (‘‘May 2000 Access Reform provided in the December 1999 Order proposed non-recovery commitment Order’’) (which was not published in given the expressed concerns of our included as part of the proposed the Federal Register). Specifically, we state colleagues, we decline to adopt it. alternative did not provide adequate provided for an immediate reduction in Carriers remain free to seek relief under assurance that a significant amount of access charges paid by long distance the waiver approach adopted in the costs would be excluded from recovery companies and removed implicit December 1999 Order to obtain freedom in customers’ rates and did not protect subsidies found in interstate access from the Commission’s depreciation against carriers’ potential charges by converting them into requirements. Moreover, we have understatement of earnings and rates of explicit, portable, universal service determined not to pursue further return. In addition, many parties raised support. In earlier actions to implement investigation into whether the RBOCs’ issues about the potential impact of the the 1996 Act, we took steps to move the CPRs reflected assets that were not proposed above-the-line accounting price of long distance companies’ access purchased or used by the RBOCs in treatment on state cost issues and to local telephone networks towards accordance with our rules and hereby argued that the non-recovery levels that reflect costs. These actions close the CPR audit proceedings in this commitment proposed by the ILECs was have brought about significant respect. not sufficient to assure that the reductions in access charges and major Federal Communications Commission. amortized costs, particularly the changes in the interstate rate structure Magalie Roman Salas, that resolve historically complex issues intrastate portion, would be excluded Secretary. from cost recovery. (some dating back nearly two decades), Our review of the record finds that the in a manner that benefits consumers. [FR Doc. 01–3117 Filed 2–8–01; 8:45 am] parties have raised sufficient concerns In light of these recent reform BILLING CODE 6712–01–U that warrant our taking a cautious measures, which in large part are only approach in this matter. We are beginning to get underway, and the fact FEDERAL COMMUNICATIONS concerned about assertions that the that the CPR audits were conducted COMMISSION proposed accounting alternative set prior to our implementation of these forth in the April 2000 FNPRM, along various reforms, we now decide not to 47 CFR Part 73 with the ILECs’ non-recovery pursue further investigation into the commitment, lacks the inherent CPR audits and close the proceeding [DA 01–193; MM Docket No. 00–155; RM– protections that are provided for in the with regard to whether the CPRs 9924] reflected assets that were not purchased waiver process we approved in the Radio Broadcasting Services; Las or used by the RBOCs in accordance December 1999 Order (which was not Vegas and Rowe, NM published in Federal Register). In light with our rules. Further, we note that of the concerns expressed by various although we have made no decision AGENCY: Federal Communications parties, particularly our state colleagues, concerning the findings stated in the Commission. we decline to adopt the proposed CPR audits, we recognize that further ACTION: Proposed rule; denial. alternative set forth in the April 2000 investigation into the CPR audit matter FNPRM and instead maintain the status will require a great deal of time and SUMMARY: The Commission denies the quo. effort, and could prove to be a lengthy request of Meadows Media, LLC, In making a decision here we weigh and costly proceeding for all permittee of Station KTRL, Las Vegas, the concerns expressed by the states participants. We wish to make clear, New Mexico, to substitute Channel heavily in the balance. We are reluctant however, that our decision in this order 275C3 for Channel 275C2 at Las Vegas, to take action that could unfairly burden does not preclude the states from the reallotment of Channel 275C3 to state proceedings, particularly when our investigating relevant state issues raised Rowe, as its first local aural service, and December 1999 Order provides a waiver by the CPR audits. the modification of Station KTRL’s process whereby carriers may seek Finally, while we decline here to construction permit accordingly. The additional relief from our depreciation further pursue investigation into the Commission found that petitioner did prescription rules in the future without CPR audits with regard to whether the not show that Rowe has sufficient raising such concerns. In 1997, the CPRs reflected assets that were not community indicia to find that it is a Common Carrier Bureau’s auditors purchased or used by the RBOCs in community for allotment purposes. In began an audit of the CPRs of the largest accordance with our rules, we remain addition, even if it were found to be a ILECs, the RBOCs, to determine if their concerned about the poor record community for allotment purposes, the records were being maintained in keeping that these audits revealed. The Commission found that the reallotment compliance with the Commission’s Commission’s auditors found, and the would not result in a preferential
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arrangement of allotments because it E. Vermijo Ave., Colorado Springs, CO DEPARTMENT OF THE INTERIOR would result in a substantially larger 80903. number of people remaining Fish and Wildlife Service FOR FURTHER INFORMATION CONTACT: underserved with only one fulltime reception service than would receive a Nancy Joyner, Mass Media Bureau, (202) 50 CFR Part 17 418–2180. first local aural service but already RIN 1018–AH61 receive at least two fulltime aural SUPPLEMENTARY INFORMATION: This is a services. See 65 FR 54192, September synopsis of the Commission’s Notice of Endangered and Threatened Wildlife 15, 2000. Proposed RuleMaking, MM Docket No. and Plants; Reopening of Comment FOR FURTHER INFORMATION CONTACT: 01–18, adopted January 17, 2001, and Period and Notice of Availability of the Leslie K. Shapiro, Mass Media Bureau, released January 26, 2001. The full text Draft Economic Analysis for Proposed (202) 418–2180. of this Commission decision is available Critical Habitat for the Bay SUPPLEMENTARY INFORMATION: This is a for inspection and copying during Checkerspot Butterfly synopsis of the Commission’s Report normal business hours in the FCC’s AGENCY: Fish and Wildlife Service, and Order, MM Docket No. 00–155, Reference Information Center (Room Interior. adopted January 17, 2001, and released CY–A257), 445 Twelfth Street, SW., ACTION: Proposed rule; reopening of January 26, 2001. The full text of this Washington, DC. The complete text of Commission decision is available for comment period and notice of this decision may also be purchased availability of draft economic analysis. inspection and copying during normal from the Commission’s copy contractor, business hours in the FCC Reference International Transcription Service, SUMMARY: We, the U.S. Fish and Center (Room 239), 445 12th Street, SW, Inc., 1231 20th Street, NW., Wildlife Service, announce the Washington, DC. The complete text of Washington, DC 20036, (202) 857–3800. availability of the draft economic this decision may also be purchased analysis for the proposed designation of Provisions of the Regulatory from the Commission’s copy contractor, critical habitat for the bay checkerspot Flexibility Act of 1980 do not apply to International Transcription Services, butterfly (Euphydryas editha bayensis). Inc., (202) 857–3800, 1231 20th Street, this proceeding. We are also providing notice of the NW., Washington, DC 20036. Members of the public should note reopening of the comment period for the Federal Communications Commission. that from the time a Notice of Proposed proposal to designate critical habitat for John A. Karousos, Rule Making is issued until the matter the bay checkerspot butterfly to allow Chief, Allocations Branch, Policy and Rules is no longer subject to Commission all interested parties to comment Division, Mass Media Bureau. consideration or court review, all ex simultaneously on the proposed rule [FR Doc. 01–3412 Filed 2–8–01; 8:45 am] parte contacts are prohibited in and the associated draft economic BILLING CODE 6712–01–P Commission proceedings, such as this analysis. Comments previously one, which involve channel allotments. submitted need not be resubmitted as See 47 CFR 1.1204(b) for rules they will be incorporated into the public FEDERAL COMMUNICATIONS governing permissible ex parte contacts. record as part of this reopened comment COMMISSION period and will be fully considered in For information regarding proper the final rule. filing procedures for comments, see 47 47 CFR Part 73 DATES: We will accept public comments CFR 1.415 and 1.420. [DA 01–186; MM Docket No. 01–18; RM– until March 12, 2001. In addition, we 10026] List of Subjects in 47 CFR Part 73 are planning on holding one public information meeting during this time. Radio Broadcasting Services; Arriba, Radio broadcasting. Refer to the Public Information Meeting CO For the reasons discussed in the section for the date, time, and location AGENCY: Federal Communications preamble, the Federal Communications of this meeting. Commission. Commission proposes to amend 47 CFR ADDRESSES: Written comments and ACTION: Proposed rule. part 73 as follows: information should be submitted to Field Supervisor, Sacramento Fish and SUMMARY: This document requests PART 73—RADIO BROADCAST Wildlife Office, U.S. Fish and Wildlife comments on a petition for rule making SERVICES Service, 2800 Cottage Way, Suite W– filed by Alan Olson, requesting the 2605, Sacramento, California 95825. For allotment of Channel 297A to Arriba, 1. The authority citation for part 73 electronic mail address and further Colorado, as that community’s first local continues to read as follows: instructions on commenting, refer to aural transmission service. This Public Comments Solicited section of Authority: 47 U.S.C. 154, 303, 334 and 336. proposal requires a site restriction 2.4 this notice. kilometers (1.5 miles) southeast of § 73.202 [Amended] FOR FURTHER INFORMATION CONTACT: For Arriba, utilizing coordinates 39–16–05 general information, contact David 2. Section 73.202(b), the Table of FM NL and 103–15–38 WL. Wright, Stephanie Brady or Patricia Allotments under Colorado, is amended DATES: Comments must be filed on or Foulk, at the above address (telephone before March 19, 2001, and reply by adding Arriba, Channel 297A. 916/414–6600; facsimile 916/414–6710). comments on or before April 3, 2001. Federal Communications Commission. SUPPLEMENTARY INFORMATION: ADDRESSES: Secretary, Federal John A. Karousos, Background Communications Commission, Chief, Allocations Branch, Policy and Rules Washington, DC 20554. In addition to Division, Mass Media Bureau. The bay checkerspot butterfly filing comments with the FCC, [FR Doc. 01–3413 Filed 2–8–01; 8:45 am] (Euphydryas editha bayensis) is a interested parties should serve the medium-sized butterfly with a wing BILLING CODE 6712–01–U petitioner, as follows: Alan Olson, 934 span of about 5 centimeters (2 inches).
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The forewings have black bands along Critical habitat receives protection contact us directly by calling our all the veins on the upper wing surface, from destruction or adverse Sacramento Fish and Wildlife Office at contrasting sharply with bright red, modification through required telephone number 919/414–6600. yellow and white spots. The species consultation under section 7 of the Act (3) You may hand-deliver comments occurs in San Francisco Bay area (16 U.S.C. 1531 et seq.) with regard to to our Sacramento Fish and Wildlife counties, notably the counties of San actions carried out, funded, or Office at the address given above or at Mateo and Santa Clara. For a detailed authorized by a Federal agency. Section the public information meeting (see description of this species, see the 4(b)(2) of the Act requires that the Public Information Meeting section Recovery Plan for Serpentine Soil Secretary shall designate or revise below). Species of the San Francisco Bay Area critical habitat based upon the best (FWS 1998) and references within that scientific and commercial data Comments and materials received, as plan. available, and may exclude areas from well as supporting documentation used Pursuant to the Endangered Species designation after taking into in preparation of the proposal to Act of 1973, as amended (Act), the bay consideration the economic impact of designate critical habitat, will be checkerspot butterfly was listed as a specifying any particular area as critical available for inspection, by threatened species on September 18, habitat. Based upon the previously appointment, during normal business 1987 (52 FR 35366). Residential and published proposal to designate critical hours at the address under (1) above. commercial development, invasive non- habitat for the bay checkerspot butterfly, Copies of the draft economic analysis native plants, and air pollution threaten and comments received during the are available on the Internet at the bay checkerspot butterfly. previous comment periods, we have ‘‘www.r1.fws.gov’’ or by writing to the On June 30, 1999, the Center for prepared a draft economic analysis of Field Supervisor at the address under Biological Diversity, filed a complaint the proposed critical habitat (1) above. against us challenging our critical designation. The draft economic Public Information Meeting habitat findings for seven species, analysis is available at the Internet and including the bay checkerspot. On mailing addresses in the Public We have scheduled one public August 30, 2000, the United States Comments Solicited section below. information meeting. This meeting will District Court for the Northern District be held on February 22, 2001, from 1:00 of California (Southwest Center for Public Comments Solicited to 4:00 p.m., at the Hyatt Sainte Claire, Biological Diversity v. Bruce Babbit. et We will accept written comments and 302 South Market Street, San Jose, al., CIV 99–3202) ruled on several of the information during this re-opened California. You may hand-deliver species involved, including the bay comment period. If you wish to written comments at this meeting. checkerspot. The court ordered us to comment, you may submit your propose critical habitat within 60 days comments and materials concerning this Author(s) of the ruling and to finalize the proposal by any of several methods: The primary authors of this notice are designation within 120 days of the (1) You may submit written comments Stephanie Brady (see ADDRESSES proposed designation. A subsequent and information to the Field Supervisor, section), and Christine Mullen, U.S. settlement agreement with the Center Sacramento Fish and Wildlife Office, Fish and Wildlife Service, Regional for Biological Diversity extended the U.S. Fish and Wildlife Service, 2800 Office, 911 N.E. 11th Avenue, Portland, date for the final rule to April 20, 2001. Cottage Way, Suite W–2605, Oregon 97232. On October 16, 2000, we published in Sacramento, California 95825. the Federal Register (65 FR 61218) a (2) You may send comments by Authority electronic mail (e-mail) to: proposed rule to designate critical The authority for this action is the [email protected]. If you habitat for the bay checkerspot butterfly. Endangered Species Act of 1973 (16 submit comments by e-mail, please The original comment period closed on U.S.C. 1531 et seq.). December 15, 2000. submit them as an ASCII file and avoid We have proposed to designate 15 the use of special characters and any Dated: February 5, 2001. critical habitat areas totaling form of encryption. Please also include Elizabeth H. Stevens, approximately 10,600 hectares (ha) ‘‘Attn: RIN 1018–AH61’’’ and your name Acting Manager, California/Nevada (26,180 acres(ac)) in Santa Clara and and return address in your e-mail Operations Office, Region 1, U.S. Fish and San Mateo counties of California. The message. If you do not receive a Wildlife Service. areas range in size from 179 ha (443 ac) confirmation from the system that we [FR Doc. 01–3345 Filed 2–8–01; 8:45 am] to approximately 2,855 ha (7,055 ac). have received your e-mail message, BILLING CODE 4310–55–P
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Notices Federal Register Vol. 66, No. 28
Friday, February 9, 2001
This section of the FEDERAL REGISTER accordance with Section 805 of the to be furnished by nonprofit agencies contains documents other than rules or Alaska National Interest Lands employing persons who are blind or proposed rules that are applicable to the Conservation Act, Public Law 96–487, have other severe disabilities. public. Notices of hearings and investigations, and Subsistence Management DATES: Comments must be received on committee meetings, agency decisions and Regulations for Public Lands in Alaska, rulings, delegations of authority, filing of or before March 12, 2001. petitions and applications and agency 36 CFR Part 242 and 50 CFR Part 100, ADDRESSES: Committee for Purchase statements of organization and functions are Subparts, A, B, and C (64 FR 1276). The From People Who Are Blind or Severely examples of documents appearing in this Regional Councils advise the Federal Disabled, Jefferson Plaza 2, Suite 10800, section. Government on all matters related to the 1421 Jefferson Davis Highway, subsistence taking of fish and wildlife Arlington, Virginia 22202–3259. on public lands in Alaska and operate FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF AGRICULTURE in accordance with provisions of the Louis R. Bartalot (703) 603–7740. Federal Advisory Committee Act. Forest Service The Regional Council meeting is open SUPPLEMENTARY INFORMATION: This to the public. You are invited to attend notice is published pursuant to 41 DEPARTMENT OF THE INTERIOR this meeting observe the proceedings, U.S.C. 47(a)(2) and 41 CFR 51–2.3. Its purpose is to provide interested persons Fish and Wildlife Service and provide comments to the Regional Councils. The Regional Councils will be an opportunity to submit comments on Alaska Federal Subsistence Regional briefed on the draft FY2001 fisheries the possible impact of the proposed Advisory Council Meeting resource monitoring projects and will actions. develop their recommendations to the If the Committee approves the AGENCY: Forest Service, USDA; Fish and Federal Subsistence Board. You can find proposed additions, all entities of the Wildlife Service, Interior. additional information regarding the Federal Government (except as ACTION: Notice of meeting. draft FY2001 fisheries resource otherwise indicated) will be required to monitoring projects on our website at procure the services listed below from SUMMARY: Alaska Federal Subsistence http://www.r7.fws.gov/asm/home.html. nonprofit agencies employing persons Regional Advisory Councils will be who are blind or have other severe meeting as a group to review fisheries You may provide testimony from approximately 9:45–11 a.m. each day. disabilities. resource monitoring plans. You are I certify that the following action will invited to attend and observe meeting For further information, in addition to the contacts listed above, you may also not have a significant impact on a proceedings. In addition, you may substantial number of small entities. provide oral testimony on these contact Luise Woelflein by email at [email protected]. For special The major factors considered for this proposed projects. The Regional Council certification were: agendas include: Introduction of accommodations and teleconferencing information, contact the Office of 1. The action will not result in any Regional Council members and guests; additional reporting, recordkeeping or Summary of FY 2000 fisheries resource Subsistence Management at least 72 hours before the meeting. TTY users other compliance requirements for small monitoring projects; Review of draft FY entities other than the small 2001 fisheries resource monitoring may call through the Federal Relay Service at 1–800–877–8339. organizations that will furnish the projects. services to the Government. DATES: Federal Subsistence Regional Dated: January 11, 2001. 2. The action will result in Advisory Councils will meet at the Kenneth E. Thompson, authorizing small entities to furnish the Anchorage Marriott Downtown, 820 Regional Subsistence Program Manager, services to the Government. West 7th Avenue, Anchorage, Alaska, USDA—Forest Service. 3. There are no known regulatory starting at 8:30 a.m. on February 6, Thomas H. Boyd, alternatives which would accomplish 2001, and at 9 a.m. on February 7, 2001. Acting Chair, Federal Subsistence Board. the objectives of the Javits-Wagner- FOR FURTHER INFORMATION CONTACT: [FR Doc. 01–1955 Filed 2–6–01; 3:49 pm] O’Day Act (41 U.S.C. 46–48c) in Chair, Federal Subsistence Board, c/o BILLING CODE 4310–55–M connection with the services proposed Thomas H. Boyd, Office of Subsistence for addition to the Procurement List. Management, U.S. Fish and Wildlife Comments on this certification are Service, 3601 C Street, Suite 1030, COMMITTEE FOR PURCHASE FROM invited. Commenters should identify the Anchorage, Alaska 99503; telephone PEOPLE WHO ARE BLIND OR statement(s) underlying the certification (907) 786–3888. For questions related to SEVERELY DISABLED on which they are providing additional subsistence management issues on information. National Forest Service lands, you may Procurement List; Proposed Additions The following services have been direct your inquiries to Ken Thompson, proposed for addition to Procurement AGENCY: Committee for Purchase From Regional Subsistence Program Manager, List for production by the nonprofit People Who Are Blind or Severely USDA, Forest Service, Alaska Region, agencies listed: Disabled. 3601 C Street, Suite 1030, Anchorage, Services ACTION: Proposed additions to Alaska 99503; telephone (907) 786– Food Service 3592. procurement list. Naval Air Station, Pensacola, Naval SUPPLEMENTARY INFORMATION: The SUMMARY: The Committee is proposing Technical Training Center, Corry Station, Regional Councils were established in to add to the Procurement List services Pensacola, FL
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NPA: Lakeview Center, Inc., Pensacola, 80833) of proposed additions to and under 41 U.S.C. 46–48c and 41 CFR 51– Florida deletions from the Procurement List: 2.4. Janitorial/Custodial Additions I certify that the following action will FAA Facilities, ARTCC, Guard Shack, not have a significant impact on a ZANNEX Building & ZAN Village, The Following Comments Pertain to substantial number of small entities. Anchorage, Alaska Uniform Rental Service, National The major factors considered for this NPA: MQC Enterprises, Inc., Anchorage, Institute of Health, Bethesda, Maryland certification were: Alaska Comments were received from the 1. The action will not result in any Janitorial/Custodial current contractor in response to a additional reporting, recordkeeping or California Air National Guard, Building 546, request for sales data. The contractor other compliance requirements for small Moffett Federal Airfield, California described what it does to provide the entities other than the small NPA: VTF Services, Palo Alto, California uniform service, which is basically the organizations that will furnish the Janitorial/Custodial same tasks that the nonprofit agency commodities and services to the VA Medical Center, Dental Laboratory, designated by the Committee will Government. Washington, DC perform, and noted that it had dedicated 2. The action will not have a severe NPA: Columbia Lighthouse for the Blind, employees to provide the service. The economic impact on current contractors Washington, DC contractor also noted that it uses a for the commodities and services. Janitorial/Custodial nonprofit agency for people with 3. The action will result in Great Lakes Naval Training Center, Great disabilities to support its provision of authorizing small entities to furnish the Lakes, Illinois the service. The contractor further noted commodities and services to the NPA: Ada S. McKinley Community that loss of the service would have a Government. Services, Chicago, Illinois substantial impact on a contractor 4. There are no known regulatory Mailroom and Records Management Services facility and that facility’s ability to pay alternatives which would accomplish U.S. Army Corps of Engineers, Jacksonville, expenses and employees. In a second the objectives of the Javits-Wagner- Florida letter, the contractor stated that it had O’Day Act (41 U.S.C. 46–48c) in NPA: Tampa Lighthouse for the Blind, been active in supporting blind services connection with the commodities and Tampa, Florida in its headquarters city for a number of services proposed for addition to the years and had received an award for that G. John Heyer, Procurement List. support. Accordingly, the following General Counsel. The Committee looks to the total sales [FR Doc. 01–3385 Filed 2–8–01; 8:45 am] commodities and services are hereby of a corporation in assessing the severity added to the Procurement List: BILLING CODE 6353–01–P of impact of a Procurement List addition on that corporation. Because of the size Commodities of the contractor’s corporation, the COMMITTEE FOR PURCHASE FROM Kit, Martial Arms Training impact of this addition is very small. PEOPLE WHO ARE BLIND OR 7810–00–NSH–0001 The contractor has not provided data SEVERELY DISABLED 7810–00–NSH–0002 concerning the impact of the addition 7810–00–NSH–0003 on the nonprofit agency which supports Procurement List; Additions and Services Deletions the work of the contractor’s facility, nor has the nonprofit agency provided such Janitorial/Custodial Naval & Marine Corps Reserve Center, AGENCY: data. Consequently, the Committee Committee for Purchase From Peoria, Illinois People Who Are Blind or Severely believes that the impact on the Janitorial/Custodial Disabled. nonprofit agency will not be substantial. Illinois Air National Guard, 182nd Airlift ACTION: Additions to and deletions from The Committee appreciates the fact Wing, Peoria, Illinois the Procurement List. that the contractor supports blind Janitorial/Custodial services in its headquarters city. Naval & Marine Corps Reserve Center, SUMMARY: This action adds to the However, the contractor has not Lehigh Valley, Pennsylvania Procurement List commodities and indicated that its support will be Mailroom Operation services to be furnished by nonprofit affected by the Procurement List McCoy Federal Building, Jackson, agencies employing persons who are addition, nor otherwise indicated that Mississippi Uniform Rental Service blind or have other severe disabilities, adverse impact on the blind groups it National Institute of Health, Bethesda, and deletes from the Procurement List a supports will occur if the addition is Maryland commodity and services previously made. Therefore, the Committee does furnished by such agencies. not see this information as relevant to This action does not affect current contracts awarded prior to the effective EFFECTIVE DATE: March 12, 2001. its addition decision. date of this addition or options that may ADDRESSES: Committee for Purchase The Following Material Pertains to All be exercised under those contracts. From People Who Are Blind or Severely of the Items Being Added to the Disabled, Jefferson Plaza 2, Suite 10800, Procurement List Deletions 1421 Jefferson Davis Highway, After consideration of the material I certify that the following action will Arlington, Virginia 22202–3259. presented to it concerning capability of not have a significant impact on a FOR FURTHER INFORMATION CONTACT: qualified nonprofit agencies to provide substantial number of small entities. Louis R. Bartalot (703) 603–7740. the commodity and services and impact The major factors considered for this SUPPLEMENTARY INFORMATION: On of the additions on the current or most certification were: December 15 and December 22, 2000 the recent contractors, the Committee has 1. The action will not result in any Committee for Purchase From People determined that the commodities and additional reporting, recordkeeping or Who Are Blind or Severely Disabled services listed below are suitable for other compliance requirements for small published notices (65 FR 78466 and procurement by the Federal Government entities.
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2. The action will not have a severe V. Final Report Card: The Civil Rights Description of Amended Certificate economic impact on future contractors Performance of the Clinton Export Trade Certificate of Review for the commodity and services. Administration No. 96–00005, was issued to Spirit 3. The action will result in VI. State Advisory Committee Report Index, Ltd. on November 15, 1996 (61 • authorizing small entities to furnish the Reconciliation at a Crossroads: The FR 59217, November 21, 1996). Spirit commodity and services to the Implications of Rice v. Cayetano on Index, Ltd.’s Certificate of Review has Government. Programs for Native Hawaiians been amended to change the name of 4. There are no known regulatory VII. Future Agenda Items the Certificate holder from Spirit Index, alternatives which would accomplish CONTACT PERSON FOR FURTHER Ltd. originally located at 342 White the objectives of the Javits-Wagner- INFORMATION: Les Jin, Office of the Staff Horse Pike, Clementon, New Jersey O’Day Act (41 U.S.C. 46–48c) in Director, (202) 376–7700. 08021–4345, to Thomas P. Kaczur at 259 connection with the commodity and 9:00 a.m. Hearing to Begin Rockaway Street, Islip Terrace, New services deleted from the Procurement York 11752–1104. List. Edward A. Hailes, Jr., A copy of the amended certificate will After consideration of the relevant General Counsel. be kept in the International Trade matter presented, the Committee has [FR Doc. 01–3452 Filed 2–6–01; 4:25 pm] Administration’s Freedom of determined that the commodity and BILLING CODE 6335–01–M Information Records Inspection Facility, services listed below are no longer Room 4102, U.S. Department of suitable for procurement by the Federal Commerce, 14th Street and Constitution Government under 41 U.S.C. 46–48c Avenue, NW., Washington, DC 20230. and 41 CFR 51–2.4. Accordingly, the DEPARTMENT OF COMMERCE following commodity and services are Dated: February 5, 2001. hereby deleted from the Procurement International Trade Administration, David C. Bowie, List: Commerce Acting Deputy, Assistant Secretary for Service Industries and Finance. Commodity Export Trade Certificate of Review [FR Doc. 01–3395 Filed 2–8–01; 8:45 am] Floorboard, Wood BILLING CODE 3510–DR–U 2510–01–067–2630 ACTION: Notice of issuance of an amended export trade certificate of Services: review, Application No. 96–A0005. DEPARTMENT OF COMMERCE Administrative Services Frank Hagel Federal Building, 1221 Nevin SUMMARY: The Department of Commerce National Oceanic and Atmospheric Avenue, Richmond, California has issued an amendment to the Export Administration Grounds Maintenance Trade Certificate of Review granted Mare Island Naval Complex and Roosevelt originally to Spirit Index, Ltd. on [I.D. 020501B] Terrence and Combat Systems Technical November 15, 1996. Notice of issuance School Command, Mare Island Naval Southwest Region Vessel Monitoring Shipyard, Vallejo, California of the Certificate was published in the System Requirements Janitorial/Custodial Federal Register on November 21, 1996 U.S. Federal Building and Courthouse, 110 (61 FR 59217). AGENCY: National Oceanic and S. 4th Street, Minneapolis, Minnesota FOR FURTHER INFORMATION CONTACT: Atmospheric Administration (NOAA) Parts Sorting Vanessa M. Bachman, Acting Director, ACTION: Proposed information Kelly Air Force Base, Texas Office of Export Trading Company collection; comment request. Affairs, International Trade G. John Heyer, Administration, (202) 482–5131 (this is SUMMARY: The Department of General Counsel. not a toll-free number) or at E-mail at Commerce, as part of its continuing [FR Doc. 01–3386 Filed 2–8–01; 8:45 am] [email protected]. effort to reduce paperwork and BILLING CODE 6353–01–P respondent burden, invites the general SUPPLEMENTARY INFORMATION: Title III of public and other Federal agencies to the Export Trading Company Act of comment on proposed and/or 1982 (15 U.S.C. sections 4001–21) continuing information collections, as COMMISSION ON CIVIL RIGHTS authorizes the Secretary of Commerce to required by the Paperwork Reduction issue Export Trade Certificates of Act of 1995, Pub. L. 104-13 (44 U.S.C. Sunshine Act Meeting Review. The regulations implementing 3506(c)(2)(A)). Title III are found at 15 CFR Part 325 AGENCY: DATES: Written comments must be U.S. Commission on Civil (2000). Rights. submitted on or before April 10, 2001. The Office of Export Trading DATE AND TIME: Friday, February 16, Company Affairs (‘‘OETCA’’) is issuing ADDRESSES: Direct all written comments 2001, 7:30 a.m. this notice pursuant to 15 CFR 325.6(b), to Madeleine Clayton, Departmental PLACE: Wynhdham Miami Biscayne Bay which requires the Department of Forms Clearance Officer, Department of Hotel, 1601 Biscayne Boulevard, Commerce to publish a summary of the Commerce, Room 6086, 14th and Bahama Room, Miami, FL 33132. certification in the Federal Register. Constitution Avenue NW, Washington DC 20230 (or via Internet at STATUS: Under Section 305(a) of the Act and 15 CFR 325.11(a), any person aggrieved by [email protected]). Agenda the Secretary’s determination may, FOR FURTHER INFORMATION CONTACT: I. Approval of Agenda within 30 days of the date of this notice, Requests for additional technical II. Approval of Minutes of January 12, bring an action in any appropriate information on VMS Units and 2001 Meeting district court of the United States to set operations, please contact Mr. Bob III. Announcements aside the determination on the ground Harman at NOAA Honolulu Law IV. Staff Director’s Report that the determination is erroneous. Enforcement, P.O. Box 50246, Honolulu,
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HI 96850-7118, (808) 541-3075, on respondents, including through the of the capture, fish weight, and other [email protected]. For information use of automated collection techniques subjects. on regulations pertaining to VMS Units or other forms of information II. Method of Collection or copies of the information collection technology. instrument(s) and instructions should Comments submitted in response to The information is submitted on a be directed to Alvin Katekaru, National this notice will be summarized and/or form. included in the request for OMB Marine Fisheries Service, 1601 III. Data Kapiolani Blvd., Suite 1110, Honolulu, approval of this information collection; HI 96814, (808) 973-2935 ext. 207, they also will become a matter of public OMB Number: 0648-0259. [email protected]. record. Form Number: None. Type of Review: Regular submission. SUPPLEMENTARY INFORMATION: Dated: February 2, 2001. Affected Public: Individuals or Madeleine Clayton, I. Abstract households. Departmental Forms Clearance Officer, Office Estimated Number of Respondents: Federal permit holders in the Hawaii of the Chief Information Officer. longline pelagic fishery are prohibited 240. [FR Doc. 01–3388 Filed 2–8–01; 8:45 am] Estimated Time Per Response: 2 from fishing unless their vessel has an BILLING CODE 3510–22–S operational Vessel Monitoring System minutes. (VMS)unit. Permit holders in the lobster Estimated Total Annual Burden Hours: 8. fishery of the Northwestern Hawaiian DEPARTMENT OF COMMERCE Islands that use a VMS are allowed to Estimated Total Annual Cost to fish closer to fishing grounds before the National Oceanic and Atmospheric Public: $0. regulated opening of the fishery. VMS Administration IV. Request for Comments units automatically transmit periodic [I.D. 020501A] Comments are invited on: (a) Whether location reports, allowing fishery the proposed collection of information enforcement offices to establish the Tag Recapture Card is necessary for the proper performance position of the vessels. These of the functions of the agency, including requirements are currently approved AGENCY: National Oceanic and whether the information shall have under OMB Control #0648-0307, but Atmospheric Administration (NOAA). practical utility; (b) the accuracy of the renewal of OMB clearance is being ACTION: Proposed information agency’s estimate of the burden sought separately from the other collection; comment request. (including hours and cost) of the requirements that formed 0648-0307. SUMMARY: The Department of proposed collection of information; (c) II. Method of Collection Commerce, as part of its continuing ways to enhance the quality, utility, and All VMS position reports are effort to reduce paperwork and clarity of the information to be transmitted automatically and respondent burden, invites the general collected; and (d) ways to minimize the electronically. public and other Federal agencies to burden of the collection of information take this opportunity to comment on on respondents, including through the III. Data proposed and/or continuing information use of automated collection techniques OMB Number: None. collections, as required by the or other forms of information Form Number: None. Paperwork Reduction Act of 1995, Pub. technology. Type of Review: Regular submission. L. 104-13 (44 U.S.C. 3506(c)(2)(A)). Comments submitted in response to Affected Public: Business and other DATES: Written comments must be this notice will be summarized and/or for-profit organizations. submitted on or before April 10, 2001. included in the request for OMB Estimated Number of Respondents: ADDRESSES: Direct all written comments approval of this information collection; 165. to Madeleine Clayton, Departmental they also will become a matter of public Estimated Time Per Response: 4 hours Forms Clearance Officer, Department of record. to install a VMS, 2 hours per year to Commerce, Room 6086, 14th and Dated: February 2, 2001. repair and maintain a VMS, and 24 Constitution Avenue NW, Washington seconds per day to transmit automated Madeleine Clayton, DC 20230 (or via Internet at Departmental Forms Clearance Officer, Office positions reports. [email protected]). Estimated Total Annual Burden of the Chief Information Officer. Hours: 731. FOR FURTHER INFORMATION CONTACT: [FR Doc. 01–3389 Filed 2–8–01; 8:45 am] Estimated Total Annual Cost to Requests for additional information or BILLING CODE 3510–22–S Public: None. copies of the information collection instrument(s) and instructions should IV. Request for Comments be directed to David Rosenthal, F/SEC2, DEPARTMENT OF COMMERCE Comments are invited on: (a) Whether Room 224, 75 Virginia Beach Drive, the proposed collection of information Miami, FL 33149-1003 (phone 305-361- National Oceanic and Atmospheric is necessary for the proper performance 4253). Administration of the functions of the agency, including SUPPLEMENTARY INFORMATION: [Docket No. 001206342-0342-01; I.D. whether the information shall have 080200B] practical utility; (b) the accuracy of the I. Abstract agency’s estimate of the burden NOAA conducts a Cooperative RIN 0648-ZB00 (including hours and cost) of the Gamefish Tagging Program to obtain NOAA Restoration Center; Request for proposed collection of information; (c) scientific information on migratory National and Regional Habitat ways to enhance the quality, utility, and patterns, age, growth, etc. The Restoration Partners clarity of the information to be information is necessary for stock collected; and (d) ways to minimize the management. Persons capturing tagged AGENCY: National Marine Fisheries burden of the collection of information fish are asked to provide data on the site Service (NOAA Fisheries), National
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Oceanic and Atmospheric conservation ethic for NOAA trust potential restoration projects, strengthen Administration (NOAA), Commerce. resources. NOAA trust resources are the development and implementation of ACTION: Notice of request for partnership living marine resources that include sound restoration projects within proposals. commercial and recreational fishery communities, and develop long-term, resources (marine fish and shellfish and ongoing national and regional SUMMARY: The purpose of this document their habitats); anadromous species partnerships to support community- is to invite the public to submit multi- (fish, such as salmon and striped bass, based restoration efforts of living marine year proposals for establishing that spawn in freshwater and then resource habitats across a wide innovative partnerships with the NOAA migrate to the sea); endangered and geographic area. For more information Restoration Center (RC) at a national or threatened marine species and their on the CRP, see Electronic Access. regional level to further habitat habitats; marine mammals, turtles, and restoration that will benefit living their habitats; marshes, mangroves, II. Restoration Partnership Priorities marine resources including anadromous seagrass beds, coral reefs, and other NOAA is interested in developing fish. NOAA envisions working jointly coastal habitats; and resources national and regional partnerships that on such partnerships, through its associated with National Marine will lead to the accomplishment of on- Community-Based Restoration Program Sanctuaries and National Estuarine the-ground, community-based (CRP), to select, competitively fund, and Research Reserves. Priorities for habitat restoration of marine, coastal and administer projects with substantial restoration partnership activities freshwater habitats to benefit living community involvement that restore include: areas identified by NOAA marine resources, including NOAA trust resource habitat. Fisheries as essential fish habitat (EFH) anadromous fish species. The primary This document describes the types of and areas within EFH identified as goals of NOAA in establishing these habitat restoration partnerships that the Habitat Areas of Particular Concern; partnerships are to restore living marine RC envisions establishing, and describes areas identified as critical habitat for resource habitats; to involve community criteria under which applications will federally or state listed marine and member volunteers in restoration be evaluated for funding consideration. anadromous species; areas identified as activities to increase public awareness Partnerships selected through this important habitat for marine mammals of the ecological value of fisheries notice will be implemented through a and turtles; watersheds or such other habitat and foster a sense of community cooperative agreement mechanism and areas under conservation management stewardship and pride for local will involve joint selection and co- as special management areas under state restoration efforts; to develop and funding of multiple community-based coastal management programs; and maintain long-term, ongoing, working habitat restoration projects. This is not other important commercial or relationships of mutual benefit by a request for individual community- recreational marine fish habitat, partnering on activities where the based habitat restoration project including degraded areas that priorities and goals of partners overlap; proposals. historically were important habitat for to combine resources with national and DATES: This is an open notice for living marine resources. regional partners to increase the The CRP’s objective is to bring applications that runs through geographic scope and rate at which together citizen groups, public and September 1, 2001. Applications will be habitat restoration can be conducted; nonprofit organizations, watershed evaluated and partners selected within and to collaborate on project groups, industry, corporations and 45 days after date of publication in the identification, development, and businesses, youth conservation corps, Federal Register and each month selection for funding with partners that students, landowners, and local thereafter until the close of this are able to coordinate and manage most government, state, and Federal agencies solicitation. No facsimile or electronic or all aspects of restoration activities. mail applications will be accepted. to implement habitat restoration projects to benefit NOAA trust The RC envisions four primary means ADDRESSES: Send applications to James resources. Partnerships developed at of working collaboratively to implement P. Burgess, Director, NOAA Restoration national, regional and local levels fisheries habitat restoration through Center, National Marine Fisheries contribute funding, land, technical partnerships: (1) Through sharing of Service, 1315 East West Highway (F/ assistance, workforce support or other restoration priorities, project ideas and HC3), Silver Spring, MD 20910-3282; in-kind services to promote citizen techniques among interested ATTN: CRP Partnership Applications. participation in the improvement of organizations; (2) through the See SUPPLEMENTARY INFORMATION locally-important living marine investment of technical assistance and section under Electronic Access for resources and develop local stewardship oversight on particular restoration additional information on the Program and monitoring activities to sustain and projects of mutual interest; (3) through and for application form information. evaluate the success of the restoration. collaborative identification of quality FOR FURTHER INFORMATION CONTACT: The CRP recognizes the significant habitat restoration projects, and Christopher D. Doley or Robin J. role that partnerships can play in independent investment of technical Bruckner, (301) 713-0174, or by e-mail making habitat restoration happen assistance and cash and in-kind project at [email protected] or within communities, and acknowledges contributions; and (4) through [email protected]. that habitat restoration is often best cooperative agreements, where potential SUPPLEMENTARY INFORMATION: implemented through technical and national and regional partners apply for monetary support provided at a funds to work with the RC on a multi- I. Program Description community level. Community-based year basis to identify, develop, The CRP, a financial and technical restoration projects supported by the implement and monitor community- Federal assistance program, promotes CRP are successful because they have based habitat restoration projects to strong partnerships at the national, significant local backing, depend upon benefit NOAA trust resources. regional and local levels to fund grass- citizens’ hands-on involvement, and Establishing partnerships through a roots, community-based activities that typically involve NOAA technical cooperative agreement mechanism will restore living marine resources and their assistance or oversight. The role of involve joint selection and co-funding of habitats and promote stewardship and a NOAA in the CRP is to help identify numerous community-based habitat
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restoration projects, and is the primary NOAA’s contribution under a riparian buffer zones and improvement focus of this Federal Register document. partnership is used to co-fund of freshwater habitat features that competitive habitat restoration projects support anadromous fishes; planting of III. National and Regional Restoration that benefit a wide range of NOAA trust native coastal wetland and submerged Partnerships resources over a substantial geographic aquatic vegetation; and enhancement of NOAA invites the submission of area. NOAA and its partner will jointly feeding, spawning and growth areas multi-year proposals of up to 3 years for solicit for local, citizen-driven habitat essential to marine or anadromous fish. establishing innovative partnerships restoration proposals, and identify, A partnership application may target with the RC at a national or regional evaluate and prioritize individual the restoration of specific habitats, or level to further coastal habitat projects for funding. Partners will be restrict work to certain geographic restoration. Successful applicants will expected to play a primary role in locations or the use of certain be those whose partnership proposals project development, the competitive restoration techniques, if the restoration are broad-reaching and demonstrate the solicitation of proposals, the of these habitats or work in designated potential for significant benefits to coordination of joint reviews and locations or with particular techniques living marine resources across a large evaluations of proposals, the award and has been documented under a regional geographic area, and those whose administration of sub-grants, and the planning effort to be a priority that is restoration projects will actively engage direct administrative oversight and also consistent with the priorities of community participation. Applicants routine review of funded projects. NOAA Fisheries. An example of seeking to establish partnerships must Partners will be expected to ensure that suitable documentation includes demonstrate that restoration activities all work on individual projects will proposed restoration activities resulting will be consistent with NOAA Fisheries meet Federal, state and local from a regional planning or other priorities outlined in this notice. environmental permitting requirements process where multiple stakeholders Proposals for both national and and that projects will be monitored to have reached consensus. Proposals for regional partnerships are encouraged. evaluate their success. Partners also will partnerships with a narrow restoration However, because regional partnerships be expected to conduct all financial, focus that will benefit limited resources are more focused in geographic scope, administrative and contractual aspects or few user groups, or that request these applicants will be expected to of subsequent awards, consistent with funding solely to support or increase demonstrate coordinated efforts among all applicable Federal regulations and general organizational activities, are not multiple groups such as universities, U.S. Department of Commerce/NOAA considered ideal for the partnership science centers, state and municipal procedures and policies. NOAA’s role in development goals of the NOAA agencies, watershed groups, local most partnerships would be to provide Restoration Center, and will be less schools, civic groups and non- technical assistance in project likely to be selected for partnership governmental organizations. development, conduct requisite field agreements with the RC. Applications for regional partnerships visits, assist in the review and should involve a coalition that will evaluation of proposals, and provide IV. Authority develop joint goals and objectives to funding and technical guidance during The Secretary of Commerce is accomplish habitat restoration, and project implementation and monitoring authorized under the Fish and Wildlife whose activities are expected to take of project success. Coordination Act, 16 U.S.C. 661-666, to place across a substantial and defined Projects funded under the partnership provide grants or cooperative geographic region, such as the will be expected to have strong on-the- agreements for fisheries habitat Chesapeake Bay watershed or the states ground habitat restoration components restoration. that border the Gulf of Maine, for that provide educational and social example. benefits for people and their V. Catalogue of Federal Domestic The CRP has worked with a variety of communities in addition to long-term Assistance partners on community-based fishery ecological habitat improvements for This Program is described in the habitat restoration. Successful NOAA trust resources. NOAA ‘‘Catalogue of Federal Domestic partnerships resulted where joint goals recognizes that accomplishing Assistance,’’ under program number and priorities were most effectively restoration is a multi-faceted effort 11.463, Habitat Conservation. accomplished through collaborative involving project design, engineering VI. Eligible Applicants activities, including the pooling of services, permitting, construction, financial and technical resources. The oversight and monitoring. Therefore, to Eligible applicants are institutions of following narrative highlights the allow maximum flexibility under a higher education, hospitals, other non- qualitites the CRP expects in working partnership, applicants should avoid profits, commercial organizations, with national and regional community- unduly restricting proposed activities to organizations under the jurisdiction of based restoration partners. The example specific restoration phases. foreign governments, international is only illustrative and is not intended Restoration is defined here as organizations, state, local and Indian to limit the scope of partnership activities that contribute to the return of tribal governments, and Federal proposals. degraded or altered marine, estuarine, agencies. Although Federal agencies are The CRP seeks partnerships to match coastal and freshwater anadromous fish eligible to apply, they are strongly NOAA cash contributions at a minimum habitats to a close approximation of encouraged to work with states, non- of a 1:1 level, enabling a greater number their condition prior to disturbance. governmental organizations, national of jointly evaluated and selected Restoration may include, but is not service clubs or youth corps community-based habitat restoration limited to, improvement of coastal organizations and others that are eligible projects to be implemented. The wetland tidal exchange or to apply as potential NOAA habitat combined partnership investments are reestablishment of historic hydrology; restoration partners, rather than seeking to be subsequently leveraged between 1 dam or berm removal; improvement or partnerships directly with NOAA. and 5 times once cash and in-kind reestablishment of fish passageway; Proposals selected for funding from contributions from local partners and natural or artificial reef/substrate/ non-Federal applicants will be funded volunteers are included. Ideally, habitat creation; establishment of through a project grant or cooperative
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agreement under the terms of this increases. In accordance with NOAA contributions from a broad public and document. Proposals selected for Community-Based Restoration Program private sector to implement locally funding from a non-NOAA Federal Guidelines (65 FR 16890, March 30, important habitat restoration to benefit agency will be funded through an 2000), the Restoration Center Director living marine resources. To this end, interagency transfer. Note: Before non- will determine the proportion of funds applicants seeking national and regional NOAA Federal applicants may be available to the CRP on an annual basis partnerships with the RC are expected funded, they must demonstrate that they that will be obligated to national and to demonstrate a minimum 1:1 non- have legal authority to receive funds for regional partnerships each year, Federal match. While this is not a the purpose of this program in excess of including the proportion to be used for requirement, NOAA strongly encourages their appropriation. Because this interagency partnerships, and the applicants to leverage as much announcement is not proposing to proportion to be used for direct investment as possible; applicants with procure goods or services from solicitations through the CRP. The less than 1:1 match will not be applicants, the Economy Act (31 U.S.C. number of partnership awards to be disqualified. The degree to which cost- 1535) is not an appropriate legal basis. made as a result of this solicitation will sharing exceeds the minimum level, and Pursuant to Executive Orders 12876, depend on the number of eligible the source (national/regional versus 12900, and 13021, the Department of applications received, the amount of project-by-project) and nature (cash Commerce National Oceanic and funds requested for initiating versus in-kind) of the contribution will Atmospheric Administration (DOC/ partnerships by the applicants, the merit be taken into account in the selection of NOAA) is strongly committed to and rating of the proposals, and the partnerships to be awarded (see broadening the participation of amount of funds made available to the Evaluation Criteria section). The match Historically Black Colleges and CRP by Congress. There is no guarantee can come from a variety of public and Universities, Hispanic Serving that sufficient funds will be available to private sources and can include in-kind Institutions, and Tribal Colleges and initiate partnerships where funding has goods and services. Federal funds may Universities in its educational and been approved, and the mix of national not be considered matching funds. research programs. The DOC/NOAA and regional partnerships will be up to Applicants are permitted to combine vision, mission, and goals are to achieve the discretion of the RC director. contributions from additional non- full participation by Minority Serving National partnerships generally will Federal partners in order to meet the 1:1 Institutions (MSI) in order to advance have preference over regional match expected to establish a the development of human potential, to partnerships if available funds are partnership. Applicants whose strengthen the nation’s capacity to limited. The exact amount of funds that proposals are selected for habitat provide high-quality education, and to may be awarded to work within a restoration partnership funding will be increase opportunities for MSIs to habitat restoration partnership will be bound by the percentage of cost sharing participate in, and benefit from, Federal determined in pre-award negotiations reflected in the award document signed financial assistance programs. DOC/ between the applicant and NOAA by the NOAA Grants Officer. NOAA encourages proposals for representatives. Publication of this IX. Type of Funding Instrument innovative national and regional document does not obligate NOAA to partnerships involving MSIs according establish any specific partnership For habitat restoration partnerships to the criteria in this document, to proposed or to obligate all or any parts selected to receive funding through this strengthen the capacity of MSIs to foster of the available funds for partnership solicitation, the RC envisions providing student careers, research and workforce activities. funds through cooperative agreements. competitiveness in fisheries habitat For partnerships where funding is A cooperative agreement is a legal restoration through identification, approved, funds awarded cannot instrument reflecting a relationship development, implementation and necessarily pay for all the costs that the between NOAA and a recipient monitoring of on-the-ground recipient might incur in the course of whenever (1) the principal purpose of community-based restoration projects carrying out the partnership role. the relationship is to provide financial on a national or regional scale. Allowable costs are determined by assistance to the recipient and (2) reference to the Office of Management substantial involvement in the project VII. Anticipated Funding Levels for and Budget (OMB) Circulars A-122, by NOAA is anticipated during Partnership Activities ‘‘Cost Principles for Non-profit performance of the contemplated This solicitation invites multi-year Organizations’’; A-21, ‘‘Cost Principles activity. NOAA may play a substantial partnerships of up to 3 years with the for Education Institutions’’; and A-87, role in any or all of the following: (1) NOAA Restoration Center, in the form ‘‘Cost Principles for State, Local and Developing national and regional of cooperative agreements of up to Indian Tribal Governments.’’ Generally, partnerships to promote locally driven $4,000,000 (combined NOAA and costs that are allowable include salaries, habitat restoration activities; (2) partner funds, maximum Federal funds equipment, supplies, and training, as conducting cooperative activities with $2 M) for the formation of national long as these are ‘‘necessary and recipients in project identification and habitat restoration partnerships, and up reasonable.’’ However, in order to ranking; (3) evaluating the performance to $2,000,000 (combined NOAA and encourage on-the-ground restoration, if of restoration projects; and (4) partner funds, maximum Federal funds funding for salaries is requested, it must supporting project partners to enhance $1 M) for the formation of regional be used to support staff directly their effectiveness in meeting stated partnerships beginning in FY 2001, with involved in overseeing the restoration goals for improving fisheries allowances for higher amounts if the accomplishment of the restoration work habitat. applicants can produce a match in that will take place under the X. Award Period and Partnership excess of 1:1. Combined funds for partnership. partnerships may be scaled up from FY Duration 2001 levels to $6,000,000 (national) and VIII. Matching Requirements Proposals for national and regional $3,000,000 (regional) in FY 2002, and to The overall focus of the CRP is to partnerships should cover a project $8,000,000 (national) and $4,000,000 provide seed money to individual period between 1 and 3 years. Multi- (regional) in FY 2003 with future budget projects that leverage funds and other year project period requests may be
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funded incrementally on an annual applicable; and narrative project organization’s day-to-day activities that basis, but once awarded, multi-year description (statement of work). Budgets have limited NOAA involvement, or partnerships will not need to compete must include a detailed breakdown by primarily support administration, for funding in subsequent years. If an category of cost estimates as they relate salaries, overhead and travel. application is selected and approved for to specific aspects of the partnership, Applications should not be bound or funding under a partnership, NOAA has with appropriate justification for both stapled and should be printed on one no obligation to provide additional the Federal and non-Federal shares. side only. Incomplete applications will funding in connection with this The narrative project description be returned to the applicant. Three partnership in subsequent years. should be no more than 15 double- copies (one signed original and two However, the intention of the Program spaced pages long, in 12 point font, and signed copies) of each application are is to attract and maintain partnerships should give a clear presentation of the required and must be submitted to the that will be ongoing and long-lasting. proposed partnership. It should identify NOAA Restoration Center (see Established partnerships are expected to the problems the partnership will ADDRESSES). address and the geographic area over continue through the duration of the XIII. Indirect Costs project period. Future opportunities for which the partnership will operate. The submitting proposals to the competitive narrative should describe short- and The budget may include an amount process for developing multi-year, long-term objectives and goals, methods for indirect costs if the applicant has an national and regional habitat restoration for identifying potential projects, the established indirect cost rate with the partnerships are anticipated, but will be criteria that will be used for selecting Federal government. The total dollar dependent on CRP funding levels and restoration proposals and determining amount of indirect costs proposed in an on the performance of existing partners the success of projects implemented at application under this program must not to successfully maintain existing a community level under the exceed the indirect cost rate negotiated partnership activities to identify, partnership, and the relevance of the and approved by a cognizant Federal develop, evaluate, implement and proposed partnership to enhancing agency prior to the proposed effective monitor community-based fisheries habitat to benefit living marine date of the award. However, the Federal habitat restoration projects. Future resources. The narrative also should share of the indirect costs may not opportunities to submit competitive address a mechanism that partners will exceed 25 percent of the proposed applications for establishing national use to ensure that all necessary request for Federal support. Applicants and regional habitat restoration environmental permits and with indirect cost rates above 25 percent partnerships will not affect existing consultations will be secured prior to may use the amount above the 25- partnerships provided that all parties the use of Federal funds for percent level as part of the non-Federal involved are satisfied with the construction. Additionally, the narrative share. A copy of the approved, currently performance of the partnership should identify the anticipated negotiated Indirect Cost Agreement with arrangements. Renewal of an award to partnership duration, amount and the Federal Government must be continue individual partnership timing of funds requested, potential included in the application. If the arrangements in subsequent years, or to sources of match, and any restrictions applicant does not have a current extend the period of performance, is at the partner may impose on the further negotiated rate and plans to seek the total discretion of the Restoration use of Federal funds. For example, if the reimbursement for indirect costs, Center Director. partner anticipates limiting competition documentation necessary to establish a by restricting the level of funding per rate must be submitted within 90 days XI. Electronic Access project, restricting funding to specific of receiving an award. Information on the Program, project phases, cost categories or to XIV. Partnership Selection Process including examples of national specific recipients, restricting habitat partnerships and community-based types, organization types or geographic Applications will be screened to habitat restoration projects that have locations from consideration, these determine if proposals are complete and been funded to date, can be found on restrictions should be clearly detailed in in accordance with instructions detailed the world wide web at http:// the narrative. It is NOAA’s intention to in the standard NOAA Grants www.nmfs.noaa.gov/habitat/restoration. maintain maximum competition and Application Package. Eligible Application forms and instructions for flexibility in the use of Federal restoration partnership proposals will applicants that wish to respond to this restoration funds. undergo a technical review, rating, and solicitation are also available through Anticipated project partners other selection process. Proposals will be this web site, or they can be obtained than the applicant should be identified; reviewed by NOAA field and from the NOAA Restoration Center (see this is particularly important for those headquarters staff to determine how ADDRESSES). applying to establish regional well applications meet the stated aims partnerships. The project narrative of the CRP, and how well the proposal XII. Application Process should describe the organizational meets the goals of the NOAA RC for A NOAA grants application must be structure of the applicant group(s), establishing partnerships, using the filed under the guidelines in this detail their qualifications and identify evaluation criteria that follow. document. Proposal applications must proposed partnership staff. In general, Reviewers will make recommendations be complete and in accordance with applications should clearly demonstrate to the NOAA Restoration Center instructions in the standard NOAA the broad-based benefits expected to Director regarding which proposals are Grants Application Package. Each habitats, and how these benefits will be suitable for further consideration. As application must include all specified achieved through partnership activities appropriate during this process, the sections as follows: cover sheet (an with the RC. Partnerships that NOAA Restoration Center will solicit applicant must use OMB Standard Form emphasize a singular restoration individual technical evaluations of each 424 as the cover sheet for each project); component, such as only outreach, proposed partnership and may consult budget detail (SF 424A and budget monitoring, or program coordination are with other NOAA offices, the NOAA justification narrative); grant assurances discouraged, as are applications that Grants Management Division, the U.S. SF424B and CD-511, and SF-LLL if propose partnerships to expand an Department of Commerce, the Regional
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Fishery Management Councils, other Applicants should consider this similar protection; (e) the ability to Federal and state agencies, such as state selection and processing time in advance the partnership and increase coastal management agencies and state developing requested start dates for awareness of the importance of habitat fish and wildlife agencies, and private proposed partnership activities. restoration; and (f) the ability to provide and public sector restoration experts assurance that projects implemented XV. Evaluation Criteria who have knowledge of a specific through sub-awards will meet all applicant, program or its subject matter. Reviewers will assign scores to Federal and state environmental laws Applications for proposed proposals ranging from 0 (unacceptable) and obtain applicable permits and partnerships will be evaluated by to 100 (excellent) points based on the consultations. individual technical reviewers following five evaluation criteria and according to the criteria and weights respective weights: (4) Ability to Engage Communities in described in this solicitation. The Habitat Restoration (20 percent) (1) Potential of the Partnership to proposals will be rated, and reviewer’s Benefit Living Marine Resources (20 Proposals will be evaluated on the comments will be presented to the percent) suitability of proposed actions to Director of the NOAA Restoration Proposals will be evaluated on (a) the involve citizens and broaden their Center. The Director, in consultation participation in habitat restoration with Program staff, may take into national or regional extent of proposed projects. Proposals must include account the following program habitat restoration activities and (b) the information on how the selection of priorities: (a) Diversity of geographic types of habitats that will be restored projects under the partnership with location and habitat types to be restored; under the partnership. In particular, NOAA will promote significant (b) diversity of applicants; (c) degree of NOAA will evaluate proposals based on community involvement in fisheries duplication of proposed partnership the potential of the applicant and habitat restoration and stewardship. activities with other partnerships that proposed magnitude of the partnership Community participation may include: are currently in effect or approved for to restore, protect, conserve, and (a) hands-on training and restoration funding by NOAA and other Federal enhance habitats and ecosystems vital to activities undertaken by volunteers; (b) agencies; (d) factors that may not be self-sustaining populations of living known by technical reviewers that marine resources under NOAA Fisheries sponsorship from local entities, either would affect achievement of the CRP’s stewardship. through in-kind goods and services objectives as described in this (earth moving, technical expertise, (2) Partner Strengths and Experience (20 conservation easements) or cash announcement and the Program percent) Guidelines (65 FR 16890, March 30, contributions; (c) public education and 2000); and (e) the availability of funds. The applicant should demonstrate its outreach; (d) support from state and Partnership offers may not be extended abilities to effectively and efficiently local governments; and (e) ability to to all applicants that score well. The manage a significant number of projects achieve long-term stewardship for Director, in consultation with Program simultaneously. Applicants will be restored resources and to generate a staff, will select the partnerships to be evaluated on the qualifications, past community conservation ethic. established with the NOAA Restoration experience, and potential of the project (5) Cost-effectiveness and Budget Center and determine the amount of partners to effectively identify, develop, Justification (20 percent) funds available for each approved select, manage and oversee all project partnership. phases, particularly financial and Proposals will be evaluated on: (a) the Applicants may be asked to modify administrative management of sub- percentage of funds that will be objectives, work plans, or budgets prior awards, and the ability to ensure dedicated to all phases of restoration to final approval of an award. The exact scientifically-based monitoring is project implementation including amount of funds to be awarded, the final implemented on individual projects physical, on-the-ground restoration scope of activities, the partnership funded through sub-awards. compared to the percentage that is for duration, and specific NOAA (3) Adequacy of Partnership Plan (20 administration and overhead to be used cooperative involvement with the percent) by the partner; (b) the overall leverage activities proposed under selected of NOAA funds anticipated, including partnerships will be determined in pre- The partnership plan will be the amount of cash match; (c) the ability award negotiations among the applicant, evaluated on: (a) the adequacy of to which the partnership and projects the NOAA Grants Office, and the NOAA proposed strategies for coordination selected are likely to catalyze future Program staff. Partnership activities with NOAA in all phases of project restoration and protection of living should not be initiated in expectation of selection, design, implementation and marine resources; and (d) the ability of Federal funding until a notice of award monitoring; (b) the degree to which the the applicant organization to document is received from the NOAA selection process is competitive, and demonstrate that a significant benefit Grants Office. ensures that sub-awards are made will be generated for a reasonable cost. Successful applicants will be selected according to technical evaluations and NOAA will expect cost-sharing to to establish habitat restoration identified weighting factors consistent leverage funding and to further partnerships with the RC beginning with NOAA priorities; (c) the ability of encourage partnerships among March 26, 2001, and each month the partner to foster restoration government, industry, and academia. thereafter until the close of this activities under the partnership that will solicitation. Notification of approved be consistent with regional or XVI. Other Requirements partnership status will take place community planning processes, or other Federal Policies and Procedures approximately 60 days after the stakeholder mechanisms used to cooperative agreement application is prioritize projects; (d) the degree to Recipients and subrecipients are forwarded to the NOAA Grants which projects selected for sub-awards subject to all Federal laws and Federal Management Division, when all NOAA/ are expected to have long-lasting results and DOC policies, regulations, and applicant negotiations of cooperative that will be sustained into the future procedures application to Federal activities have been completed. through conservation easements or financial assistance awards.
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Past Performance 1. Nonprocurement debarment and American-made Equipment and Any first-time applicant for Federal suspension. Prospective participants (as Products grant funds under this announcement is defined at 15 CFR 26.105) are subject to Applicants are hereby notified that subject to a pre-award accounting 15 CFR part 26, ‘‘Nonprocurement they are encouraged, to the extent survey prior to execution of the award. Debarment and Suspension,’’ and the feasible, to purchase American-made Unsatisfactory performance under prior related section of the certification form equipment and products with funding Federal awards may result in an prescribed earlier applies; provided under this program. application not being considered for 2. Drug-free workplace. Grantees (as funding. defined at 15 CFR 26.605) are subject to Classification 15 CFR 26, subpart F, ‘‘Government- Prior notice and an opportunity for Pre-award Activities wide Requirements for Drug-Free public comments are not required by the If applicants incur any costs prior to Workplace (Grants),’’ and the related Administrative Procedure Act or by any an award being made, they do so solely section of the certification form other law for this notice concerning at their own risk of not being prescribed earlier applies; also please grants, benefits, and contracts. reimbursed by the Government. enter the Principal Place of Furthermore, a regulatory flexibility Notwithstanding any verbal or written Performance, that is, where the work analysis is not required for the purposes assurance that they may have received, will be done. of the Regulatory Flexibility Act. there is no obligation on the part of 3. Anti-Lobbying. Persons (as defined This action has been determined to be NOAA to cover pre-award costs. at 15 CFR 28.105) are subject to the ‘‘not significant’’ for purposes of lobbying provision of 31 U.S.C. 1352, No Obligation of Future Funding Executive Order 12866. ‘‘Limitation on use of appropriated Notwithstanding any other provision If an application is selected for funds to influence certain Federal of the law, no person is required to funding, NOAA has no obligation to contracting and financial transactions,’’ respond to, nor shall any person be provide additional future funding in and the lobbying section of the subject to a penalty for failure to comply connection with the award. Renewal of certification form prescribed above with, a collection of information subject an award to increase funding or extend applies to applications/bids for grants, to the requirements of the Paperwork the period of performance is at the total cooperative agreements, contracts for Reduction Act unless that collection discretion of the Restoration Center more than $100,000, and loans and loan displays a currently valid OMB control Director. guarantees for more than $150,000. number. Delinquent Federal Debts 4. Anti-Lobbying disclosures. Any This notice contains collection-of- applicant who has paid or will pay for information requirements subject to the No award of Federal funds shall be lobbying using any funds must submit Paperwork Reduction Act. The use of made to an applicant or to its a Form SF-LLL, ‘‘Disclosure Form to Standard Forms 424, 424A, 424B and subrecipients who have any outstanding Report Lobbying,’’ as required under 15 SF-LLL have been approved by OMB delinquent Federal debt or fine until: 1. The delinquent account is paid in CFR part 28, appendix B. under the respective control numbers 0348-0043, 0348-0044, 0348-0040, and full; Lower Tier Certifications 2. A negotiated repayment schedule is 0348-0046. established, and at least one payment is Recipients shall require applicants/ Dated: February 5, 2001. bidders for subgrants, contracts, received; or William T. Hogarth, 3. Other arrangements are made that subcontracts, or other lower tier covered transactions at any tier under the award Acting Assistant Administrator for Fisheries, are satisfactory to the Department of National Marine Fisheries Service. Commerce. to submit, if applicable, a completed Form CD-512, ‘‘Certifications Regarding [FR Doc. 01–3390 Filed 2–8–01; 8:45 am] Name Check Review Debarment, Suspension, Ineligibility BILLING CODE 3510–22–S All non-profit and for-profit and Voluntary Exclusion-Lower Tier applicants are subject to a name check Covered Transactions and Lobbying’’ review process. Name checks are and disclosure Form SF-LLL CONSUMER PRODUCT SAFETY intended to reveal whether key ‘‘Disclosure of Lobbying Activities.’’ COMMISSION individuals associated with the Form CD-512 is intended for the use of [CPSC Docket No. 01–C0004] applying organization have been recipients and should not be transmitted convicted of, or are presently facing, to DOC. An SF-LLL submitted by any Hanro, USA, Inc., a Corporation, criminal charges such as fraud, theft, tier recipient or subrecipient should be Provisional Acceptance of a perjury, or other matters that submitted to DOC in accordance with Settlement Agreement and Order significantly reflect on the applicant’s the instructions contained in the award management, honesty, or financial document. AGENCY: Consumer Product Safety Commission. integrity. Potential non-profit and for- False Statements profit recipients may also be subject to ACTION: Notice. reviews of Dun and Bradstreet data or A false statement on the application is other similar credit checks. grounds for denial or termination of SUMMARY: It is the policy of the funds and grounds for possible Commission to publish settlements Primary Applicant Certifications punishment by a fine or imprisonment which it provisionally accepts under the All primary applicants must submit a as provided in 18 U.S.C. 1001. Consumer Product Safety Act in the completed Form CD 511, ‘‘Certifications Federal Register in accordance with the Intergovernmental Review Regarding Debarment, Suspension and terms of 16 CFR 1118.20(f). Published Other Responsibility Matters; Drug-Free Applications under this program are below is a provisionally-accepted Workplace Requirements and subject to the provisions of Executive Settlement Agreement with Hanro, Lobbying.’’ The following explanations Order 12372, ‘‘Intergovernmental USA, Inc., a corporation, containing a are hereby provided: Review of Federal Programs.’’ civil penalty of $150,000.
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DATES: Any Interested person may ask 5. In September and October of 1998, paragraphs 4 and 9 above that violated the Commission not to accept this Respondent imported into the United the Clothing Standard, as the term agreement or otherwise comment on its States 1,261 of these fleece robes. ‘‘knowingly’’ is defined in section contents by filing a written request with 6. These fleece robes were subject to 5(e)(4) of the FFA, 15 U.S.C. 1194(e)(4), the Office of the Secretary by February the Standard for the Flammability of in violation of section 3 of the FFA, 15 26, 2001. Clothing Textiles (hereinafter, ‘‘Clothing U.S.C. 1192. A knowing violation of this ADDRESSES: Persons wishing to Standard’’), 16 CFR part 1610, issued provision subjects Respondent to civil comment on this Settlement Agreement under section 4 of the Flammable penalties under section 5(e)(1) of the should send written comments to the Fabrics Act (FFA). FFA, 15 U.S.C. 1194(e)(1). 7. Neither before importation, nor Comment 01–C0004, Office of the before sale of these fleece robes, did B. Violations of the Consumer Product Secretary, Consumer Product Safety Respondent verify whether they Safety Act Commission, Washington, DC 20207. complied with the requirements of the 18. The allegations contained in FOR FURTHER INFORMATION CONTACT: Clothing Standard. paragraphs 4 through 17 above are Dennis C. Kacoyanis, Trial Attorney, 8. Respondent sold these fleece robes realleged. Office of Compliance and Enforcement, to its retail customers from September 19. Respondent’s fleece robes are Consumer Product Safety Commission, 1998 through December 1998. ‘‘consumer products’’ and Respondent Washington, D.C. 20207; telephone 9. In 1999, HANRO of Switzerland is an ‘‘importer’’ and therefore, a (301) 504–0626, 1346. manufactured Ladies’ Fleece Robes, ‘‘manufacturer’’ of ‘‘consumer products’’ SUPPLEMENTARY INFORMATION: The text of style numbers 6314 and 6315 made from which are ‘‘distributed in commerce’’ as the Agreement and Order appears essentially the same fleece fabric as the those terms are defined in sections below. fleece robes identified in paragraph 4 3(a)(1), (4), and (11) of the CPSA, 15 above. Dated: February 6, 2001. U.S.C. 2052(a)(1), (4), and (11). 10. On or about September 15, 1999, 20. Section 15(b) of the CPSA, 15 Sadye E. Dunn, Respondent received flammability test Secretary. U.S.C. 2064(b) requires every results for the fleece robes identified in manufacturer of a consumer product Settlement Agreement and Order paragraph 9 above. The test results distributed in commerce, who obtains showed that these fleece robes were information which reasonably supports 1. This Settlement Agreement and dangerously flammable and unsuitable Order, entered into between HANRO the conclusion that such product for clothing because of their rapid and contains a defect which could create a USA, INC. (hereinafter, ‘‘HANRO USA’’ intense burning and, therefore, violated or ‘‘Respondent’’), a corporation, and substantial product hazard or creates an the Clothing Standard. unreasonable risk of serious injury or the staff of the Consumer Product Safety 11. Between October 22, 1999 and death to immediately inform the Commission (hereinafter, ‘‘staff’’), November 3, 1999, Respondent Commission of such defect, or of such pursuant to the procedures set forth in imported into the United States 870 of risk. 16 C.F.R. 1118.20, is a compromise the fleece robes identified in paragraph resolution of the matter described 9 and 10 above. 21. Respondent knew or should have herein, without a hearing or 12. Between October 28, 1999 and known that the fleece robes identified in determination of issues of law and fact. November 13, 1999, Respondent sold paragraphs 4 and 9 above contained a the fleece robes identified in paragraphs defect which could create a substantial I. The Parties 9 and 11 above to its retail customers. product hazard or created an 2. The ‘‘staff’’ is the staff of the 13. On December 5, 1999, Respondent unreasonable risk of serious injury or Consumer Product Safety Commission received an incident report involving an death. These fleece robes were highly (hereinafter, ‘‘Commission’’), and accidental ignition of one of these fleece flammable and were likely to cause independent federal regulatory robes. According to the report, the severe burn injuries or death and, commission of the United States victim wore the rob while making tea, therefore, violated the Clothing government established pursuant to the sleeve caught fire, and the victim Standard. Respondent did not section 4 of the Consumer Product received burns to her hair and wrenched immediately notify the Commission of Safety Act (CPSA), as amended, 15 her back while removing the flaming the risk presented by these fleece robes. U.S.C. 2053. robe. 22. Only after receiving a report of a fire incident caused by one of these 3. Respondent HANRO USA, INC. is 14. On December 7, 1999, Respondent fleece robes, did Respondent notify the a wholly owned subsidiary of HANRO reported the incident to the Commission pursuant to section 15(b) of A.G. (hereinafter, ‘‘HANRO of Commission. the CPSA, id. Switzerland’’), a Swiss corporation 15. After reporting the incident to the located in Liestal, Switzerland. HANRO Commission, Respondent admitted its 23. Respondent knowingly failed to USA is located at 40 East 34th Street, 1998 importation and sale of the fleece file a timely report under section 15(b) Suite 207, New York, NY 10016. robes identified in paragraph 4 above. of the CPSA, id, as the term HANRO USA is an importer and 16. In January 2000, Respondent ‘‘knowingly’’ is defined in section 20(d) wholesaler of women’s and men’s conducted flammability testing for the of the CPSA, 15 U.S.C. 2069(d), in underwear and robes. first time on the fleece robes imported violation of section 19(a)(4) of the in 1998. The test results showed that CPSA, 15 U.S.C. 2068(a)(4). A knowing II. Allegations of the Staff those fleece robes were dangerously violation of this provision subjects A. Violations of the Flammable Fabrics flammable and unsuitable for clothing Respondent to civil penalties under Act because of their rapid and intense section 20 of the CPSA, 15 U.S.C. 2069. burning and, therefore, violated the III. Response of Respondent 4. In 1998, HANRO of Switzerland Clothing Standard. manufactured Ladies’ Fleece Robes, 17. Respondent knowingly imported 24. Respondent denies the staff’s style number 6812, 6813, and 6814, into the United States and sold in allegations set forth in paragraphs 4 90% cotton/10% polyester fleece fabric. commerce the fleece robes identified in through 23 above.
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25. Respondent denies that it as alleged, (4) to a statement of findings and Order, Respondent Hanro USA, Inc. knowingly violated either the of facts and conclusions of law, and (5) shall pay to the United States Treasury Flammable Fabrics Act or the Consumer to any claims under the Equal Access to a civil penalty in the amount of ONE Product Safety Act. Justice Act. HUNDRED FIFTY THOUSAND AND 26. On its own initiative, Respondent 31. In settlement of the staff’s 00/100 DOLLARS ($150,000.00) in three reported the incident that is the basis of allegations, Respondent agrees to pay a (3) payments of FIFTY THOUSAND these proceedings, and, beginning on $150,000.00 civil penalty as set forth in AND 00/100 DOLLARS ($50,000.00) December 8, 1999, voluntarily the attached Order incorporated herein each. The first payment of FIFTY undertook a recall of Ladies’ Fleece by reference. Robes, style numbers 6314 and 6315. 32. The Commission may publicize THOUSAND AND 00/100 DOLLARS Beginning on January 7, 2000, the terms of this Settlement Agreement ($50,000.00) shall be paid within twenty Respondent voluntarily initiated a recall and Order. (20) days after service of the Final Order of Ladies’ Fleece Robes, style numbers 33. Upon final acceptance by the of the Commission (hereinafter, ‘‘the 6812, 6813, and 6814. Respondent Commission of this Settlement anniversary date’’). The second payment voluntarily offered a substantial gift Agreement and Order, the Commission of FIFTY THOUSAND AND 00/100 certificate to consumers to encourage shall issue the attached Order. DOLLARS ($50,000.00) shall be paid returns, voluntarily undertook a second 34. A violation of the attached Order within nine (9) months of the round of retailer notices when the initial shall subject Respondent to appropriate anniversary date. The third payment term of the recalls expired, voluntarily legal action. shall be paid within eighteen (18) 35. Agreements, understandings, extended the term of its recalls and months of the anniversary date. Upon representations, or interpretations made consumer incentives through December the failure of Respondent Hanro USA, outside this Settlement Agreement and 31, 2000, and voluntarily destroyed or Inc. to make a payment or upon the Order may not be used to vary or identified for destruction virtually all contradict its terms. making of a late payment by Respondent the robes returned under the recall. 36. The provisions of this Settlement Hanro USA, Inc. (a) the entire amount IV. Agreement of the Parties Agreement and Order shall apply to, of the civil penalty shall be due and payable, and (b) interest on the 27. The Commission has jurisdiction and be binding upon, Respondent and outstanding balance shall accrue and be over Respondent and the subject matter each of its shareholders, officers, paid at the federal legal rate of interest of this Settlement Agreement and Order directors, employees, agents, successors, under the Consumer Product Safety Act assigns, and representatives, directly or under the provisions of 28 U.S.C. (CPSA), 15 U.S.C. 2051 et seq.; the through any corporation, subsidiary, §§ 1961(a) and (b). Flammable Fabrics Act (FFA), 15 U.S.C. division, or other business entity, or Provisionally accepted and 1191 et seq.; and the Federal Trade through any agency, device, or provisional Order issued on the 6th day Commission Act (FTCA), 15 U.S.C. 41 et instrumentality. of February, 2001. seq. Respondent Hanro USA, Inc. By Order of the Commission. 28. This Agreement is entered into for Dated: December 26, 2000. settlement purposes only and does not Niki Sachs, Sadye E. Dunn, constitute an admission by Respondent President and Chief Executive Officer, Hanro Secretary, Consumer Product Safety or a determination by the Commission USA, Inc., 40 East 34th Street, New York, Commission. that Respondent knowingly violated the NY 10016. [FR Doc. 01–3408 Filed 2–8–01; 8:45 am] FFA’s Clothing Standard and/or the Commission Staff BILLING CODE 6355–01–M CPSA’s Reporting Requirement. Alan H. Schoem, 29. Upon provisional acceptance of Assistant Executive Director, Consumer this Settlement Agreement and Order by Product Safety Commission, Office of the Commission, this Settlement Compliance, Washington, DC 20207–0001. DEPARTMENT OF DEFENSE Agreement and Order shall be placed on Eric L. Stone, the public record and shall be published Director, Legal Division, Office of Department of the Air Force in the Federal Register in accordance Compliance. with the procedures set forth in 16 CFR Dated: January 3, 2001. Proposed Collection; Common 1118.20(f). If the Commission does not Dennis C. Kacoyanis, Request Trial Attorney, Legal Division, Office of receive any written request not to accept Compliance. the Settlement Agreement and Order AGENCY: Department of the Air Force, within 15 days, the Settlement Order DoD. Agreement and Order will be deemed to Upon consideration of the Settlement ACTION: Notice. be finally accepted on the 16th day after Agreement entered into between the date it is published in the Federal Respondent Hanro USA, Inc. In compliance with Section Register. (hereinafter, ‘‘Respondent’’), a 3506(c)(2)(A) of the Paperwork 30. Upon final acceptance of this corporation, and the staff of the Settlement Agreement by the Reduction Act of 1995, the Department Consumer Product Safety Commission of the Air Force announces the Commission and issuance of the Final (‘‘Commission’’); and the Commission Order, Respondent knowingly, proposed reinstatement of a public having jurisdiction over the subject information collection and seeks public voluntarily, and completely waives any matter and Respondent; and it comment on the provisions thereof. rights it may have in this matter (1) to appearing that the Settlement Comments are invited on: (a) Whether an administrative or judicial hearing, (2) Agreement and Order is in the public the proposed collection of information to judicial review or other challenges or interest, IT IS contest of the validity of the Ordered, that the Settlement is necessary for the proper performance Commission’s actions, (3) to a Agreement be and hereby is accepted, of the functions of the agency, including determination by the Commission as to and it is whether the information shall have whether Respondent failed to comply Further Ordered, that upon final practical utility; (b) the accuracy of the with the FFA, as alleged, or the CPSA, acceptance of the Settlement Agreement agency’s estimate of the burden of the
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proposed information collection; and (c) DEPARTMENT OF DEFENSE electromagnetic, smoke and light ways to minimize the burden of the emissions. The Army will impose deed information collection on respondents, Department of the Army restrictions or other requirements to including through the use of automated ensure safety and protection of human collection techniques or other forms of Record of Decision (ROD) of the Final health and the environment. information technology. Environmental Impact Statement The Army has taken all practicable (FEIS) on the Disposal and Reuse of DATES: Consideration will be given to all measures to avoid or minimize the Stratford Army Engine Plant environmental harm associated with its comments received by April 10, 2001. (SAEP), Stratford, CT ADDRESSES: Written comments and preferred alternative of encumbered recommendations on the proposed AGENCY: Department of the Army, DoD. property disposal. Mitigation measures information collection should be sent to ACTION: Notice of availability. for reuse activities are identified in the AFSPC CSS/SCFB, 150 Vandenberg St, FEIS. SUMMARY: Suite 1105, ATTN: SMSgt Jack The Department of the Army Dated: February 5, 2001. announced the availability of the ROD Kretchek, Peterson AFB, CO 80914– Raymond J. Fatz, of the FEIS on the Disposal and Reuse 4730. Deputy Assistant Secretary of the Army of the Stratford Army Engine Plant, in FOR FURTHER INFORMATION CONTACT: To (Environment, Safety and Occupational accordance with the Defense Base Health) OASA(I&E). request more information on this Closure and Realignment Act of 1990, [FR Doc. 01–3330 Filed 2–8–01; 8:45 am] proposed information collection or to Public Law 101–510, as amended. BILLING CODE 3710–08–M obtain a copy of the proposal and ADDRESSES: A copy of the ROD may be associated collection instruments, obtained by writing to Mrs. Shirley please write to the above address, or call Vance, U.S. Army Materiel Command, DEPARTMENT OF DEFENSE AFSPC CSS Force Application and ATTN: AMCQMA, 5001 Eisenhower Sustainment, (719) 554–4057. Avenue, Alexandria, VA 22333–0001. Department of the Army Title, Associated Form, and OMB Copies of the FEIS may be obtained by Number: Intercontinental Ballistic writing to Mr. Joe Hand, Corps of Army Science Board; Notice of Open Missile Hardened Intersite Cable Right- Engineers, Mobile District, ATTN: PD– Meeting of-Way Landowner/Tenant EC, P.O. Box 2288, Mobile, AL 36628– In accordance with Section 10(a)(2) of Questionnaire, AF Form 3951, OMB 0001. Number 0701–0141. the Federal Advisory Committee Act FOR FURTHER INFORMATION CONTACT: Mrs. Needs and Uses: The information (P.L. 92–463), announcement is made of Shirley Vance by facsimile at (703) 617– collection requirement is used to report the following Committee Meeting: 6447. changes in ownership/lease Name of Committee: Army Science Board information, conditions of missile cable SUPPLEMENTARY INFORMATION: In the (ASB). route and associated appurtenances, and ROD, the Army concludes that the FEIS Date of Meeting: 13 February 2001. projected building/excavation projects. adequately addresses the impacts of Time of Meeting: 0830–1700. The information collected is used to property disposal and documents its Place: 11th floor Conf. Room, Presidential decision to transfer the property as Towers, Crystal City, Virginia. ensure system integrity and to maintain Agenda: The Army Science Board’s (ASB) a close contact public relations program encumbered. The ROD concludes that approximately 71 of the 75-acre SAEP Ad Hoc Study on ‘‘Adapting Future Wireless with involved personnel and agencies. Technologies’’ will have their kickoff Affected Public: Individuals or property will be conveyed subject to meeting to outline study goals, breakout into households; Farms. restrictions, identified in the FEIS, that specific panels, and schedule meetings. Number of Respondents: 4,000. relate to the following: asbestos- There will be NO outside briefings at this Responses per Respondent: 1. containing material, an easement for kickoff meeting. If you require additional Average Burden per Response: 15 avigation, an easement for public access, information or have any questions, please Minutes. other easements and rights-of-way, call Mr. Jeff Ozimek, the Study Staff Frequency: Biennially. floodplains, a groundwater use Assistant on (732) 532–5496. SUPPLEMENTARY INFORMATION: prohibition, historic resources, land use Wayne Joyner, restrictions, lead-based paint, remedial Program Support Specialist, Army Science Summary of Information Collection actions, and wetlands. The Army’s Board. Respondents are landowners/tenants. intent under the ROD is to transfer [FR Doc. 01–3327 Filed 2–8–01; 8:45 am] This form collects updated landowner/ approximately 71 acres to the SAEP BILLING CODE 3710–08–M tenant information as well as data on Local Reuse Authority (LRA). The Army local property conditions which could may subsequently decide to transfer adversely affect the Hardened Intersite approximately 4 acres of the SAEP DEPARTMENT OF ENERGY Cable System (HICS) such as soil property to the City of Bridgeport for erosion, projected/building projects, airport purposes. If the City of Federal Energy Regulatory excavation plans, etc. This information Bridgeport is unable to acquire the Commission also aids in notifying landowners/ necessary permits and approvals for their proposed activity on the [Docket Nos. CP01–76–000, CP01–77–000, tenants when HICS preventive or and RP01–217–000] corrective maintenance becomes approximately 4-acre parcel within a necessary to ensure uninterrupted reasonable period of time after the Cove Point LNG Limited Partnership; Intercontinental Ballistic Missile conveyance of the property to the SAEP Notice of Application and Notice of command and control capability. LRA, the Army will, consistent with its Rate Settlement disposal authorities, convey the 4-acre Janet A. Long, parcel to the SAEP LRA. Approximately February 5, 2001. Air Force Federal Register Liaison Officer. 5 acres of the total acreage being Take notice that on January 30, 2001, [FR Doc. 01–3376 Filed 2–8–01; 8:45am] transferred to the LRA will have Cove Point LNG Limited Partnership BILLING CODE 5001–05–U avigation restrictions for height and (Cove Point), P.O. Box 1396, Houston,
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Texas 77251, filed applications reactivate, repair or replace the monthly reservation fee based upon its pursuant to Section 7(c) [Docket No. following existing facilities: Maximum Daily Delivery Quantity CP01–76–000] and Section 3(a) [Docket Refurbishment/Replacement of (MDDQ). The total available MDDQ No. CP01–77–000] of the Natural Gas unloading arms; offered by Cove Point in its open season Act (NGA) seeking approval to construct Refurbishment of offshore control was 750,000 Dth per day, and the three certain new facilities, and to reactivate building; winning bidders were awarded the and operate certain existing facilities at Refurbishment/upgrade of hazard entire available delivery quantity, each Cove Point’s liquefied natural gas (LNG) detectors; Refurbishment/upgrade of fire detectors; receiving 250,000 Dth per day. Cove terminal located in Calvert County, Point states that the customers are Maryland. Cove Point proposes to Refurbishment/upgrade of electrical allocated LNG storage capacity based on provide open access LNG tanker storage systems; fixed ratio of storage capacity to services to customers with waterborne Refurbishment/upgrade of offshore fire supplies of LNG. Cove Point also filed water systems; contracted MDDQ. Refurbishment/upgrade of second stage in Docket No. RP01–217–000, a Cove Point currently provides 10-day, send out pumps; 5-day and 3-day firm LNG peaking Stipulation and Agreement (Rate Refurbishment of cold blowers; Settlement) pursuant to Rule 602 of the Refurbishment of insulator systems; services under Rate Schedules FPS–1, Commission’s Rules (18 CFR 385.602) Upgrade and expand office buildings; FPS–2, and FPS–3, respectively, and which was reached among itself, certain Refurbishment of fuel gas system and firm and interruptible transportation existing LNG peaking and transportation heaters; services under Rate Schedules FTS and customers, and the new proposed Upgrade fire protection on all LNG ITS. The peaking services now consist waterborne LNG customers. The Rate storage tanks; and of the receipt and liquefaction of Settlement would set initial rates for Refurbishment of vaporizers (including domestic natural gas during a summer proposed new customers pursuant to the replacement of tube bundles). injection season (April 16–December Section 7(c) of the NGA, and would Cove Point is also seeking a certificate 14), storage of the LNG, vaporization of change existing rates for existing to construct the following new facilities: the LNG and delivery of the natural gas customers pursuant to Section 4 of the Installation of a fifth new 850,000-barrel during a winter withdrawal season NGA. Take notice of the special Rule LNG storage tank (2,800,000 Dth (December 15–April 15). 602 comment procedures in this case, as vapor equivalent); set forth below. Installation of Btu reduction facility; After approval of the waterborne LNG The filing may be viewed at http:// and reactivation and the firm and www.ferc.fed.us/online/rims.htm (call Installation of a Cove Point metering interruptible LNG tanker services under 202–208–2222 for assistance). Questions station. proposed new Rate Schedules LTD–1 regarding the details of this proposed Cove Point states that the proposed and LTD–2, Cove Point will continue to project and Rate Settlement should be reactivation of the LNG terminalling provide 3-day, 5-day and 10-day directed to Virginia C. Levenback, operation is estimated to cost about $65 peaking services to its peaking Senior Counsel, Cove Point LNG million, and the construction of the fifth customers under existing Rate Limited Partnership and Williams Cove storage tank is estimated to cost about Schedules FPS–1, FPS–2 and FPS–3. Point LNG Company, L.L.C., P.O. Box $38 million. With the commencement of waterborne 1396, Houston, Texas 77251–1396; Cove Point seeks approval to provide LNG receipts, however, Cove Point will Telephone: (713) 215–2810. operate its facilities on an integrated In the late 1970’s and through 1980, the LNG tanker services on a firm and basis, which will enable Cove Point to the LNG facilities now owned by Cove interruptible basis pursuant to Part 284 Point were used for waterborne, of the Commission’s regulations and serve existing peaking and imported LNG, but LNG imports ceased under proposed new Rate Schedules transportation customers at lower rates and the facilities were ‘‘mothballed’’. In LTD–1 and LTD–2, respectively. Cove due to the expected discontinued 1994, Cove Point was authorized by the Point proposes to offer open-access, operation of its LNG liquefaction Commission to reactivate the non-discriminatory LNG tanker services, facilities. Those reduced rates will be mothballed onshore LNG facilities and which would include the receipt of placed into effect upon the to construct an LNG liquefaction unit waterborne LNG, LNG storage, LNG commencement of the proposed LNG for the purpose of storing domestic vaporization, and pipeline tanker services pursuant to the terms of natural gas during the summer for use transportation of vaporized LNG into a Stipulation and Agreement (Rate at peak times during the winter. Now the interstate pipeline grid through Cove Settlement) among Cove Point, certain Cove Point seeks to reactivate the Point’s pipeline’s existing of the existing peaking and offshore LNG facilities and build interconnections with Dominion transportation customers and three new additional onshore facilities in order to Transmission Inc., and Columbia Gas LNG tanker services customers, all as provide waterborne LNG tanker services Transmission Company in Loudoun identified in the Rate Settlement. The once again. These waterborne shipments County, Virginia. Rate Settlement is submitted pursuant of LNG will in all likelihood be Cove Point says that it had an open to Rule 602 of the Commission’s Rules season in early 2000 to offer LNG tanker imported, but the importation of LNG, of Practice and Procedure (18 CFR services and as a result it executed per se, is subject to the jurisdiction of 385.602). the Department of Energy under Section binding precedent agreements for one Cove Point states that the Rate 3 of the NGA (10 CFR 590). hundred percent (100%) of the firm Cove Point requests Commission LNG tanker services that was offered at Settlement resolves certain non- approval to repair, improve, upgrade, or the maximum rate and for twenty year environmental issues related to this replace various existing unloading, primary terms with three customers. application, including agreed-upon rates control, LNG flow, vaporization, and The three customers are BP Energy for both LNG tanker services, peaking safety systems. Cove Point is seeking a Company, Shell NA LNG, Inc., and El services, and transportation services. certificate under Section 7(a) of the Paso Merchant Energy, L.P. Cove Point The Rate Settlement addresses how NGA, and Part 157 of the Commission’s states that a firm LNG tanker services Cove Point’s existing and proposed regulations, (18 CFR Part 157) to customer will contract for and pay a tanker discharge, storage and
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transportation capacity and the costs the placed on the service list maintained by any appropriate answers to motions to facilities that create such capacity will the Secretary of the Commission and intervene or other motions must be filed be allocated between its existing and will receive copies of all documents in accordance with the requirements of new customers. The specific rates for filed by the applicant and by all other the Commission’s Rules of Practice and new and existing customers proposed in parties. A party must submit 14 copies Procedure (18 CFR 385.213). the Rate Settlement are listed as an of filings made with the Commission The Commission may issue a appendix to the Rate Settlement (Exhibit and must mail a copy to the applicant preliminary determination on non- U of Cove Point’s application), and in and to every other party in the environmental issues prior to the Exhibit P of Cove Point’s application. proceeding. Only parties to the completion of its review of the The Rate Settlement also allows for proceeding can ask for court review of environmental aspects of the project. inclusion of the costs of for certain Commission orders in the proceeding. This preliminary determination pipeline line enhancements listed as an However, a person does not have to typically considers such issues as the appendix to the Rate Settlement, intervene in order to have its comments need for the project and its economic including the planned construction of considered. The second way to effect on existing customers of the an interconnection with participate is by filing with the applicant, on other pipelines in the area, Transcontinental Gas Pipe Line Secretary of the Commission, as soon as and on landowners and communities. Corporation in Fairfax County, Virginia. possible, an original and two copies of For example, the Commission considers Cove Point’s application also includes comments in support of or in opposition the extent to which the applicant may a pro forma copy of the revised FERC to this project. The Commission will need to exercise eminent domain to Gas Tariff under which Cove Point will consider these comments in obtain rights-of-way for the proposed provide firm and interruptible LNG determining the appropriate action to be project and balances that against the tanker services on an open access basis taken, but the filing of a comment alone non-environmental benefits to be and the continuance of its LNG peaking will not serve to make the filer a party provided by the project. Therefore, if a and transportation services. The to the proceeding. The Commission’s person has comments on community proposed pro forma tariff includes new rules require that persons filing and landowner impacts from this rate schedules for firm and interruptible comments in opposition to the project proposal, it is important either to file LNG tanker discharging services, minor provide copies of their protests only to comments or to intervene as early in the conforming changes to the rate the party or parties directly involved in process as possible. schedules of existing services, changes the protest. Comments and protests may be filed to the General Terms and Conditions Persons who wish to comment only electronically via the Internet in lieu of and conforming changes to pro forma on the environmental review of this paper. See, 18 CFR 385.2001(a)(1)(iii) service agreements. Changes to Cove project should submit an original and and the instructions on the Point’s currently effective tariff sheets two copies of their comments to the Commission’s web site at http:// are reflected in the redlined version of Secretary of the Commission. www.ferc.fed.us/efi/doorbell.htm. the proposed tariff which is included in Environmental commenters will be If the Commission decides to set the Exhibit P of Cove Point’s application. placed on the Commission’s application for a formal hearing before In addition, Cove Point seeks environmental mailing list, will receive an Administrative Law Judge, the authorization to construct, site, and copies of the environmental documents, Commission will issue another notice modify the import facilities at the and will be notified of meetings describing that process. At the end of terminal in Calvert County, Maryland associated with the Commission’s the Commission’s review process, a under Section 3(a) of the NGA, and Part environmental review process. final Commission order approving or 153 of the Commission’s regulations, 18 Environmental commenters will not be denying the certificate and CFR Part 153. required to serve copies of filed authorization, and accepting or rejecting Cove Point requests that the documents on all other parties. the Rate Settlement will be issued. Commission issue a final order granting However, the non-party commenters the requested certificates, approvals and will not receive copies of all documents David P. Boergers, authorizations by July 25, 2001. Cove filed by other parties or issued by the Secretary. Point states that this proposed schedule Commission (except for the mailing of [FR Doc. 01–3349 Filed 2–8–01; 8:45 am] will enable it to refurbish and reactivate environmental documents issued by the BILLING CODE 6717–01–M the above listed LNG facilities by April Commission) and will not have the right 1, 2002, and to construct and place in to seek court review of the service the proposed fifth LNG storage Commission’s final order. DEPARTMENT OF ENERGY tank at the terminal by September 1, A third way to participate is to file 2003. initial and/or reply comments about the Federal Energy Regulatory There are three ways to become Rate Settlement under Rule 602 of the Commission involved in the Commission’s review of Commission’s Rules of Practice and [Docket No. EG01–39–000] this project. First, any person wishing to Procedure (18 CFR 385.602). However, obtain legal status by becoming a party in this case, because of the commonality Duke Energy McClain, L.L.C.; Notice of to the proceedings for this project of Cove Point’s requests in the above Amendment of Application for should, on or before February 27, 2001, referenced dockets, the prescribed time Commission Determination of Exempt file with the Federal Energy Regulatory for such initial and reply comments Wholesale Generator Status Commission, 888 First Street NE., under Section 385.602(f)(2) is hereby set Washington, DC 20426, a motion to such that initial comments on the Rate February 5, 2001. intervene in accordance with the Settlement must be filed with the Take notice that on January 18, 2001, requirements of the Commission’s Rules Secretary on or before February 27, Duke Energy McClain, LLC (Duke of Practice and Procedure (18 CFR 2001, and reply comments must be filed McClain), tendered for filing an 385.214 or 385.211) and the Regulations with the Secretary on or before March amendment with the Federal Energy under the NGA (18 CFR 157.10). A 14, 2001. The date of March 14, 2001, Regulatory Commission to its person obtaining party status will be should coincide with the date by which Application for Commission
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Determinations of Exempt Wholesale allow CAS to provide technical sections 5 and 8 of TSCA. Some of the Generator Status which was filed on assistance in developing and operating information may be claimed or December 1, 2000, in the above- the TSCA Chemical Substance determined to be CBI. referenced docket. Inventory. EPA is issuing this notice to inform Duke McClain requests that the FOR FURTHER INFORMATION CONTACT: For all submitters of information under reference to ‘‘gas storage’’ activities be general information contact: Barbara A. sections 5 and 8 of TSCA that EPA may stricken from its Application. Duke Cunningham, Acting Director, provide CAS access to these CBI McClain has also requested expedited Environmental Assistance Division materials on a need-to-know basis only. consideration of its Application as (7408), Office of Pollution Prevention All access to TSCA CBI under this modified. and Toxics, Environmental Protection contract will take place at EPA Any person desiring to be heard Agency, 1200 Pennsylvania Ave., NW., Headquarters and at CAS’ site located at concerning the application for exempt Washington, DC 20460; telephone 2540 Olentangy River Road, Columbus, wholesale generator status should file a number: (202) 554–1404; e-mail address: OH. motion to intervene or comments with [email protected]. CAS will be authorized access to the Federal Energy Regulatory TSCA CBI at EPA Headquarters and at SUPPLEMENTARY INFORMATION: Commission, 888 First Street, NE., CAS’ site located at 2540 Olentangy Washington, DC 20426, in accordance I. General Information River Road, Columbus, OH, in with Rules 211 and 214 of the Does this Notice Apply to Me? accordance with the EPA TSCA Commission’s Rules of Practice and Confidential Business Information Procedure (18 CFR 385.211 and This action is directed to the public Security Manual. 385.214). The Commission will limit its in general. This action may, however, be Clearance for access to TSCA CBI consideration of comments to those that of interest to ‘‘those persons who are or under this contract may continue until concern the adequacy or accuracy of the may be required to conduct testing of September 30, 2005. application. All such motions and chemical substances under the Toxic CAS personnel will be required to comments should be filed on or before Substances Control Act (TSCA).’’ Since sign nondisclosure agreements and will February 15, 2001, and must be served other entities may also be interested, the be briefed on appropriate security on the applicant. Any person wishing to Agency has not attempted to describe all procedures before they are permitted become a party must file a motion to the specific entities that may be affected access to TSCA CBI. intervene. Copies of this filing are on by this action. If you have any questions file with the Commission and are regarding the applicability of this action List of Subjects available for public inspection or on the to a particular entity, consult the Environmental protection, Access to internet at http://www.ferc.fed.us/ technical person listed under FOR confidential business information. online/rims.htm (please call (202) 208– FURTHER INFORMATION CONTACT. Dated: January 31, 2001. 2222 for assistance). II. How Can I Get Additional Linwood A. Watson, Jr., Information, Including Copies of this Deborah A. Williams, Acting Secretary. Document or Other Related Documents? Acting Director, Information Management [FR Doc. 01–3339 Filed 2–8–01; 8:45 am] You may obtain electronic copies of Division, Office of Pollution Prevention and BILLING CODE 6717–01–M this document, and certain other related Toxics. documents that might be available [FR Doc. 01–3383 Filed 2–8–01; 8:45 am] electronically, from the EPA Internet BILLING CODE 6560–50–S ENVIRONMENTAL PROTECTION Home Page at http://www.epa.gov/. To AGENCY access this document, on the Home Page select ‘‘Laws and Regulations,’’ ENVIRONMENTAL PROTECTION [OPPTS–140287; FRL–6769–6] ‘‘Regulations and Proposed Rules,’’ and AGENCY Access to Confidential Business then look up the entry for this document [ER–FRL–6615–4] Information by Chemical Abstract under the ‘‘Federal Register— Services Environmental Documents.’’ You can Environmental Impact Statements and also go directly to the Federal Register Regulations; Availability of EPA AGENCY: Environmental Protection listings at http://www.epa.gov/fedrgstr/. Comments Agency (EPA). III. What Action is the Agency Taking? ACTION: Notice. Availability of EPA comments Under contract number 68–W–00– prepared pursuant to the Environmental SUMMARY: EPA has authorized its 127, contractor CAS, of 2540 Olentangy Review Process (ERP), under Section contractor Chemical Abstract Services River Road, P.O. Box 3012, Columbus, 309 of the Clean Air Act and Section (CAS) of Columbus, Ohio access to OH, will assist the Office of Pollution 102(2)(c) of the National Environmental information which has been submitted Prevention and Toxics (OPPT) by Policy Act as amended. Requests for to EPA under sections 5 and 8 of the providing technical assistance in copies of EPA comments can be directed Toxic Substances Control Act (TSCA). developing and operating the TSCA to the Office of Federal Activities at Some of the information may be claimed Chemical Substance Inventory. (202) 564–7167. An explanation of the or determined to be confidential In accordance with 40 CFR 2.306(j), ratings assigned to draft environmental business information (CBI). EPA has determined that under EPA impact statements (EISs) was published DATES: Access to the confidential data contract number 68–W–00–127, CAS in FR dated April 14, 2000 (65 FR submitted to EPA under sections 5 and will require access to CBI submitted to 20157). 8 of TSCA occurred as a result of an EPA under sections 5 and 8 of TSCA to approved waiver dated September 29, perform successfully the duties Draft EISs 2000, which requested granting CAS specified under the contract. ERP No. D–BOP–F80001–ID Rating immediate access to sections 5 and 8 of CAS personnel will be given access to EC2, Terre Haute United States TSCA CBI. This waiver was necessary to information submitted to EPA under Penitentiary (USP), Proposal to
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Construct and Operate 960 Beds Final EISs Contact: Kerry Arneson (208) 769– Facilities along with a Special ERP No. F–COE–C39014–NJ, Raritan 3000. Confinement Unit of 100–120 Beds to Bay and Sandy Hook Bay, Hurricane EIS No. 010030, Final EIS, FHW, MD, Alleviating Overcrowding, Vigo County, and Storm Damage Reduction Project, US–301 Transportation Study, Terra Haute, ID. Flood Control and Storm Damage Improvements, from US–301 North of US–301/MD–5 Interchange at T.B. to Summary Protection, Port Monmouth, Middletown Township, Monmouth US 50 in Bowie, Northern Corridor Tier I, Prince George’s County, MD, EPA requested that BOP fully address: County, NJ. (1) the project’s purpose and need, (2) Due: March 12, 2001, Contact: Mary F. the cumulative impacts on the Summary Huie (410) 962–4342. combined sewer system, (3) provide an The Final EIS did not adequately EIS No. 010031, Draft EIS, FHW, MI, I– analysis of all future waste streams and address EPA’s concerns regarding the 96/Airport Area Access Study, the steps necessary to minimize the wetland mitigation proposal. EPA Transportation Improvements, environmental impacts of those waste recommended that the ROD include a Surrounding the Gerald R. Ford streams, and (4) clarify wetland permit commitment to prepare a detailed International Airport, Kent County, requirements with the ACOE. mitigation plan that addresses EPA’s MI, Due: March 26, 2001, Contact: ERP No. D–GSA–L81013–OR Rating concerns. James A. Kirschensteiner (517) 377– EC2, Eugene/Springfield New Federal ERP No. F–COE–E35084–NC, 1880. Courthouse, Construction, Lane County, Randleman Lake and Dam Project, EIS No. 010032, Draft EIS, AFS, NH, OR. Construction, Piedmont Triad Regional Loon Mountain Ski Resort Water Authority (PTRWA), Deep River, Development and Expansion Project, Summary Guilford and Randolph Counties, NC. Implementation, Special Use Permit, EPA expressed concerns regarding the White Mountain National Forest, Summary environmental costs associated with Pemgewasset Ranger District, Grafton Alternative 3. Alternative 2 seems to EPA requested that the Record of County, NH, Due: March 26, 2001, have the fewest constraints and the Decision include requirements for water Contact: Jay Strand (802) 767–4261. proposed action could potentially quality monitoring and fee transfer of EIS No. 010033, Draft EIS, AFS, MT, enhance the appeal and utility of the the Cone’s Folly site to an appropriate Maudlow-Toston Post-Fire Salvage area considerably over its current state or federal agency or land Sale, Harvesting Burnt Timber, condition. EPA requested that more conservancy organization. EPA also Implementation, Helena National information about the status of historic noted a preference for wetland Forest, Townsend Ranger District, facilities and site contamination be mitigation plans that use more natural Broadway County, MT, Due: March provided. stream restoration practices where 26, 2001, Contact: Joni Packard (406) practicable, and advised that created 266–3425. ERP No. D–JUS–G81009–TX Rating EIS No. 010034, Draft Supplement, LO, Immigration and Naturalization wetlands may not provide treatment areas for wastewater and stormwater. FAA, UT, Cal Black Memorial Airport Service (INS) Detention Facility Project, New and Updated Construction in the Houston Area, TX. Dated: February 6, 2001. Information for the Replacing of Halls Summary Joseph C. Montgomery, Crossing Airport, within the boundary Director, NEPA Compliance Division, Office of Glen Canyon National Recreation, EPA expressed no objections to the of Federal Activities. Halls Crossing, San Juan Counties, selection of the preferred alternative. [FR Doc. 01–3406 Filed 2–8–01; 8:45 am] UT, Due: March 30, 2001, Contact: ERP No. D–TVA–E06020–MS Rating BILLING CODE 6560–50–P Dennis Ossenkop (206) 227–2611. EC2, Kemper County Combustion EIS No. 010035, Draft EIS, IBR, WA, Turbine Plant, Construction and Potholes Reservoir Resource Operation, Addition of Electric General ENVIRONMENTAL PROTECTION Management Plan, Implementation, Peaking Capacity at Greenfield Sites, AGENCY COE Section 404 and NPDES Permits, NPDES Permit, Kemper County, MS. [ER–FRL–6615–3] Moses Lake, Grant County, WA, Due: Summary March 27, 2001, Contact: Lola Sept Environmental Impact Statements; (208) 378–5032. EPA expressed concerns regarding Notice of Availability EIS No. 010036, Draft EIS, FHW, PA, potential air quality, wetland, Central Susquehanna Valley environmental justice and induced Responsible Agency: Office of Federal Transportation Project, Improve development impacts. Activities, General Information (202) Transportation, PA 0015 Section 088, ERP No. DR–COE–C36103–NY Rating 564–7167 www.epa.gov/oeca/ofa Funding and COE Section 404 Permit, EC2, Sauquoit Creek Flood Control Weekly receipt of Environmental Impact Snyder, Northumberland and Union Project, Significant Revisions Statements Counties, PA, Due: March 26, 2001, Concerning Old Project Descriptions, Filed January 29, 2001 Through Contact: James A. Cheatham (717) Alternatives Considered and New February 02, 2001 221–3461. Project and Original Project Pursuant to 40 CFR 1506.9. EIS No. 010037, Final EIS, NPS, LA, Comparisons of Environmental Impacts, EIS No. 010029, Draft EIS, AFS, ID, MT, Cane River Creole National Historical Sauquoit Creek Basin, Whitesboro, Lookout Pass Ski and Recreation Area Park, General Management Plan, Oneida County, NY. (LPSRA) Expansion Project, Natchitoches Parish, LA, Due: March Implementation, Amendment to the 12, 2001, Contact: Laura Sourlliere Summary Existing Special Use Permit, NPDES (318) 352–0383. EPA expressed concerns regarding the Permit and COE Section 404 Permit, EIS No. 010038, Final EIS, MMS, TX, adequacy of the mitigation proposed for Idaho Panhandles National Forests, MS, FL, LA, AL, Programmatic EIS— the loss of wetlands and other aquatic Coeur d’Alene River Range District, ID Proposed Use of Floating Production, habitat values. and MT, Due: March 26, 2001, Storage and Offloading Systems on
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the Gulf of Mexico, Outer Continental the PMNs and TMEs, both pending or comment period, any test data Shelf, Western and Central Planning expired, and the notices of submitted by the manufacturer/importer Areas, TX, LA, MS, AL and FL, Due: commencement to manufacture a new and other information related to this March 12, 2001, Contact: Archie chemical that the Agency has received action, including any information Melanson (703) 787–1647. under TSCA section 5 during this time claimed as confidential business period. The ‘‘S’’ and ‘‘G’’ that precede information (CBI). This official record Amended Notices the chemical names denote whether the includes the documents that are EIS No. 000451, Draft EIS, DOE, TN, chemical idenity is specific or generic. physically located in the docket, as well Programmatic EIS—Oak Ridge Y–12 ADDRESSES: Comments may be as the documents that are referenced in Plant Mission, Processing and Storage submitted by mail, electronically, or in those documents. The public version of Highly Enriched Uranium, U.S. person. Please follow the detailed the official record does not include any Nuclear Weapons Stockpile, instructions for each method as information claimed as CBI. The public Anderson County, TN, Due: February provided in Unit I. of the version of the official record, which 05, 2001, Contact: Gary S. Hartman SUPPLEMENTARY INFORMATION. To ensure includes printed, paper versions of any (865) 576–0273. proper receipt by EPA, it is imperative electronic comments submitted during Revision of FR notice published on that you identify docket control number an applicable comment period, is 12/22/2000: CEQ Comment Date has OPPTS–51962 and the specific PMN available for inspection in the TSCA been extended from 02/05/2001 to 02/ number in the subject line on the first Nonconfidential Information Center, 23/2001. page of your response. North East Mall Rm. B–607, Waterside EIS No. 010023, Fourth Draft FOR FURTHER INFORMATION CONTACT: Mall, 401 M St., SW., Washington, DC. Supplement, NOA, AK, Groundfish Barbara Cunningham, Director, Office of The Center is open from noon to 4 p.m., Fishery Management Plan, Program Management and Evaluation, Monday through Friday, excluding legal Implementation, Bering Sea and Office of Pollution Prevention and holidays. The telephone number of the Aleutian Islands, AK, Due: April 26, Toxics (7401), Environmental Protection Center is (202) 260–7099. 2001, Contact: James W. Balsiger (907) Agency, 1200 Pennsylvania Ave., NW., C. How and to Whom Do I Submit 586–7221. Washington, DC 20460; telephone Comments? This EIS should have appeared in the number: (202) 554–1404; e-mail address: FR on 01/26/2001. The Review Period is [email protected]. You may submit comments through Calculated from 01/26/2001. SUPPLEMENTARY INFORMATION: the mail, in person, or electronically. To ensure proper receipt by EPA, it is Dated: February 06, 2001. I. General Information imperative that you identify docket Joseph C. Montgomery, A. Does this Action Apply to Me? control number OPPTS–51962 and the Director, NEPA Compliance Division, Office specific PMN number in the subject line This action is directed to the public of Federal Activities. on the first page of your response. in general. As such, the Agency has not [FR Doc. 01–3407 Filed 2–8–01; 8:45 am] 1. By mail. Submit your comments to: BILLING CODE 6560–50–P attempted to describe the specific entities that this action may apply to. Document Control Office (7407), Office Although others may be affected, this of Pollution Prevention and Toxics (OPPT), Environmental Protection ENVIRONMENTAL PROTECTION action applies directly to the submitter Agency, 1200 Pennsylvania Ave., NW., AGENCY of the premanufacture notices addressed in the action. If you have any questions Washington, DC 20460. [OPPTS–51962; FRL–6764–4] regarding the applicability of this action 2. In person or by courier. Deliver to a particular entity, consult the person your comments to: OPPT Document Certain New Chemicals; Receipt and Control Office (DCO) in East Tower Rm. Status Information listed under FOR FURTHER INFORMATION CONTACT. G–099, Waterside Mall, 401 M St., SW., AGENCY: Environmental Protection Washington, DC. The DCO is open from B. How Can I Get Additional Agency (EPA). 8 a.m. to 4 p.m., Monday through Information, Including Copies of this Friday, excluding legal holidays. The ACTION: Notice. Document and Other Related telephone number for the DCO is (202) SUMMARY: Section 5 of the Toxic Documents? 260–7093. Substances Control Act (TSCA) requires 1. Electronically. You may obtain 3. Electronically. You may submit any person who intends to manufacture copies of this document and certain your comments electronically by e-mail (defined by statute to include import) a other available documents from the EPA to: ‘‘[email protected],’’ or mail your new chemical (i.e., a chemical not on Internet Home Page at http:// computer disk to the address identified the TSCA Inventory) to notify EPA and www.epa.gov/. On the Home Page select in this unit. Do not submit any comply with the statutory provisions ‘‘Laws and Regulations,’’ ‘‘Regulations information electronically that you pertaining to the manufacture of new and Proposed Rules,’’ and then look up consider to be CBI. Electronic comments chemicals. Under sections 5(d)(2) and the entry for this document under the must be submitted as an ASCII file 5(d)(3) of TSCA, EPA is required to ‘‘Federal Register—Environmental avoiding the use of special characters publish a notice of receipt of a Documents.’’ You can also go directly to and any form of encryption. Comments premanufacture notice (PMN) or an the Federal Register listings at http:// and data will also be accepted on application for a test marketing www.epa.gov/fedrgstr/. standard disks in WordPerfect 6.1/8.0 or exemption (TME), and to publish 2. In person. The Agency has ASCII file format. All comments in periodic status reports on the chemicals established an official record for this electronic form must be identified by under review and the receipt of notices action under docket control number docket control number OPPTS–51962 of commencement to manufacture those OPPTS–51962. The official record and the specific PMN number. chemicals. This status report, which consists of the documents specifically Electronic comments may also be filed covers the period from December 7, referenced in this action, any public online at many Federal Depository 2000 to December 19, 2000, consists of comments received during an applicable Libraries.
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D. How Should I Handle CBI that I Want 3. Provide copies of any technical chemicals. This status report, which to Submit to the Agency? information and/or data you used that covers the period from December 7, support your views. 2000 to December 19, 2000, consists of Do not submit any information 4. If you estimate potential burden or the PMNs and TMEs, both pending or electronically that you consider to be costs, explain how you arrived at the expired, and the notices of CBI. You may claim information that estimate that you provide. commencement to manufacture a new you submit to EPA in response to this 5. Provide specific examples to chemical that the Agency has received document as CBI by marking any part or illustrate your concerns. under TSCA section 5 during this time all of that information as CBI. 6. Offer alternative ways to improve period. Information so marked will not be the notice or collection activity. III. Receipt and Status Report for PMNs disclosed except in accordance with 7. Make sure to submit your procedures set forth in 40 CFR part 2. comments by the deadline in this This status report identifies the PMNs In addition to one complete version of document. and TMEs, both pending or expired, and the comment that includes any 8. To ensure proper receipt by EPA, the notices of commencement to information claimed as CBI, a copy of be sure to identify the docket control manufacture a new chemical that the the comment that does not contain the number assigned to this action in the Agency has received under TSCA information claimed as CBI must be subject line on the first page of your section 5 during this time period. If you submitted for inclusion in the public response. You may also provide the are interested in information that is not version of the official record. name, date, and Federal Register included in the following tables, you Information not marked confidential citation. may contact EPA as described in Unit II. will be included in the public version to access additional non-CBI of the official record without prior II. Why is EPA Taking this Action? information that may be available. The notice. If you have any questions about Section 5 of TSCA requires any ‘‘S’’ and ‘‘G’’ that precede the chemical CBI or the procedures for claiming CBI, person who intends to manufacture names denote whether the chemical please consult the person listed under (defined by statute to include import) a idenity is specific or generic. FOR FURTHER INFORMATION CONTACT. new chemical (i.e., a chemical not on In table I, EPA provides the following E. What Should I Consider as I Prepare the TSCA Inventory to notify EPA and information (to the extent that such My Comments for EPA? comply with the statutory provisions information is not claimed as CBI) on pertaining to the manufacture of new the PMNs received by EPA during this You may find the following chemicals. Under sections 5(d)(2) and period: the EPA case number assigned suggestions helpful for preparing your 5(d)(3) of TSCA, EPA is required to to the PMN; the date the PMN was comments: publish a notice of receipt of a PMN or received by EPA; the projected end date 1. Explain your views as clearly as an application for a TME and to publish for EPA’s review of the PMN; the possible. periodic status reports on the chemicals submitting manufacturer; the potential 2. Describe any assumptions that you under review and the receipt of notices uses identified by the manufacturer in used. of commencement to manufacture those the PMN; and the chemical identity.
TABLE I. 28 PREMANUFACTURE NOTICES RECEIVED FROM: 12/07/00 TO 12/19/00
Projected Case No. Received Notice Manufacturer/Importer Use Chemical Date End Date
P–01–0157 12/07/00 03/07/01 Dow Corning Corpora- (S) Adhesion promoter for silicone (G) Aminoalkoxysilane tion elastomers P–01–0158 12/07/00 03/07/01 Warner-Jenkinson Co., (S) Technical dye intermediate (S) Xanthylium, 3,6-bis[(2,6- Inc. dimethylphenyl)amino]-9-(2- sulfophenyl)-, inner salt P–01–0159 12/08/00 03/08/01 CBI (G) Component of coating with open (G) Modified aminoplastic crosslinker use P–01–0160 12/11/00 03/11/01 CBI (G) Laminating adhesive (G) Polymer dispersion of aromatic isocyanate, aliphatic polyols, and aliphatic amines P–01–0161 12/11/00 03/11/01 CBI (G) Additive for paint (G) Aliphatic capped polyester P–01–0162 12/11/00 03/11/01 CBI (G) Open, non-dispersive use (G) Acrylic polymer salt P–01–0163 12/11/00 03/11/01 CBI (G) Open, non-dispersive use (G) Acrylic polymer salt P–01–0164 12/11/00 03/11/01 CIBA Specialty Chem. (G) Textile dye (G) Alkylnitrile, -[[[[substituted thia- Corp., Colors Divi- zole]azo]-substituted sion phenyl]alkylamino]- P–01–0165 12/11/00 03/11/01 CBI (G) Demulsifies (emulsion breaker) (G) Polyethyleneimine propoxylate for water-in-oil emulsions quat. P–01–0166 12/12/00 03/12/01 Degussa-Huls Cor- (G) Chemical intermediate (S) 5-hexen-1-ol poration P–01–0167 12/12/00 03/12/01 CIBA Specialty Chemi- (S) Imported intermediate for the (G) Substituted piperidinamine cals Corporation manufacture of hindered amine light stabilizers P–01–0168 12/12/00 03/12/01 CBI (G) Catalyst (G) Silicone salt P–01–0169 12/13/00 03/13/01 Arteva Specialties (S) Raw material in the manufacture (G) Aromatic polyester polyol S.A.R.L. d/b/a Kosa of rigid polyurethane foam P–01–0170 12/14/00 03/14/01 Novartis Crop Protec- (S) Safener used in pesticide formula- (S) Acetic acid, [(5-chloro-8-quino- tion, Inc. tion linyl)oxy-], 1-methylhexyl ester
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TABLE I. 28 PREMANUFACTURE NOTICES RECEIVED FROM: 12/07/00 TO 12/19/00—Continued
Projected Case No. Received Notice Manufacturer/Importer Use Chemical Date End Date
P–01–0171 12/14/00 03/14/01 CBI (G) Component of coating with open (G) Acrylic polymer use P–01–0172 12/15/00 03/15/01 CBI (G) Open, non-dispersive (resin) (G) Blocked cycloaliphatic polyisocyanate P–01–0173 12/15/00 03/15/01 CBI (G) Open, non-dispersive use (G) Silated urethane polymer P–01–0174 12/15/00 03/15/01 CBI (G) Open, non-dispersive use (G) Carbamate polymer P–01–0175 12/15/00 03/15/01 Summit Specialty (G) Monomer for polymer production (G) Acrylothio sulfide Chemicals Corpora- tion P–01–0176 12/15/00 03/15/01 CBI (S) Specialty grease thickener (G) Aromatic substituted diurea P–01–0177 12/15/00 03/15/01 CBI (S) Specialty grease thickener (G) Aromatic substituted diurea P–01–0178 12/18/00 03/18/01 CBI (G) Fragrance (S) 3-butenoic acid, 2-hydroxy-3- methyl-, ethylester P–01–0179 12/18/00 03/18/01 H.B. Fuller Company (S) Industrial wood adhesive for wood (G) Acrylate polymer reclamation P–01–0180 12/18/00 03/18/01 H.B. Fuller Company (S) Industrial wood adhesive for wood (G) Acrylate polymer reclamation P–01–0181 12/18/00 03/18/01 Reichhold, Inc. (G) Hot melt polyurethane adhesive (G) Isocyanate functional polyether polyester acrylic urethane polymer P–01–0182 12/19/00 03/19/01 NOF America Cor- (S) Coating resin for anti-fogging (G) Methacrylate copolymer poration clearcoat in automotive use P–01–0183 12/19/00 03/19/01 CBI (G) Paint, coating, plastic additive, (G) Thiazine-indigo open, non-dispersive use P–01–0184 12/19/00 03/19/01 CBI (G) Pigment dispersant (G) Quaternary amine salt of a fatty acid polyester amide
In table II, EPA provides the following information (to the extent that such information is not claimed as CBI) on the TMEs received:
TABLE II. 2 TEST MARKETING EXEMPTION NOTICES RECEIVED FROM: 12/07/00 TO 12/19/00
Projected Case No. Received Notice Manufacturer/Importer Use Chemical Date End Date
T–01–0007 12/08/00 01/22/01 CBI (G) Component of coating with open (G) Modified aminoplastic crosslinker use T–01–0008 12/19/00 02/02/01 CBI (G) Cleaning hydrotrope (G) Monoalkyl quaternary ammonium salt
In table III, EPA provides the following information (to the extent that such information is not claimed as CBI) on the Notices of Commencement to manufacture received:
TABLE III. 11 NOTICES OF COMMENCEMENT FROM: 12/07/00 TO 12/19/00
Commencement/ Case No. Received Date Import Date Chemical
P–00–0415 12/11/00 10/18/00 (G) Calcium fatty acid complex P–00–0456 12/19/00 12/12/00 (G) Fluoroelastomer P–00–0690 12/15/00 11/30/00 (G) Alkoxylated allyl methacrylate P–00–0718 12/18/00 11/07/00 (G) Modified polyester P–00–0766 12/08/00 11/11/00 (G) Rosin modified phenolic resin P–00–0922 12/18/00 11/27/00 (G) Alkoxy borohydride P–00–0990 12/11/00 11/13/00 (G) Amine salt of polyurethane resin P–00–1011 12/07/00 11/17/00 (G) Acrylic copolymer P–00–1028 12/07/00 11/08/00 (G) Pyridine carboxylic ester P–00–1067 12/08/00 11/30/00 (G) Linear alkyl polyhydroxypolyester P–99–0352 12/19/00 11/30/00 (S) Dodecanamide, n-[2-(-hydroxyethoxy)ethyl]-
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List of Subjects and (3) designating Western Wireless as Salas, Office of the Secretary, Federal Environmental protection, Chemicals, an ETC for the Reservation will advance Communications Commission, 445 12th Premanufacturer notices. the public interest. The Common Carrier Street, SW., Washington, DC 20554. Bureau seeks comment on Western Parties also must send three paper Dated: February 2, 2001. Wireless’ petition. copies of their filing to Sheryl Todd, In the Twelfth Report and Order, 65 Accounting Policy Division, Common Deborah A. Williams, FR 47941, August 4, 2000, the Carrier Bureau, Federal Acting Director, Information Management Commission concluded that a carrier Communications Commission, 445 Division, Office of Pollution Prevention and seeking a designation of eligibility to Twelfth Street SW., Room 5–B540, Toxics. receive federal universal service support Washington, DC 20554. In addition, [FR Doc. 01–3382 Filed 2–8–01; 8:45 am] for telecommunications service commenters must send diskette copies BILLING CODE 6560–50–S provided on tribal lands may petition to the Commission’s copy contractor, the Commission for designation under International Transcription Service, section 214(e)(6), without first seeking Inc., 1231 20th Street, NW., FEDERAL COMMUNICATIONS designation from the appropriate state Washington, DC 20037. COMMISSION commission. The petitioner must Pursuant to § 1.1206 of the provide copies of its petition to the Commission’s rules, this proceeding [CC Docket No. 96–45; DA 01–278] appropriate state commission at the will be conducted as a permit-but- time of filing with the Commission. disclose proceeding in which ex parte Common Carrier Bureau Seeks Pursuant to the guidelines established Comment on Western Wireless’s communications are permitted subject in the Twelfth Report and Order, the to disclosure. Petition for Designation as an Eligible Commission will publish a copy of this Telecommunications Carrier for the Public Notice, or a summary thereof, in Dated: February 5, 2001. Pine Ridge Reservation in South the Federal Register. The Commission Katherine L. Schroder, Dakota will also send the Public Notice Division Chief, Accounting Policy Division. AGENCY: Federal Communications announcing the comment and reply [FR Doc. 01–3325 Filed 2–8–01; 8:45 am] Commission. comment dates to the South Dakota BILLING CODE 6712–01–U Commission by overnight express mail ACTION: Notice; solicitation of comments. to ensure that the state commission is notified of the notice and comment SUMMARY: In a Public Notice in this period. To ensure that all interested FEDERAL RESERVE SYSTEM proceeding released on February 2, parties are aware of the comment dates, 2001, the Common Carrier Bureau the Bureau will issue a Public Notice Formations of, Acquisitions by, and sought comment on Western Wireless’ following Federal Register publication Mergers of Bank Holding Companies specifying the exact comment and reply petition seeking designation as an The companies listed in this notice eligible telecommunications carrier to comment dates. Pursuant to §§ 1.415 and 1.419 of the have applied to the Board for approval, receive federal universal service support pursuant to the Bank Holding Company for a service area comprised of the Pine Commission’s rules, interested parties may file comments as follows: Act of 1956 (12 U.S.C. 1841 et seq.) Ridge Reservation in South Dakota. (BHC Act), Regulation Y (12 CFR Part DATES: Comments are due on or before Comments are due March 12, 2001 and reply comments are due March 26, 225), and all other applicable statutes March 12, 2001. Reply comments are and regulations to become a bank due on or before March 26, 2001. 2001. Comments may be filed using the Commission’s Electronic Comment holding company and/or to acquire the ADDRESSES: See Supplementary Filing System (ECFS) or by filing paper assets or the ownership of, control of, or Information section for where and how copies. See Electronic Filing of the power to vote shares of a bank or to file comments. Documents in Rulemaking Proceedings, bank holding company and all of the FOR FURTHER INFORMATION CONTACT: 63 FR 24121, May 1, 1998. Comments banks and nonbanking companies Richard D. Smith or Anita Cheng, filed through the ECFS can be sent as an owned by the bank holding company, Common Carrier Bureau, Accounting electronic file via the Internet to
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from the National Information Center Board of Governors of the Federal Reserve information they conduct or sponsor. website at www.ffiec.gov/nic/. System, February 6, 2001. ‘‘Collection of Information’’ is defined Unless otherwise noted, comments Robert deV. Frierson, in 44 U.S.C. 3502(3) and 5 CFR regarding each of these applications Associate Secretary of the Board. 1320.3(c) and includes agency requests must be received at the Reserve Bank [FR Doc. 01–3393 Filed 2–8–01; 8:45 am] or requirements that members of the indicated or the offices of the Board of BILLING CODE 6210–01–U public submit reports, keep records, or Governors not later than March 8, 2001. provide information to a third party. A. Federal Reserve Bank of Section 3506(c)(2)(A) of the PRA (44 Richmond (A. Linwood Gill, III, Vice DEPARTMENT OF HEALTH AND U.S.C. 3506(c)(2)(A)) requires Federal President) 701 East Byrd Street, HUMAN SERVICES agencies to provide a 60-day notice in Richmond, Virginia 23261–4528: the Federal Register concerning each Food and Drug Administration proposed collection of information, 1. BB&T Corporation, Winston-Salem, including each proposed reinstatement North Carolina; to merge with Century [Docket No. 01N–0048] of an existing collection of information, South Banks, Inc., Alpharetta, Georgia, Agency Information Collection before submitting the collection to OMB and Independent Bancorp, Inc., Oxford, for approval. To comply with this Alabama, and thereby indirectly acquire Activities; Proposed Collection; Comment Request; Current Good requirement, FDA is publishing notice Century South Bank of Alabama, of the proposed collection of Oxford, Alabama; Century South Bank Manufacturing Practice Regulations for Type A Medicated Articles information set forth in this document. of Central Georgia, National With respect to the following Association, Macon, Georgia; Century AGENCY: Food and Drug Administration, collection of information, FDA invites South Bank of Dahlonega, Dahlonega, HHS. comments on: (1) Whether the proposed Georgia; Century South Bank of ACTION: Notice. collection of information is necessary Danielsville, Danielsville, Georgia; for the proper performance of FDA’s Century South Bank of Dawsonville, SUMMARY: The Food and Drug functions, including whether the Dawsonville, Georgia; Century South Administration (FDA) is announcing an information will have practical utility; Bank of Ellijay, Ellijay, Georgia; Century opportunity for public comment on the (2) the accuracy of FDA’s estimate of the South Bank of Fannin County, National proposed collection of certain burden of the proposed collection of Association, Blue Ridge, Georgia; information by the agency. Under the information, including the validity of Century South Bank of Lavonia, Paperwork Reduction Act of 1995 the methodology and assumptions used; Lavonia, Georgia; Century South Bank (PRA), Federal agencies are required to (3) ways to enhance the quality, utility, of Northeast Georgia, National publish notice in the Federal Register and clarity of the information to be Association; Gainesville, Georgia; concerning each proposed collection of collected; and (4) ways to minimize the Century South Bank of Polk County, information, including each proposed burden of the collection of information Copperhill, Tennessee; and Century extension of an existing collection of on respondents, including through the South Bank of the Coastal Region, information, and to allow 60 days for use of automated collection techniques, National Association, Savannah, public comment in response to the when appropriate, and other forms of Georgia. notice. This notice solicits comments on information technology. the recordkeeping requirements for In connection with this application, Current Good Manufacturing Practice manufacturers of Type A medicated Applicant also has applied to acquire Regulations for Type A Medicated articles. HBI Acquisition Corp., Waynesboro, Articles—21 CFR 226 (OMB Control No. North Carolina, and thereby indirectly DATES: Submit written or electronic 0910–0154)—Extension acquire Century South Bank of the comments on the collection of Under section 501 of the Federal Carolinas, FSB, Waynesville, North information by April 10, 2001. Food, Drug, and Cosmetic Act (the act) Carolina, and thereby engage in ADDRESSES: Submit electronic operating a savings association, (21 U.S.C. 351), FDA has the statutory comments on the collection of authority to issue current good pursuant to § 225.28(b)(4)(ii) of information to http:// Regulation Y. manufacturing practice (CGMP) www.accessdata.fda.gov/scripts/oc/ regulations for drugs, including Type A B. Federal Reserve Bank of dockets/edockethome.cfm. Submit medicated articles. A Type A medicated Minneapolis (JoAnne F. Lewellen, written comments on the collection of article is a feed product containing a Assistant Vice President), 90 Hennepin information to the Dockets Management concentrated drug diluted with a feed Avenue, Minneapolis, Minnesota Branch (HFA–305), Food and Drug carrier substance. A Type A medicated 55480–0291: Administration, 5630 Fishers Lane, rm. article is intended solely for use in the 1. Native American Bancorporation, 1061, Rockville, MD 20852. All manufacture of another Type A Co., Denver, Colorado; to become a bank comments should be identified with the medicated article or a Type B or Type holding company by acquiring 100 docket number found in brackets in the C medicated feed. Medicated feeds are percent of the voting shares of Blackfeet heading of this document. administered to animals for the National Bank, Browning, Montana. FOR FURTHER INFORMATION CONTACT: prevention, cure, mitigation, or C. Federal Reserve Bank of Kansas Denver Presley, Office of Information treatment of disease or for growth City (D. Michael Manies, Assistant Vice Resources Management (HFA–250), promotion and feed efficiency. President), 925 Grand Avenue, Kansas Food and Drug Administration, 5600 Statutory requirements for CGMP’s for City, Missouri 64198–0001: Fishers Lane, Rockville, MD 20857, Type A medicated articles have been 1. American State Bancshares, Inc., 301–827–1472. codified in part 226 (21 CFR part 226). Great Bend, Kansas; to become a bank SUPPLEMENTARY INFORMATION: Under the Type A medicated articles that are not holding company by acquiring 100 PRA (44 U.S.C. 3501–3520), Federal manufactured in accordance with these percent of the voting shares of American agencies must obtain approval from the regulations are considered adulterated State Bank & Trust Company, NA, Great Office of Management and Budget under section 501(a)(2)(B) of the act. Bend, Kansas. (OMB) for each collection of Under part 226, a manufacturer is
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required to establish, maintain, and misformulation of Type A medicated safety and also meet the articles, retain records for Type A medicated articles. The information could also claimed identity, strength, quality, and articles, including records to document prove useful to FDA in investigating purity, as required by section procedures required under the product defects when a drug is recalled. 501(a)(2)(B) of the act. manufacturing process to assure that In addition, FDA will use the CGMP The respondents for Type A proper quality control is maintained. criteria in part 226 to determine medicated articles are pharmaceutical Such records would, for example, whether or not the systems used by contain information concerning receipt manufacturers of Type A medicated firms that manufacture both human and and inventory of drug components, articles are adequate to assure that their veterinary drugs, those firms that batch production, laboratory assay medicated articles meet the produce only veterinary drugs and results (i.e., batch and stability testing), requirements of the act as to safety and commercial feed mills. and product distribution. This also meet the articles, claimed identity, FDA estimates the burden of this information is needed so that FDA can strength, quality, and purity, as required collection of information as follows: monitor drug usage and possible by section 501(a)(2)(B) of the act as to
TABLE 1.—ESTIMATED ANNUAL RECORDKEEPING BURDEN 1
Annual 21 CFR Section No. of Frequency per Total Annual Hours per Total Hours Recordkeepers Recordkeeping Records Recordkeeper
226.42 115 260 29,900 0.75 22,425 226.58 115 260 29,900 1.75 52,325 226.80 115 260 29,900 0.75 52,325 226.102 115 260 29,900 1.75 52,325 226.110 115 260 29,900 0.25 7,475 226.115 115 10 1,150 0.5 575 Total 187,450 1 There are no capital costs or operating and maintenance costs associated with this collection of information.
The estimate of the time required for PRA), Federal agencies are required to information they conduct or sponsor. record preparation and maintenance is publish notice in the Federal Register ‘‘Collection of Information’’ is defined based on agency communications with concerning each proposed collection of in 44 U.S.C. 3502(3) and 5 CFR industry. Other information needed to information, including each proposed 1320.3(c) and includes agency requests calculate the total burden hours (i.e., extension of an existing collection of or requirements that members of the manufacturing sites, number of Type A information, and to allow 60 days for public submit reports, keep records, or medicated articles being manufactured, public comment in response to the provide information to a third party. etc.) are derived from agency records notice. This notice solicits comments on Section 3506(c)(2)(A) of the PRA (44 and experience. the recordkeeping requirements for U.S.C. 3506(c)(2)(A)) requires Federal Dated: February 2, 2001. manufacturers of medicated animal agencies to provide a 60-day notice in William K. Hubbard, feeds. the Federal Register concerning each Senior Associate Commissioner for Policy, DATES: Submit written or electronic proposed collection of information Planning, and Legislation. comments on the collection of including each proposed reinstatement [FR Doc. 01–3348 Filed 2–8–01; 8:45 am] information by April 10, 2001. of an existing collection of information, BILLING CODE 4160–01–F ADDRESSES: Submit electronic before submitting the collection to OMB comments on the collection of for approval. To comply with this information to http:// requirement, FDA is publishing notice DEPARTMENT OF HEALTH AND www.accessdata.fda.gov/scripts/oc/ of the proposed collection of HUMAN SERVICES dockets/edockethome.cfm. Submit information set forth in this document. written comments on the collection of With respect to the following Food and Drug Administration information to the Dockets Management collection of information, FDA invites [Docket No. 01N–0046] Branch (HFA–305), Food and Drug comments on: (1) Whether the proposed Administration, 5630 Fishers Lane, rm. collection of information is necessary Agency Information Collection 1061, Rockville, MD 20852. All for the proper performance of FDA‘s Activities; Proposed Collection; comments should be identified with the functions, including whether the Comment Request; Current Good docket number found in brackets in the information will have practical utility; Manufacturing Practice Regulations for heading of this document. (2) the accuracy of FDA‘s estimate of the Medicated Feeds FOR FURTHER INFORMATION CONTACT: burden of the proposed collection of AGENCY: Food and Drug Administration, Denver Presley, Office of Information information, including the validity of HHS. Resources Management (HFA–250), the methodology and assumptions used; Food and Drug Administration, 5600 (3) ways to enhance the quality, utility, ACTION: Notice. Fishers Lane, Rockville, MD 20857, and clarity of the information to be SUMMARY: The Food and Drug 301–827–1462. collected; and (4) ways to minimize the Administration (FDA) is announcing an SUPPLEMENTARY INFORMATION: Under the burden of the collection of information opportunity for public comment on the PRA (44 U.S.C. 3501–3520), Federal on respondents, including through the proposed collection of certain agencies must obtain approval from the use of automated collection techniques, information by the agency. Under the Office of Management and Budget when appropriate, and other forms of Paperwork Reduction Act of 1995 (the (OMB) for each collection of information technology.
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Current Good Manufacturing Practice required to establish, maintain, and manufacturers of medicated feeds are Regulations for Medicated Feeds—21 retain records for a medicated feed, adequate to assure that their feeds meet CFR Part 225 (OMB Control No. 0910– including records to document the requirements of the act as to safety 0152)—Extension procedures required during the and also meet their claimed identity, Under section 501 of the Federal manufacturing process to assure that strength, quality, and purity, as required Food, Drug, and Cosmetic Act (the act) proper quality control is maintained. by section 501(a)(2)(B) of the act. (21 U.S.C. 351), FDA has the statutory Such records would, for example, A license is required when the authority to issue current good contain information concerning receipt manufacturer of a medicated feed manufacturing practice (CGMP) and inventory of drug components, involves the use of a drug or drugs, regulations for drugs, including batch production, laboratory assay which FDA has determined requires medicated feeds. Medicated feeds are results (i.e. batch and stability testing), more control because of the need for a administered to animals for the labels , and product distribution. withdrawal period before slaughter or prevention, cure, mitigation, or This information is needed so that carcinogenic concerns. Conversely, for treatment of disease or growth FDA can monitor drug usage and those medicated feeds for which FDA promotion and feed efficiency. Statutory possible misformulation of medicated has determined that the drugs used in requirements for CGMP’s have been feeds, to investigate violative drug their manufacture need less control, a codified under part 225 (21 CFR part residues in products from treated license is not required and the 225). Medicated feeds which are not animals and investigate product defects recordkeeping requirements are less manufactured in accordance with these when a drug is recalled. In addition, demanding. Respondents to this regulations are considered adulterated FDA will use the CGMP criteria in part collection of information are under section 501(a)(2)(B) of the act. 225 to determine whether or not the commercial feed mills and mixer- Under part 225, a manufacturer is systems and procedures used by feeders.
TABLE 1.—ESTIMATED ANNUAL RECORDKEEPING BURDEN (REGISTERED LICENSE HOLDERS) 1, 2
Annual 21 CFR Section No. of Frequency per Total Annual Hours per Total Hours Recordkeepers Recordkeeping Records Recordkeeper
225.42(b)(5) through (b)(8) 1,150 260 299,000 1 299,000 225.58(c) and (d) 1,150 45 51,750 .5 25,875 225.80(b)(2) 1,150 1,600 1,840,000 .12 220,800 225.102(b)(1) 1,150 7,800 8,970,000 .08 717,600 225.110(b)(1) and (b)(2) 1,150 7,800 8,970,000 .015 134,550 225.115(b)(1) and (b)(2) 1,150 5 5,750 .12 690 Total 1,398,515 1 There are no capital costs or operating and maintenance costs associated with this collection of information. 2 Commercial feed mills.
TABLE 2.—ESTIMATED ANNUAL RECORDKEEPING BURDEN (REGISTERED LICENSE HOLDERS) 1, 2
Annual 21 CFR Section No. of Frequency per Total Annual Hours per Total Hours Recordkeepers Recordkeeping Records Recordkeeper
225.42(b)(5) through (b)(8) 100 260 26,000 .15 3,900 225.58(c) and (d) 100 36 3,600 .5 1,800 225.80(b)(2) 100 48 4,800 .12 576 225.102(b)(1) through (b)(5) 100 260 26,000 .4 10,400 Total 16,676 1 There are no capital costs or operating and maintenance costs associated with this collection of information. 2 Licensed mixer-feeders.
TABLE 3.—ESTIMATED ANNUAL RECORDKEEPING BURDEN (NONREGISTERED) 1, 2
Annual 21 CFR Section No. of Frequency per Total Annual Hours per Total Hours Recordkeepers Recordkeeping Records Recordkeeper
225.142 8,000 4 32,000 1 32,000 225.158 8,000 1 8,000 4 32,000 225.180 8,000 96 768,000 .12 92,160 225.202 8,000 260 2,080,000 .65 1,352,000 Total 1,508,160 1 There are no capital costs or operating and maintenance costs associated with this collection of information. 2 Unlicensed commercial feed mills.
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TABLE 4.—ESTIMATED ANNUAL RECORDKEEPING BURDEN (NONREGISTERED) 1, 2
Annual 21 CFR Section No. of Frequency per Total Annual Records Hours per Total Hours Recordkeepers Recordkeeping Recordkeeper
225.142 45,000 4 180,000 1 180,000 225.158 45,000 1 45,000 4 180,000 225.180 45,000 32 1,440,000 .12 172,800 225.202 45,000 260 11,700,000 .33 3,861,000 Total 4,393,800 1 There are no capital costs or operating and maintenance costs associated with this collection of information. 2 Unlicensed mixer-feeders.
The estimate of the times required for Resources Management (HFA–250), Under §§ 207.21 and 207.22, record preparation and maintenance is Food and Drug Administration, 5600 establishments must register with FDA based on agency communications with Fishers Lane, Rockville, MD 20857, by submitting Form FDA 2656 industry. Other information needed to 301–827–1482. (Registration of Drug Establishment) finally calculate the total burden hours within 5 days after beginning the SUPPLEMENTARY INFORMATION: In (i.e., number of recordkeepers, number manufacture of drugs or biologicals, or compliance with 44 U.S.C. 3507, FDA of medicated feeds being manufactured, within 5 days after the submission of a has submitted the following proposed etc.) is derived from agency records and drug application or biological license experience. collection of information to OMB for review and clearance. application. In addition, establishments Dated: February 5, 2001. must register annually by returning, William K. Hubbard, Registration of Producers of Drugs and within 30 days of receipt from FDA, Senior Associate Commissioner for Policy, Listing of Drugs in Commercial Form FDA 2656e (Annual Update of Planning, and Legislation. Distribution—21 CFR Part 207 (OMB Drug Establishment). Changes in [FR Doc. 01–3416 Filed 2–8–01; 8:45 am] Control No. 0910–0045)—Extension individual ownership, corporate or BILLING CODE 4160–01–F partnership structure location, or drug- Under section 510 of the Federal handling activity must be submitted as Food, Drug, and Cosmetic Act (the act) amendments to registration under DEPARTMENT OF HEALTH AND (21 U.S.C. 360), FDA is authorized to § 207.26 within 5 days of such changes. HUMAN SERVICES establish a system for registration of Distributors that elect to submit drug producers of drugs and for listing of listing information must submit Form Food and Drug Administration drugs in commercial distribution. To FDA 2656 to FDA and a copy of the implement section 510 of the act, FDA [Docket No. 00N–1567] completed form to the registered issued part 207 (21 CFR part 207). establishment that manufactured the Under § 207.20, manufacturers, Agency Information Collection product to obtain a labeler code. repackers, and relabelers that engage in Activities; Submission for OMB Establishments must, within 5 days of the manufacture, preparation, Review; Comment Request; beginning the manufacture of drugs or propagation, compounding, or Registration of Producers of Drugs biologicals, submit to FDA a listing for processing of human or veterinary drugs and Listing of Drugs in Commercial every drug or biological product in and biological products, including bulk Distribution commercial distribution at that time by drug substances and bulk drug using Form FDA 2657 (Drug Product AGENCY: Food and Drug Administration, substances for prescription Listing). Private label distributors may HHS. compounding, and drug premixes as elect to submit to FDA a listing of every ACTION: Notice. well as finished dosage forms, whether drug product they place in commercial prescription or over-the-counter, are distribution. Registered establishments SUMMARY: The Food and Drug required to register their establishment. Administration (FDA) is announcing In addition, manufacturers, repackers, must submit to FDA drug product that the proposed collection of and relabelers are required to submit a listing for those private label information listed below has been listing of every drug or biological distributors who do not elect to submit submitted to the Office of Management product in commercial distribution. listing information by using Form FDA and Budget (OMB) for review and Owners or operators of establishments 2658 (Registered Establishments’ Report clearance under the Paperwork that distribute, under their own label or of Private Label Distributors). Reduction Act of 1995. trade name, a drug product Under § 207.25, product listing DATES: Submit written comments on the manufactured by a registered information submitted to FDA must, collection of information by March 12, establishment are not required either to depending on the type of product being 2001. register or list. However, distributors listed, include any new drug application ADDRESSES: Submit written comments may elect to submit drug listing number or biological establishment on the collection of information to the information in lieu of the registered license number, copies of current Office of Information and Regulatory establishment that manufactures the labeling and a sampling of Affairs, OMB, New Executive Office drug product. Foreign drug advertisements, a quantitative listing of Bldg., 725 17th St. NW., rm. 10235, establishments must also comply with the active ingredient for each drug or Washington, DC 20503, Attn: Wendy the establishment registration and biological product not subject to an Taylor, Desk Officer for FDA. product listing requirements if they approved application or license, the FOR FURTHER INFORMATION CONTACT: import or offer for import their products National Drug Code number, and any Karen L. Nelson, Office of Information into the United States. drug imprinting information.
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In addition to the product listing of a qualitative listing of the inactive distribution that have not been included information required on Form FDA ingredients for all listed drugs or in any previously submitted list, (2) all 2657, FDA may also require, under biological products, and a quantitative drug or biological products formerly § 207.31, a copy of all advertisements listing of the active ingredients for all listed for which commercial distribution and a quantitative listing of all listed drugs or biological products has been discontinued, (3) all drug or ingredients for each listed drug or subject to an approved application or biological products for which a notice of biological product not subject to an license. discontinuance was submitted and for approved application or license; the Under § 207.30, establishments must which commercial distribution has been basis for a determination, by the update their product listing information resumed, and (4) any material change in establishment, that a listed drug or by using Form FDA 2657 and/or Form any information previously submitted. biological product is not subject to FDA 2658 every June and December or, No update is required if no changes marketing or licensing approval at the discretion of the establishment, have occurred since the previously requirements; and a list of certain drugs when any change occurs. These updates or biological products containing a must include the following information: submitted list. particular ingredient. FDA may also (1) A listing of all drug or biological FDA estimates the burden of this request, but not require, the submission products introduced for commercial collection of information as follows:
TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN 1
No. of Annual Reporting No. of Respones per Frequency Total Annual Hours per Respondents Respondent per Response Responses Response
(1) Form FDA–2656 Registration of Drug Establish- ment 21 CFR 207.21, 207.22, 207.25, 207.26, and 207.40 15,802 .34 5,438 .5 2,719 (2) Form FDA–2656e Annual Update of Drug Estab- lishment 21 CFR 207.21, 207.22, 207.25, 207.26, and 207.40 7,226 1 7,226 .5 3,613 (3) Form FDA–2657 Drug Product Listing 21 CFR 207.21, 207.22, 207.25, 207.30, 207.31, and 207.40 14,381 2.80 40,270 .5 20,135 (4) Form FDA–2658 Registered Establishments’ Re- port of Private Label Distributors 21 CFR 207.21, 207.22, 207.25, 207.30, and 207.31 6,221 2.14 13,289 .5 6,645 Total Reporting Burden 33,112 1There are no capital costs or operating and maintenance costs associated with this collection of information.
In the Federal Register of November listing information. It would be more notice document that published in the 2, 2000 (65 FR 65858), the agency appropriate to submit the comment to Federal Register of January 22, 2001 (66 requested comments on the proposed that proposed rule after it publishes in FR 6624). The notice announced an collections of information. The agency the Federal Register. opportunity for public comment on received one comment on the 60-day Dated: February 5, 2001. proposed new Food Chemicals Codex notice. The comment recommended that William K. Hubbard, specification monographs, proposed FDA eliminate the requirement to send changes to certain Food Chemicals Senior Associate Commissioner for Policy, a representative label and/or carton with Planning, and Legislation. Codex specification monographs, a each Form FDA 2657 and 2658, and [FR Doc. 01–3414 Filed 2–8–01; 8:45 am] proposed new general test procedure, that, instead, the labeling would be and proposed changes to a policy in the BILLING CODE 4160–01–F available and submitted to FDA upon fourth edition. The notice was request. published with some inadvertent errors. FDA appreciates the recommendation DEPARTMENT OF HEALTH AND This document corrects those errors. concerning labeling submissions. HUMAN SERVICES DATES: Submit written comments by However, the comment is beyond the March 8, 2001. (The committee advises Food and Drug Administration scope of the November 2, 2000, notice. that comments received after this date That notice provided an opportunity for may not be considered for the third public comment on the agency’s [Docket No. 00N–1685] supplement to the fourth edition. estimates of the burden resulting from New Food Chemicals Codex Comments received too late for the information collection requirements Monographs, Revisions of Certain consideration for the third supplement imposed by part 207. In the Federal Food Chemicals Codex Monographs, a will be considered for later supplements Register of November 30, 2000 (65 FR New General Test Procedure, and or for a new edition of the Food 73798), FDA announced as part of the Revisions to a Policy; Opportunity for Chemicals Codex.) semiannual regulatory agenda that it Public Comment; Correction intends to publish a proposed rule to FOR FURTHER INFORMATION CONTACT: Paul revise part 207 to clarify the AGENCY: Food and Drug Administration, M. Kuznesof, Division of Product requirements for registration and listing HHS. Manufacture and Use (HFS–246), Office and to consolidate and reorganize the ACTION: Notice; correction. of Premarket Approval, Center for Food regulations. The proposal would also Safety and Applied Nutrition, Food and require the electronic submission of SUMMARY: The Food and Drug Drug Administration, 200 C St. SW., establishment registration and product Administration (FDA) is correcting a Washington, DC 20204, 202–418–3009.
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SUPPLEMENTARY INFORMATION: In FR Doc. Sodium Phosphate, Dibasic (fluoride Dockets Management Branch (HFA– 01–1713, appearing on page 6624 in the test corrected) 305), Food and Drug Administration, Federal Register of January 22, 2001, Sodium Phosphate, Monobasic (fluoride 5630 Fishers Lane, rm. 1061, Rockville, the following corrections are made: test corrected) MD 20852. Requests and comments 1. On page 6625, in the first column, Sodium Polyphosphate, Glassy (fluoride should be identified with the docket in the last line of the first paragraph, the test corrected) number found in brackets in the Internet address is corrected to read Sodium Potassium Tripolyphosphate heading of this document. ‘‘http://www.iom.edu/fcc.’’ (fluoride test corrected) 2. On the same page beginning in the Sodium Trimetaphosphate (fluoride test FOR FURTHER INFORMATION CONTACT: Rose same column, the formatting of all the corrected) E. Cunningham, Executive Operations entries listed under I. Proposed New Sodium Tripolyphosphate (fluoride test (HFD–06), Center for Drug Evaluation Monographs and under II. Current corrected) and Research, Food and Drug Monographs to Which the Committee 3. On page 6625, in the third column, Administration, 5600 Fishers Lane, Proposes to Make Revisions is corrected the last sentence is corrected to read: Rockville, MD 20857, 301–594–6779. to read: ‘‘Copies of the proposed changes may SUPPLEMENTARY INFORMATION: In the also be obtained through the Internet at I. Proposed New Monographs Federal Register of January 4, 2001 (66 http://www.iom.edu/fcc.’’ FR 801), FDA published a notice Flavor Chemicals Dated: February 2, 2001. Acetaldehyde Diethyl Acetal announcing the availability of a draft 2-Acetyl Thiazole L. Robert Lake, guidance document entitled ‘‘Potassium Allyl Phenoxy Acetate Director of Regulations and Policy, Center Iodide as a Thyroid Blocking Agent in Allyl Propionate for Food Safety and Applied Nutrition. Radiation Emergencies.’’ This draft Borneol [FR Doc. 01–3347 Filed 2–8–01; 8:45 am] guidance updates the notice of Butyl 2-Methyl Butyrate BILLING CODE 4160–01–F availability entitled ‘‘Potassium Iodide 2-sec-Butyl Cyclohexanone as a Thyroid-Blocking Agent In a Diphenyl Ether Radiation Emergency: Final DEPARTMENT OF HEALTH AND d-Fenchone Recommendations On Use,’’ published Fenchyl Alcohol HUMAN SERVICES in the Federal Register of June 29, 1982 Furfuryl Alcohol 2-Furyl Methyl Ketone Food and Drug Administration (47 FR 28158). In this draft guidance, FDA maintains its position that Salatrim [Docket No. 00D–1681] Soy Protein Concentrate potassium iodide is a safe and effective Draft Guidance on Potassium Iodide as means by which to prevent radioiodine II. Current Monographs to Which the uptake by the thyroid gland, under Committee Proposes to Make Revisions a Thyroid Blocking Agent in Radiation Emergencies; Availability; Extension certain specified conditions of use, and Ammonium Phosphate, Monobasic of Comment Period thus to lessen the risk of thyroid cancer (fluoride test corrected) in the event of a radiation emergency. AGENCY: Carmine (description and assay test Food and Drug Administration, FDA received an e-mail request, dated revised) HHS. January 4, 2001, requesting that the Enzyme Preparations (classifications ACTION: Notice; extension of comment agency extend the comment period on and reactions added for α- period. Acetolactatedecarboxylase; the draft guidance by 60 days, allowing Aminopeptidase, Leucine; and SUMMARY: The Food and Drug 90 days for comments. Because the draft Lysozyme) Flavor Chemicals Administration (FDA) is extending to guidance introduces several new Cinnamic Acid (solubility in alcohol April 30, 2001, the comment period for recommendations, the agency has revised) the draft guidance entitled ‘‘Potassium decided to extend the comment period d-Dihydrocarvone (solubility in alcohol Iodide as a Thyroid Blocking Agent in on the draft guidance to April 30, 2001, revised) Radiation Emergencies’’ that appeared to allow the public more time to review 2-Heptanone (specific gravity revised) in the Federal Register of January 4, and comment on its contents. Hexyl Isovalerate (solubility in alcohol 2001 (66 FR 801). FDA is taking this Interested persons may submit to the revised) action in response to a request for an Dockets Management Branch (address Isoamyl Benzoate (solubility in alcohol extension. above) written comments on the draft revised) DATES: guidance document by April 30, 2001. Nerolidol (assay revised) Submit written comments on the (Z)-6-Nonen-1-ol (refractive index draft guidance by April 30, 2001. Two copies of any comments are to be revised) alpha-Pinene (angular General comments on agency guidance submitted, except that individuals may rotation revised) 2-Undecenol documents are welcome at any time. submit one copy. Comments should be (specific gravity revised) ADDRESSES: Copies of this draft identified with the docket number Potassium Phosphate, Monobasic guidance are available on the Internet at found in brackets in the heading of this (fluoride test corrected) http://www.fda.gov/cder/guidance/ document. The draft guidance Potassium Phosphate, Tribasic (fluoride index.htm. Submit written requests for document and received comments may test corrected) single copies of the draft guidance to the be seen in the Dockets Management Potassium Pyrophosphate (fluoride test Drug Information Branch (HFD–210), Branch between 9 a.m. and 4 p.m., corrected) Center for Drug Evaluation and Monday through Friday. Potassium Tripolyphosphate (fluoride Research, Food and Drug Dated: February 2, 2001. test corrected) Administration, 5600 Fishers Lane, Ann M. Witt, Sodium Acid Pyrophosphate (fluoride Rockville, MD 20857. Send one self- test corrected) addressed adhesive label to assist the Acting Associate Commissioner for Policy. Sodium Metaphosphate, Insoluble office in processing your request. [FR Doc. 01–3417 Filed 2–8–01; 8:45 am] (fluoride test corrected) Submit written comments to the BILLING CODE 4160–01–F
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DEPARTMENT OF HEALTH AND [email protected], or call the Reports Incentive Grants, Fetal Alcohol HUMAN SERVICES Clearance Office on (410) 786–1326. Syndrome Written comments and Center for Substance Abuse Treatment: Health Care Financing Administration recommendations for the proposed Targeted Capacity Expansion, [Document Identifier: HCFA–10029] information collections must be mailed Strengthening Treatment for Children within 60 days of this notice directly to & Adolescents, Strengthening Agency Information Collection the HCFA Paperwork Clearance Officer Treatment for Racial/Ethnic Minority Activities: Proposed Collection; designated at the following address: Populations, Comprehensive Comment Request HCFA, Office of Information Services, Community Treatment Program for Security and Standards Group, Division the Development of New and Useful AGENCY: Health Care Financing of HCFA Enterprise Standards, Knowledge, Substance Abuse Administration. Attention: Julie Brown, HCFA 10029, Treatment for Homeless Individuals, In compliance with the requirement Room N2–14–26, 7500 Security Re-Entry, Recovery Community of section 3506(c)(2)(A) of the Boulevard, Baltimore, Maryland 21244– Support Program, TCE/HIV Paperwork Reduction Act of 1995, the 1850. More information about each grant Health Care Financing Administration program will be available on SAMHSA’s (HCFA), Department of Health and Dated: January 25, 2001. John P. Burke III, website at: http//www.samhsa.gov. The Human Services, is publishing the Guidance for Applicants (GFAs) for following summary of proposed Reports Clearance Officer, Security and Standards Group, Division of HCFA these grant programs can also be found collections for public comment. at SAMHSA’s website following Interested persons are invited to send Enterprise Standards. [FR Doc. 01–3328 Filed 2–8–01; 8:45 am] publication in the Federal Register. comments regarding this burden Potential participants are strongly BILLING CODE 4120–03–P estimate or any other aspect of this encouraged to check these resources collection of information, including any prior to attending the workshop. of the following subjects: (1) The The Technical Assistance Workshops necessity and utility of the proposed DEPARTMENT OF HEALTH AND HUMAN SERVICES will be held at the following locations: information collection for the proper Workshop I—March 15 and 16, Holiday performance of the agency’s functions; Services Abuse and Mental Health Inn Hotel and Conference Center, (2) the accuracy of the estimated Services Administration (SAMHSA) Scottsdale, AZ, (480) 994–9203 or (800) burden; (3) ways to enhance the quality, 695–6995; Workshop II—March 20 and utility, and clarity of the information to AGENCY: Center for Mental Health 21, Adam’s Mark Hotels and Resorts, be collected; and (4) the use of Services; Center for Substance Abuse Orlando, FL, (407) 859–1500; and automated collection techniques or Prevention; Center for Substance Abuse Workshop III—March 22 and 23, The other forms of information technology to Treatment; Substance Abuse and Mental Boston Park Plaza Hotel, Boston, MA, minimize the information collection Health Services Administration, HHS; (617) 426–2000 or (800) 225–2008. burden. Notice of Technical Assistance Registration and check-in at each site Type of Information Collection Workshops will be at 7:30 a.m.; workshop hours on Request: New collection; Title of Notice is hereby given of the the first day are 8:30 a.m.–6 p.m. On the Information Collection: Medicare following workshops for the provision second day, the grant writing session Program Integrity Customer Service of technical assistance to potential will take place from 8:30 a.m.–3:30 p.m. Project; Form No.: HCFA–10029 (OMB# applicants for SAMHSA grants. Preliminary Agenda Highlights for the 0938–NEW); Use: Medicare’s Integrity The Substance Abuse and Mental TA Workshops include: (1) Review of Program seeks to improve customer Health Services Administration’s SAMHSA programs and priorities; (2) service provided to beneficiaries and (SAMHSA’s) Center for Mental Health Provision of related resource materials; providers. The study’s purpose is to Services (CMHS), Center for Substance (3) Technical/practical aspects of the identify baseline satisfaction with Abuse Prevention (CSAP) and Center for grants application process including Program Integrity efforts, to prioritize Substance Abuse Treatment (CSAT), are application requirements, improving improvement areas, and to identify offering a series of three one and a half applications, instruction in completing potential service delivery changes that day regional Technical Assistance required forms, submission, review, and can be implemented by HCFA or its Workshops for prospective applicants. award procedures; (4) Separate breakout contractors. Respondents include These workshops will be conducted sessions for discussion of specific grant beneficiaries whose billing questions jointly by the three SAMHSA Centers to announcements; and (5) Opportunity for were transferred to Fraud, and providers provide support to prospective questions and answers. On the second who have been through enrollment, applicants in preparing their day, there will be a session designed to medical review, or cost report audit; applications in response to published provide further assistance with grant Frequency: Annually; Affected Public: grant announcements. writing and application preparation. Individuals or households, Business or Several SAMHSA grant other for-profit, Not-for-profit announcements will be featured at the TA Workshop Arrangements institutions; Number of Respondents: workshop, including: There is no registration fee for the 5,250; Total Annual Responses: 5,250; Center for Mental Health Services: workshops. However, space is limited Total Annual Hours: 782. To obtain Youth Violence Prevention, Circles of and preregistration is strongly copies of the supporting statement and Care, HIV/AIDS in Minority encouraged. Registrants will be any related forms for the proposed Communities, Targeted Capacity responsible for costs associated with paperwork collections referenced above, Response, State Data Infrastructure, their own travel, meals, and lodging. access HCFA’s Web Site address at Restraint and Seclusion Workshop confirmation will be faxed. http://www.hcfa.gov/regs/prdact95.htm, Center for Substance Abuse Prevention: For further assistance, please call the or E-mail your request, including your Community-Initiated Prevention SAMHSA hotline at (301) 984–1471, address, phone number, OMB number, Interventions, High-Risk Youth, HIV/ ext. 377 or by fax at (301) 945–4298. and HCFA document identifier, to AIDS in Minority Communities, State SAMHSA suggests that the attendees be
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those persons having the responsibility categories: Suitable/available, suitable/ landholding agency, and the property for conceptualizing and writing the unavailable, suitable/to be excess, and number. application. unsuitable. The properties listed in the For more information regarding three suitable categories have been particular properties identified in this Hotel Information reviewed by the landholding agencies, Notice (i.e., acreage, floor plan, existing Participants are responsible for and each agency has transmitted to sanitary facilities, exact street address), making their own hotel reservations. HUD: (1) Its intention to make the providers should contact the When calling the hotel, reference the property available for use to Assist the appropriate landholding agencies at the SAMHSA TA Workshop. Registrants are homeless, (2) its intention to declare the following addresses: Agriculture: Ms. urged to make their reservations as soon property excess to the agency’s needs, or Marsha Pruitt, Department of as possible. (3) a statement of the reasons that the Agriculture, Room 310B, 300 7th St., Dated: February 5, 2001. property cannot be declared excess or SW, Washington, DC 20250; (202) 720– Richard Kopanda, made available for use as facilities to 4335; DOT: Mr. Rugene Spruill, Space Executive Officer, SAMHSA. assist the homeless. Management, SVC–140, Transportation Administrative Service Center, [FR Doc. 01–3418 Filed 2–8–01; 8:45 am] Properties listed as suitable/available Department of Transportation, 400 7th BILLING CODE 4162–20–U will be available exclusively for homeless use for a period of 60 days Street, SW, Room 2310, Washington, DC from the date of this Notice. Homeless 20590; (202) 366–4246; GSA: Mr. Brian assistance providers interested in any K. Polly, Assistant Commissioner, DEPARTMENT OF HOUSING AND General Services Administration, Office URBAN DEVELOPMENT such property should send a written expression of interest to HHS, addressed of Property Disposal, 18th and F Streets, [Docket No. PR–4644–N–06] to Brian Rooney, Division of Property NW, Washington, DC 20405; (202) 501– Management, Program Support Center, 0386; Interior: Ms. Linda Tribby, Federal Property Suitable as Facilities HHS, room 5B–41, 5600 Fishers Lane, Acquisition & Property Management, To Assist the Homeless Rockville, MD 20857; (301) 443–2265. Department of the Interior, 1849 C AGENCY: Office of the Assistant (This is not a toll-free number.) HHS Street, NW, MS 5512, Washington, DC Secretary for Community Planning and will mail to the interested provider an 20240; (202) 219–0728; Navy: Mr. Development, HUD. application packet, which will include Charles C. Cocks, Director, Department of the Navy, Real Estate Policy Division, ACTION: Notice. instructions for completing the application. In order to maximize the Naval Facilities Engineering Command, SUMMARY: This Notice identifies opportunity to utilize a suitable Washington Navy Yard, 1322 Patterson unutilized, underutilized, excess, and property, providers should submit their Ave., SE, Suite 1000, Washington, DC surplus Federal property reviewed by written expressions of interest as soon 20374–5065; (202) 685–9200; (These are HUD for suitability for possible use to as possible. For complete details not toll-free numbers). assist the homeless. concerning the processing of Dated: February 1, 2001. FOR FURTHER INFORMATION CONTACT: applications, the reader is encouraged to John D. Garrity, Clifford Taffet, room 7266, Department refer to the interim rule governing this Director, Office of Special Needs Assistance of Housing and Urban Development, program, 24 CFR part 581. Programs. 451 Seventh Street SW, Washington, DC For properties listed as suitable/to be excess, that property may, if Title V, Federal Surplus Property Program 20410; telephone (202) 708–1234; TTY Federal Register Report for 2/9/01 number for the hearing- and speech- subsequently accepted as excess by impaired (202) 708–2565 (these GSA, be made available for use by the Suitable/Available Properties telephone numbers are not toll-free), or homeless in accordance with applicable Buildings (by State) call the toll-free Title V information line law, subject to screening for other California at 1–800–927–7588. Federal use. At the appropriate time, HUD will publish the property in a Bell Fed. Service Center SUPPLEMENTARY INFORMATION: In 5600 Rickenbacker Rd. accordance with 24 CFR part 581 and Notice showing it as either suitable/ Bell Co: Los Angeles CA 90201–6418 section 501 of the Stewart B. McKinney available or suitable.unavailable. Landholding Agency: GSA Homeless Assistance Act (42 U.S.C. For properties listed as suitable/ Property Number: 54200110003 11411), as amended, HUD is publishing unavailable, the landholding agency has Status: Underutilized this Notice to identify Federal buildings decided that the property cannot be Comment: 200,000 sq. ft., most recent use— and other real property that HUD has declared excess or made available for warehouse GSA Number: CA086122 reviewed for suitability for use to assist use to assist the homeless, and the the homeless. The properties were property will not be available. Maryland reviewed using information provided to Properties listed as unsuitable will La Plata Housing HUD by Federal landholding agencies not be made available for any other Radio Station Rd. regarding unutilized and underutilized purpose for 20 days from the date of this La Plata Co: Charles MD Notice. Homeless assistance providers Landholding Agency: GSA buildings and real property controlled Property Number: 54200110006 by such agencies or by GSA regarding interested in a review by HUD of the Status: Excess its inventory of excess or surplus determination of unsuitability should Comment: Townhouse complex of 20 units, Federal property. This Notice is also call the toll free information line at 1– 3-bedroom units—997 sq. ft., 1115 sq. ft., published in order to comply with the 800–927–7588 for detailed instructions and 1011 sq. ft., needs rehab, presence of December 12, 1988 Court Order in or write a letter to Clifforn Taffet at the asbestos/lead paint National Coalition for the Homeless v. address listed at the beginning of this GSA Number: 4–N–MD–601 Veterans Administration, No. 88–2503– Notice. Included in the request for Massachusetts OG (D.D.C.). review should be the property address Cross Terrace Properties reviewed are listed in this (including zip code), the date of S. Weymouth Naval Air Station Notice according to the following publication in the Federal Register, the S. Weymouth Co: MA
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Landholding Agency: GSA Property Number: 61200110006 Arizona Property Number: 54200110004 Status: Excess Old Ranger House Status: Excess Comment: 1121 sq. ft., presence of asbestos, Admin Site Comment: 5 one story, 2 bedroom duplex most recent use—residential, off-site use Alpine Co: Apache AZ 85920– housing units, needs rehab, off-site use only Landholding Agency: Agriculture only Virginia Property Number: 15200110001 GSA Number: 1–U–MA–860 Status: Unutilized Bldgs. SP–79/80/81/79AQ USCG Air Station Reason: Extensive deterioration Cape Cod Co: Barnstable MA Naval Station District of Columbia Landholding Agency: GSA Norfolk Co: VA 23511– Property Number: 54200110005 Landholding Agency: Navy Bldg. A–092 Status: Underutilized Property Number: 77200110034 Naval Station Anacostia Comment: 60—2 & 3 bedroom housing units, Status: Excess Washington Co: DC 20374– may be difficulty in moving foundation, Comment: Most recent use—residential & Landholding Agency: Navy off-site use only detachable garage, high maintenance, Property Number: 77200110046 GSA Number: 1–U–MA–859 presence of asbestos, off-site use only Status: Underutilized Reason: Secured Area Mississippi West Virginia Florida Quarters #162 Beckley Fed. Bldg. Natchez Trace Pkwy 400 Neville Street Bldg. 183 162 Trace Circle Beckley Co: Raleigh WV 25801– Naval Air Station Ridgeland Co: Madison MS 39157– Landholding Agency: GSA Pensacola Co: Escambia FL 32508– Landholding Agency: Interior Property Number: 54200110002 Landholding Agency: Navy Property Number: 61200110001 Status: Excess Property Number: 77200110019 Status: Excess Comment: 2-story, good condition, presence Status: Unutilized Comment: 1121 sq. ft., presence of asbestos, of asbestos—pipes GSA Number: 4–G– Reason: Secured Area most recent use—residential, off-site use WV–538 Bldg. 494 only Naval Air Station Quarters #167 Land (by State) Pensacola Co: Escambia FL 32508– Natchez Trace Pkwy Missouri Landholding Agency: Navy Property Number: 77200110020 Rt. 1, Box 46A Improved Land Status: Unutilized Port Gibson Co: Claiborne MS 39150– St. Louis Army Ammunition Reason: Secured Area Landholding Agency: Interior Plant Property Number: 61200110002 4800 Goodfellow Blvd. Bldg. 647 Status: Excess St. Louis Co: MO 63120–1798 Naval Air Station Comment: 1414 sq. ft., presence of asbestos, Landholding Agency: GSA Pensacola Co: Escambia FL 32508– most recent use—residential, off-site use Property Number: 54200110007 Landholding Agency: Navy only Status: Surplus Property Number 77200110021 Status: Unutilized Quarters #257 Comment: 21 acres w/2 large bldgs. and Reason: Secured Area Natchez Trace Pkwy numerous small bldgs. situated on 13 Star Route Box 14 acres, 5 acres = parking lot and streets, Bldg. 649B Carlisle Co: Claiborne MS 39049– presence of asbestos/lead paint, clean-up Naval Air Station Landholding Agency: Interior required to state regulator standards Pensacola Co: Escambia FL 32508– Property Number: 61200110003 GSA Number: 000000 Landholding Agency: Navy Status: Excess Property Number: 77200110022 Comment: 1415 sq. ft., presence of asbestos, Unsuitable Properties Status: Unutilized most recent use—residential, off-site use Reason: Secured Area Buildings (by State) only Bldg. 679 Quarters #182 Alaska Naval Air Station Natchez Trace Pkwy Bldg. 23 Pensacola Co: Escambia FL 32508– Kosciusko Co: Atalla MS 39090– USCG Integrated Support Landholding Agency: Navy Landholding Agency: Interior Command Property Number: 77200110023 Property Number: 61200110004 Kodak Co: Kodiak Island AK 99619– Status: Unutilized Status: Excess Landholding Agency: DOT Reason: Secured Area Comment: 1121 sq. ft., presence of asbestos, Property Number: 87200110009 Bldg. 692 most recent use—residential, off-site use Status: Excess Naval Air Station only Reason: Extensive deterioration Pensacola Co: Escambia FL 32508– Quarters #197 Bldg. 25 Landholding Agency: Navy Natchez Trace Pkwy USCG Integrated Support Property Number: 77200110024 Rt. 1 Command Status: Unutilized Mantee Co: Chickasaw MS 39751– Kodiak Co: Kodiak Island AK 99619– Reason: Secured Area Landholding Agency: Interior Landholding Agency: DOT Bldg. 755 Property Number: 61200110005 Property Number: 87200110010 Naval Air Station Status: Excess Status: Excess Pensacola Co: Escambia FL 32508– Comment: 1121 sq. ft., presence of asbestos, Reason: Extensive deterioration Landholding Agency: Navy most recent use—residential, off-site use Bldg. 53 Property Number: 77200110025 only USCG Integrated Support Status: Unutilized Reason: Secured Area Buildings (by State) Command Kodiak Co: Kodiak Island AK 99619– Bldg. 785 Tennessee Landholding Agency: DOT Naval Air Station Quarters #169 Property Number: 87200110011 Pensacola Co: Escambia FL 32508– Natchez Track Pkwy Status: Excess Landholding Agency: Navy Meriwether Lewis Rd. Reason: Within 2000 ft. of flammable or Property Number: 77200110026 Hohenwald Co: Lewis TN 38462– explosive material; Secured Area; Status: Unutilized Landholding Agency: Interior Extensive deterioration Reason: Secured Area
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Bldg. 1704 Virginia Parcel 14 Naval Air Station Bldg. 4078, PR#201819 Naval Base Pensacola Co: Escambia FL 32508– Naval Amphibious Base Port Hueneme Co: Ventura CA 93043–4300 Landholding Agency: Navy Virginia Beach Co: VA 23455– Landholding Agency: Navy Property Number: 77200110027 Landholding Agency: Navy Property Number: 77200110045 Status: Unutilized Property Number: 77200110035 Status: Underutilized Reason: Secured Area Status: Unutilized Reason: Secured Area Bldg. 3448 Reason: Extensive deterioration [FR Doc. 01–3235 Filed 2–8–01; 8:45 am] Naval Air Station Foot Bridge BILLING CODE 4210–29–M Pensacola Co: Escambia FL 32508– Naval Medical Center Landholding Agency: Navy Portsmouth Co: VA 23708–2197 Property Number: 77200110028 Landholding Agency: Navy Status: Unutilized Property Number: 77200110036 Reason: Secured Area DEPARTMENT OF THE INTERIOR Status: Unutilized Bldg. 3579 Reasons: Floodway; Secured Area Naval Air Station Fish and Wildlife Service Pensacola Co: Escambia FL 32508– Land (by State) Landholding Agency: Navy California Endangered and Threatened Species Property Number: 77200110029 Permit Applications Status: Unutilized Parcel 3 Reason: Secured Area Naval Base ACTION: Notice of receipt of applications. Port Hueneme Co: Ventura CA 93043–4300 Bldg. 3673 Landholding Agency: Navy Naval Air Station SUMMARY: The following applicants have Property Number: 77200110037 applied for a scientific research permit Pensacola Co: Escambia FL 32508– Status: Underutilized Landholding Agency: Navy Reason: Secured Area to conduct certain activities with Property Number: 77200110030 endangered species pursuant to section Parcel 4 Status: Unutilized 10(a)(1)(A) of the Endangered Species Reason: Secured Area Naval Base Port Hueneme Co: Ventura CA 93043–4300 Act of 1973, as amended (16 U.S.C. Bldg. 3823 Landholding Agency: Navy 1531, et seq.). Naval Air Station Property Number: 77200110038 Pensacola Co: Escambia FL 32508– Status: Underutilized Permit No. TE–036436 Landholding Agency: Navy Reason: Secured Area Property Number: 77200110031 Applicant: Environmental Planning Status: Unutilized Parcel 7 Group, Tucson, Arizona. Reason: Secured Area Naval Base Applicant requests authorization to Port Hueneme Co: Ventura CA 93043–4300 Bldg. 3824 conduct presence/absence surveys for Landholding Agency: Navy Naval Air Station the cactus ferruginous pygmy-owl Property Number: 77200110039 Pensacola Co: Escambia FL 32508– (Glaucidium brasilianum cactorum) and Status: Underutilized Landholding Agency: Navy the southwestern willow flycatcher Property Number: 77200110032 Reason: Secured Area Parcel 8 (Empidonax traillii extimus) within Status: Unutilized Arizona. Reason: Secured Area Naval Base Port Hueneme Co: Ventura CA 93043–4300 Oregon Permit No. TE–36912 Landholding Agency: Navy Bldg. Property Number: 77200110040 Applicant: Tohono O’Odham Nation, 366 E. Hurlburt Status: Underutilized Sells, Arizona. Hermiston Co: Umatilla OR 97838– Reason: Secured Area Applicant requests authorization to Landholding Agency: Interior Parcel 10 conduct presence/absence surveys for Property Number: 61200110007 Naval Base the cactus ferruginous pygmy-owl Status: Unutilized Port Hueneme Co: Ventura CA 93043–4300 Reason: Extensive deterioration (Glaucidium brasilianum cactorum), Landholding Agency: Navy and the southwestern willow flycatcher South Carolina Property Number: 77200110041 Status: Underutilized (Empidonax traillii extimus) on the 36 Bldgs. Tohono O’Odham Nation in Arizona. Naval Weapons Station Reason: Secured Area Charleston Parcel 11 Permit No. TE–37118 Goose Creek Co: Berkeley SC 29445– Naval Base Location: 34, 47, 63, 67, 203, 276, 297, 306, Port Hueneme Co: Ventura CA 93043–4300 Applicant: Scott E. Carroll, Tucson, 334, 350, 370, 383, 435, 725, 798, 806, 823, Landholding Agency: Navy Arizona. 844, 905, 906, 907, 912, 915, 919, 920, 923, Property Number: 77200110042 Applicant requests authorization to 924, 948, 954, 992, 2333, 2334, 3232, 3741, Status: Underutilized conduct presence/absence surveys for 3761, 454 Reason: Secured Area the cactus ferruginous pygmy-owl Landholding Agency: Navy Parcel 12 (Glaucidium brasilianum cactorum) in Property Number: 77200110033 Naval Base Status: Excess Maricopa, Pinal, Pima, Cochise, Port Hueneme Co: Ventura CA 93043–4300 Reason: Within 200 ft. of flammable or Graham, Gila, Greenlee, Santa Cruz, and Landholding Agency: Navy explosive material; Secured Area Yuma Counties, Arizona. Property Number: 77200110043 Texas Status: Underutilized Permit No. TE–37684 Reason: Secured Area Facility 119 Applicant: Jay K. Esler, Tucson, Naval Air Station Parcel 13 Arizona. Naval Base Corpus Christi Co: Nueces TX 78419–5021 Applicant requests authorization for Landholding Agency: Navy Port Hueneme Co: Ventura CA 93043–4300 Property Number: 77200110047 Landholding Agency: Navy recovery purposes to conduct presence/ Status: Excess Property Number: 77200110044 absence surveys for the cactus Reasons: Within airport runway clear zone; Status: Underutilized ferruginous pygmy-owl (Glaucidium Secured Area; Extensive deterioration Reason: Secured Area brasilianum cactorum) in Arizona.
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Permit No. TE–10472 vespera),and (Rhadine exilis), (Rhadine DEPARTMENT OF THE INTERIOR Applicant: Geo-Marine, Inc., Newport infernalis), (Cicurina venii), no common National Park Service News, Virginia. names, in Bexar County, Texas. Applicant requests authorization to Permit No. TE–038052 Notice of Availability of Environmental conduct presence/absence surveys for Assessment (EA) for Suitland Parkway the black-capped vireo (Vireo Applicant: USDA Natural Resources ‘‘Emergency’’ Tree Pruning to Remove atricapillus) and golden-cheeked Conservation Center, Tucson, Arizona. Obstructions to the Andrews Air Force warbler (Dendroica chrysoparia) in Applicant requests authorization for Base West Runway various Texas Counties. recovery purposes to conduct presence/ Permit No. TE–37780 absence surveys for the cactus ACTION: Notice of availability of ferruginous pygmy-owl (Glaucidium Environmental Assessment for Suitland Applicant: Northwestern Resources Parkway ‘‘Emergency’’ Tree Pruning to Co., Jewett, Texas. brasilianum cactorum) in Pima, Santa Cruz, Pinal, Maricopa, Graham, Gila, Remove Obstructions to the Andrews Applicant requests authorization for Air Force Base West Runway. research and recovery purposes to and Cochise Counties, Arizona. conduct presence/absence surveys, Permit No. TE–038055 SUMMARY: Pursuant to the National conduct activities around the nest Environmental Policy Act (NEPA), habitat area, and relocate nests Applicant: University of New Mexico, Council on Environmental Quality occurring in active mine areas for the Museum of Southwestern Biology, regulations, and NPS guidance, the interior least tern (Sterna antillarum Albuquerque, New Mexico. National Park Service (NPS) prepared an athalassos) in Leon, Limestone, and EA for an ‘‘Emergency’’ tree pruning on Applicant requests authorization for Freestone counties, Texas. Suitland Parkway, Prince George’s research and recovery purposes to Permit No. TE–37789 County, Maryland to remove collect Rio Grande silvery minnow obstructions to Andrews Air Force Base Applicant: Helen Yard, Flagstaff, (Hybognathus amarus) fin clips in West runway. Arizona. Sandoval, Bernalillo, Valencia, and This notice announces availability of Applicant requests authorization for Socorro Counties, New Mexico. an EA on this subject for public review. recovery purposes to conduct presence/ DATES: Written comments on these This EA is not intended to negate or absence surveys for the southwestern replace in any way a larger and more willow flycatcher (Empidonax traillii permit applications must be received on or before March 12, 2001. complex environmental document being extimus) in Arizona, New Mexico, Utah, prepared by the U.S. Air Force (USAF) California, and Nevada. ADDRESS: Written data or comments and the NPS, to deal with the issue of Permit No. TE–038048 should be submitted to the Chief, long term runway landing concerns Endangered Species Division, Ecological involving Suitland Parkway and Applicant: Robert H. Perrill, Tucson, Services, P.O. Box 1306, Albuquerque, Andrews Air Force Base (AAFB). Arizona. New Mexico 87103; Fax (505) 248–6788. Applicant requests authorization for The USAF has requested that the Documents will be available for public recovery purposes to conduct presence/ National Park Service lower the canopy inspection by written request, by absence surveys for the cactus heights at several areas at the eastern ferruginous pygmy-owl (Glaucidium appointment only, during normal end of the Suitland Parkway, Prince brasilianum cactorum) in Pima County, business hours (8:00 to 4:30) at the U.S. George’s County, Maryland in order that Arizona. Fish and Wildlife Service, Albuquerque, they may utilize the southern approach New Mexico. Please refer to the to the AAFB West runway during low Permit No. TE–038050 respective permit number for each visibility events (rain, fog, clouds). This Applicant: Trevor A. Hare, Tucson, application when submitting comments. approach is presently closed due to tree Arizona. All comments received, including obstructions occurring on park property. Applicant requests authorization for names and addresses, will become part The purpose of this emergency action is recovery purposes to conduct presence/ of the official administrative record and to eliminate the tree penetration into the absence surveys for the cactus may be made available to the public. 34:1 imaginary plane and allow the ferruginous pygmy-owl (Glaucidium USAF to reopen their runway approach, FOR FURTHER INFORMATION CONTACT: brasilianum cactorum) in Pima, Pinal, while minimizing the resulting effect on Santa Cruz, and Yuma Counties, Chief, Endangered Species Division, the appearance and health of the Arizona. Albuquerque, New Mexico, at the above Suitland Parkway trees, and the habitat address. Documents and other values they provide. Approximately 12 Permit No.’s TE–035143 and TE–800611 information submitted with these to 24 trees are presently penetrating in Applicant: James C. Cokendolpher, applications are available for review, the USAF imaginary 34:1 plane need to Lubbock, Texas and SWCA, Inc., subject to the requirements of the minimally pruned to reduce their Austin, Texas. Privacy Act and Freedom of Information height. Applicants request authorization for Act, by any party who submits a written NPS now makes this EA available to recovery purposes to conduct presence/ request for a copy of such documents the public for fifteen day from the absence surveys for the following Bexar within 30 days of the date of publication publication of the notice. Anyone may County invertebrates: Helotes mould of this notice, to the address above. submit a written comment. Any written beetle (Batrisodes venyivi), Robber comments NPS receives during this Baron Cave harvestman (Texella Stephen C. Helfert, review will be considered prior to cokendolpheri), Government Canyon Assistant Regional Director, Ecological making a decision and finding on this cave spider (Neoleptoneta microps), Services, Region 2, Albuquerque, New EA. Commentors are advised that, if Robber Baron cave spider (Cicurina Mexico. requested, the NPS is required to supply baronia), Madla’s cave spider (Cicurina [FR Doc. 01–3344 Filed 2–8–01; 8:45 am] to any requester, the names and madla), vesper cave spider (Cicurina BILLING CODE 4310–55–P addresses of the individuals providing
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comments. This EA analysis and its DEPARTMENT OF THE INTERIOR (3) Review Wildlife Proposals for public availability are pursuant to 2001. NEPA, and its regulations, and NPS National Park Service (4) Review Fish Proposals for 2001. authorities and guidance. (11) Review Draft Aniakchak National Announcement of Subsistence SUPPLEMENTARY INFORMATION: Requests Monument and Preserve Subsistence Resource Commission Meeting for copies of the EA, or for any Management Plan. additional information, should be AGENCY: National Park Service, Interior. (12) Election of SRC Chair and Vice Chair. directed to Ms. Susan Rudy, National ACTION: Announcement of Subsistence (13) Public and Agency Comments. Capital Parks-East, 1900 Anacostia Resource Commission meeting. Drive, SE, Washington, DC 20020, (14) SRC work session (draft Telephone: (202) 690–5164. SUMMARY: The Superintendent of proposals, letters, and recommendations). Dated: January 29, 2001. Aniakchak National Monument and the (15) Set time and place of next SRC John Hale, Chairperson of the Subsistence Resource Commission for Aniakchak National meeting. Superintendent, National Capital Parks-East. Monument announce a forthcoming (16) Adjournment. [FR Doc. 01–3409 Filed 2–8–01; 8:45 am] meeting of the Aniakchak National DATES: The meeting will begin at 9 a.m. BILLING CODE 4310–70–M Monument Subsistence Resource on Wednesday, February 7, 2001 and Commission. The following agenda conclude at approximately 6 p.m. Location: Community Subsistence DEPARTMENT OF THE INTERIOR items will be discussed: (1) Call to order. Building, Chignik Lake, Alaska. National Park Service (2) SRC Roll Call and Confirmation of FOR FURTHER INFORMATION CONTACT: Quorum. Mary McBurney at Phone (907) 257– Crossroads of the American (3) Welcome and Introductions. 2633, or Tom O’Hara, Subsistence Revolution Special Resource Study/ (4) Review and Adopt Agenda. Manager, Aniakchak National Environmental Assessment/Feasibility (5) Review and adopt minutes from Monument, P.O. Box 7, King Salmon, Study Public Meetings and Intent To the April 4, 2000 meeting. Alaska 99613. Phone (907) 246–2101. Publish (6) Commission Purpose. SUPPLEMENTARY INFORMATION: The (7) Status of Membership. AGENCY: National Park Service; Interior. Subsistence Resource Commissions are (8) Public and Agency Comments. authorized under Title VIII, Section 808, ACTION: Notice of Intent to Publish a (9) Old Business: of the Alaska National Interest Lands Special Resource Study/Environmental a. Status of Correspondence. Assessment/Feasibility Study. Conservation Act, Pub. L. 96–487, and (1) Federal Register Publication of the operate in accordance with the SUMMARY: This notice announces an NPS Roster Regulation. provisions of the Federal Advisory upcoming scoping meeting/open house (2) Customary Trade within Committees Act. Aniakchak National Monument and for the Crossroads of the American Ralph Tingey, Revolution and the intent to publish a Preserve. Acting Regional Director. Special Resource Study/Environmental (3) Trapping Furbearers with Firearm Assessment and Feasibility Study in within Aniakchak National Park Service [FR Doc. 01–3353 Filed 2–8–01; 8:45 am] association with the Crossroads of the Monument and Preserve. BILLING CODE 4310–70–P American Revolution. b. Status of Geographic Place Names Appropriation Bill H.R. 3194 directs Request. the Crossroads of the American c. Aniakchak National Monument and DEPARTMENT OF THE INTERIOR Preserve Commercial Visitor Services Revolution study. Open houses will be National Park Service held as part of the scoping process. Report. d. Status of SRC Hunting Program Further notice will be published in local Announcement of Subsistence Recommendations. newspapers when dates are set. Local Resource Commission meeting newspapers will include the Trenton (1) 97–1, Establish One-Year Times and Star Ledger among others. Minimum Residency Requirement for AGENCY: National Park Service, Interior. We encourage all who have an Resident Zone Communities. ACTION: Announcement of Subsistence interest to contact us by letter or (2) 97–2, Establish a Registration Resource Commission meeting. telephone. Further information about Permit Requirement within Aniakchak the Crossroads of the American National Preserve for Non-subsistence SUMMARY: The Subsistence Resource Revolution and the open houses can be Fish and Wildlife Harvest Activities. Commission for Lake Clark National obtained by contacting Linda Mead, (3) Draft Hunting Plan Park and Preserve has scheduled their Crossroads Project Leader, at 609–924– Recommendation 2000—1: Between meeting for February 15, 2001. The 4646. September 10–20, Establish a Corridor meeting will be held at the Park hangar FOR FURTHER INFORMATION CONTACT: in Aniakchak National Preserve Where in Port Alsworth, Alaska. The meeting Linda Mead, Project Leader, Crossroads NPS Would Limit Commercial Guide will commence at 10:00 am and of the American Revolution, 570 Mercer Party Size, Access and drop-off conclude that afternoon. The public is Road, Princeton, New Jersey 08540, Locations. welcome to attend. The following 609–924–4646. (10) New Business: agenda items will be discussed: a. October 2000 SRC Chairs Workshop (1) Call to order. Dated: January 23, 2001. Report. (2) Roll call-Confirm Quorum. Michael D. Henderson, b. Federal Subsistence Board Update. (3) Introductions. Superintendent, Morristown National Historic (1) Review Unit 9E Board Actions (4) Superintendent’s Welcome. Park. Taken during May 2000. (5) Additions, corrections and agenda [FR Doc. 01–3354 Filed 2–8–01; 8:45 am] (2) Bristol Bay Regional Council approval. BILLING CODE 4310–70–M Report. (6) Approval of SRC meeting minutes.
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(7) SRC Purpose and Role. DEPARTMENT OF THE INTERIOR adjourn at approximately 5 p.m. The (8) Status of Membership. meeting will adjourn earlier if the National Park Service (9) Report on October 2000 Chair agenda items are completed. Location: Gulkana Community Hall, Workshop Announcement of Subsistence Gulkana, Alaska. a. NPS Customary Trade Regulations. Resource Commission Meeting FOR FURTHER INFORMATION CONTACT: Devi b. Rule Making For 1 Year Resident AGENCY: National Park Service, Interior. Sharp, Resource Management Specialist, Zone Requirement. Wrangell-St. Elias National Park and ACTION: Announcement of Subsistence c. Revise SRC Charter to Allow Preserve, P.O. Box 439, Copper Center, Resource Commission meeting. Alternates. Alaska 99573. Phone (907) 822–5234. (10) Old Business. SUMMARY: The Superintendent of SUPPLEMENTARY INFORMATION: The a. Proposal #33 (Customary and Wrangell-St. Elias National Park and the Subsistence Resource Commission is Traditional Use Determination for Chairperson of the Subsistence Resource authorized under Title VIII, Section 808, Tuxedni Bay salmon). Commission announce a forthcoming of the Alaska National Interest Lands Conservation Act, Pub. L. 96–487, and (11) New Business. meeting of the Wrangell-St. Elias National Park Subsistence Resource operates in accordance with the a. Update on 2001–2002 Federal Commission. The following agenda provisions of the Federal Advisory Subsistence Board Proposals. items will be discussed: Committees Act. (1) Proposal #1 and #2 Statewide- (1) Call to Order (Chairman). Paul Anderson, Definitions. (2) Roll Call: Confirmation of Deputy Regional Director. (2) Proposal #16 Unit 9B–C & T. Quorum. [FR Doc. 01–3352 Filed 2–8–01; 8:45 am] (3) Introduction of Commission (3) Proposal #19 Unit 9B–Sheep. BILLING CODE 4310–70–P b. Federal Subsistence Fisheries members, staff, and guests. Report. (4) Review Agenda. (5) Review and approval of minutes DEPARTMENT OF THE INTERIOR (12) Lake Clark National Park and from November 3–4, 2000 meeting. Preserve Report. (6) Superintendent’s welcome and National Park Service a. Subsistence Program Report. review of the Commission purpose. b. Resource Program Report. (7) Commission membership status. Notice of Intent to Repatriate Cultural (13) Agency Reports and Public (8) Election of Chair and Vice Chair. Items in the Possession of the Comments. (9) Public and other agency Cranbrook Institute of Science, comments. Bloomfield Hills, MI (14) SRC Work Session-Prepare (10) Superintendent’s report. correspondence/recommendations. AGENCY: National Park Service. (11) Old Business: (15) Set time and place of next a. Proposal to change Unit 11 sheep ACTION: Notice. meeting. regulations. Notice is hereby given under the (16) Adjournment. b. Subsistence Hunting Program Native American Graves Protection and DATES: The meeting will begin at 10:00 Recommendation 97–01: establish Repatriation Act, 43 CFR 10.10 (a)(3), of a.m. on Thursday, February 15, 2001 minimum residency requirement for the intent to repatriate cultural items in and conclude around 4:30 p.m. resident zone communities. the possession of the Cranbrook c. SRC Chairs Customary Trade Location: The meeting will be held at Institute of Science that meet the concerns. definition of ‘‘sacred objects’’ under the Park Service hangar, Port Alsworth, d. Status of Malaspina Forelands ATV Alaska Phone (907) 781–2218. Section 2 of the Act. study project. This notice is published as part of the FOR FURTHER INFORMATION CONTACT: Lee e. Alternate SRC members. National Park Service’s administrative Fink, Chief of Operations, 4230 (12) Wrangell-St. Elias National Park responsibilities under NAGPRA, 43 CFR University Drive, Suite 311, Anchorage, and Preserve staff report 10.2 (c). The determinations within this Alaska 99508 Phone (907) 271–3751 or a. Wildlife report. notice are the sole responsibility of the Karen Stickman, Subsistence b. Fisheries report. museum, institution, or Federal agency Coordinator, 1 Park Place, Port (13) New Business: that has control of these cultural items. Alsworth, Alaska 99653 Phone (907) a. Update on Federal Fish The National Park Service is not 781–2218. Management and Resource Monitoring. responsible for the determinations SUPPLEMENTARY INFORMATION: The b. Review of 2001–2002 Federal within this notice. Subsistence Resource Commission is Subsistence Board Wildlife proposals. The two cultural items are a Hopi authorized under Title VIII, Section 808, (14) Public and other agency Kachina Initiation altar and a Hopi of the Alaska National Interest Lands comments. Water Serpent altar. The Kachina Conservation Act, Pub. L. 96–487 and (15) Subsistence Resource Initiation altar consists of a plaster sand operate in accordance with provisions Commission work session to develop painting for the floor and is of the Federal Advisory Committees proposals/finalize recommendations. accompanied by eight groups of altar Act. Note that under the Freedom of (16) Set time and place of next adornment, including eagle feathers, Information Act (FOIA), transcripts of Subsistence Resource Commission ears of colored corn, stone celts, a any person giving public comments may meeting. wooden weaving implement, and shell be made available under a FOIA request. (17) Adjourn meeting. and stone beads. The Water Serpent DATES: The meeting will begin at 9 a.m. altar consists of a large canvas screen Ralph Tingey, on Tuesday, February 20, 2001, and divided into four panels of painted Acting Regional Director. conclude at approximately 5 p.m. The images. Four carved snakes or ‘‘water [FR Doc. 01–3351 Filed 2–8–01; 8:45 am] meeting will reconvene at 9 a.m. on serpents’’ extend outward in front of the BILLING CODE 4310–70–P Wednesday, February 21, 2001, and altar screen.
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The Hopi Kachina Initiation altar and DEPARTMENT OF THE INTERIOR individuals are identified. The 11 the Hopi Water Serpent altar were associated funerary objects are pottery purchased by Cranbrook Institute of National Park Service bowls and sherds. Science in 1933 from the estate of Sir Based on material culture, Henry Wellcome, who obtained the Notice of Inventory Completion for architecture, and site organization, site altars from the Field Museum of Natural Native American Human Remains and History in Chicago, IL, following an Associated Funerary Objects in the LA 282 has been identified as an exhibit. The 2 altars belonged to a series Control of the U.S. Department of Anasazi pueblo occupied between C.E. of 12 Hopi altars constructed by Hopi Interior, Bureau of Land Management, 1300–1600. priests and artists specifically for the New Mexico State Office, Santa Fe, NM Continuities of ethnographic Field Museum exhibit. AGENCY: National Park Service, Interior. materials, technology, and architecture Information provided with the altars ACTION: Notice. indicate affiliation of Anasazi sites in at the time of purchase describes the this area of New Mexico with historic Field Museum exhibit and the Notice is hereby given in accordance and present-day Puebloan cultures. Oral circumstances of the priests’ and artists’ with provisions of the Native American traditions presented by representatives commission to construct the altars at the Graves Protection and Repatriation Act of the Pueblo of Isleta, New Mexico Field Museum from components that (NAGPRA), 43 CFR 10.9, of the indicate cultural affiliation with the had been prefabricated in Arizona. completion of an inventory of human Anasazi sites in this portion of New Description of the ceremonies and the remains and associated funerary objects Mexico. items used in the ceremonies are in the control of the U.S. Department of addressed in anthropology literature, Interior, Bureau of Land Management, Based on the above-mentioned such as Hopi Kachina, by E. A. Kennard, New Mexico State Office, Santa Fe, NM. information, officials of the New Mexico The Kachina and the White Man, by This notice is published as part of the State Office of the Bureau of Land Frederick Dockstader, and in the text National Park Service’s administrative Management have determined that, that accompanied the original exhibit. responsibilities under NAGPRA, 43 CFR pursuant to 43 CFR 10.2 (d)(1), the Based on the above-mentioned 10.2 (c). The determinations within this human remains listed above represent information, officials of the Cranbrook notice are the sole responsibility of the the physical remains of eight Educational Community, parent museum, institution, or Federal agency individuals of Native American organization for Cranbrook Institute of that has control of these Native ancestry. Officials of the New Mexico Science, have determined that, pursuant American human remains and State Office of the Bureau of Land to 43 CFR 10.2 (d)(3), these cultural associated funerary objects. The Management also have determined that, items are specific ceremonial objects National Park Service is not responsible pursuant to 43 CFR 10.2 (d)(2), the 11 needed by traditional Native American for the determinations within this objects listed above are reasonably religious leaders for the practice of notice. believed to have been placed with or traditional Native American religions by A detailed assessment of the human near individual human remains at the their present-day adherents. Officials of remains was made by the University of the Cranbrook Institute of Science also time of death or later as part of the death Colorado Museum, Eastern New Mexico rite or ceremony. Lastly, officials of the have determined that, pursuant to 43 University, the Maxwell Museum of CFR 10.2 (e), there is a relationship of New Mexico State Office of the Bureau Anthropology (University of New of Land Management have determined shared group identity that can be Mexico), the New Mexico State reasonably traced between these that, pursuant to 43 CFR 10.2 (e), there University Museum, the Museum of is a relationship of shared group cultural items and the Hopi Tribe of New Mexico, the San Juan County Arizona. identity that can be reasonably traced Museum, and Bureau of Land This notice has been sent to officials between these Native American human Management professional staff in of the Hopi Tribe of Arizona. remains and associated funerary objects consultation with representatives of the Representatives of any other Indian tribe and the Pueblo of Isleta, New Mexico Hopi Tribe of Arizona; the Navajo that believes itself to be culturally and Ysleta del Sur Pueblo of Texas. This Nation, Arizona, New Mexico, and affiliated with these cultural items notice has been sent to officials of the Utah; the Pueblo of Acoma, New should contact Michael Stafford, Ph.D., Hopi Tribe of Arizona; the Navajo Mexico; the Pueblo of Jemez, New Curator of Anthropology and Head of Mexico; the Pueblo of Isleta, New Nation, Arizona, New Mexico, and Science Department, Cranbrook Institute Mexico; the Pueblo of San Ildefonso, Utah; the Pueblo of Acoma, New of Science, 39221 Woodward Avenue, New Mexico; the Pueblo of Zia, New Mexico; the Pueblo of Jemez, New Bloomfield Hills, MI 48303-0801, Mexico; the Pueblo of Isleta, New telephone (248) 645-3223, before March Mexico; and the Zuni Tribe of the Zuni Reservation. Mexico; the Pueblo of San Ildefonso, 12, 2001. Repatriation of these cultural New Mexico; the Pueblo of Zia, New items to the Hopi Tribe of Arizona may In 1981, human remains representing eight individuals were recovered from Mexico; and the Zuni Tribe of the Zuni begin after that date if no additional Reservation. Representatives of any claimants come forward. site LA 282 in New Mexico during legally authorized excavations and other Indian tribe that believes itself to Dated: January 24, 2001. collections conducted by the be culturally affiliated with these John Robbins, Archeological Field School of the human remains and associated funerary Assistant Director, Cultural Resources University of New Mexico. These objects should contact Stephen L. Stewardship and Partnerships. human remains are presently curated at Fosberg, State Archeologist and [FR Doc. 01–3357 Filed 2–8–01; 8:45 am] the Maxwell Museum of Anthropology, NAGPRA Coordinator, New Mexico BILLING CODE 4310–70–F University of New Mexico. No known State Office, Bureau of Land
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Management, 1474 Rodeo Road, Santa known individual was identified. No ACTION: Institution of investigation Fe, NM 87502–0115, telephone (505) associated funerary objects are present. pursuant to 19 U.S.C. 1337. 438–7415, before March 12, 2001. Peabody Museum documentation Repatriation of the human remains and describes the individual as an ‘‘Osage SUMMARY: Notice is hereby given that a associated funerary objects to the Pueblo chief.’’ The attribution of such a specific complaint was filed with the U.S. of Isleta, New Mexico; and Ysleta del cultural affiliation to the human International Trade Commission on Sur Pueblo of Texas may begin after that remains indicates that the interment January 5, 2001, under section 337 of date if no additional claimants come postdates sustained contact between the Tariff Act of 1930, as amended, 19 forward. indigenous groups and Europeans U.S.C. 1337, on behalf of Minnesota Dated: January 25, 2001. beginning in the 17th century in Mining & Manufacturing Co., of St. Paul, John Robbins, traditional Osage territory. Arkansas, Minnesota, and Ultimate Abrasive where the human remains were Assistant Director, Cultural Resources Systems, L.L.C., of Atlanta, Georgia. A collected, includes part of traditional Stewardship and Partnerships. supplement to the complaint was filed Osage territory. Oral tradition and [FR Doc. 01–3355 Filed 2–8–01; 8:45 am] on January 18, 2001. The complaint, as historic evidence support the cultural supplemented, alleges violations of BILLING CODE 4310–70–F affiliation with the Osage Tribe, section 337 in the importation into the Oklahoma. United States, the sale for importation, DEPARTMENT OF THE INTERIOR Based on the above-mentioned information, officials of the Peabody and the sale within the United States after importation of certain abrasive National Park Service Museum of Archaeology and Ethnology have determined that, pursuant to 43 products made using a process for Notice of Inventory Completion for CFR 10.2(d)(1), the human remains making powder preforms, and products Native American Human Remains and listed above represent the physical containing same, by reason of Associated Funerary Objects in the remains of one individual of Native infringement of claim 1 of U.S. Letters Possession of the Peabody Museum of American ancestry. Officials of the Patent 5,620,489. The complaint further Archaeology and Ethnology, Harvard Peabody Museum of Archaeology and alleges that an industry in the United University, Cambridge, MA Ethnology also have determined that, States exists as required by subsection pursuant to 43 CFR 10.2(e), there is a (a)(2) of section 337. AGENCY: National Park Service, Interior. relationship of shared group identity The complainants request that the ACTION: Notice. that can be reasonably traced between Commission institute an investigation Notice is hereby given in accordance these Native American human remains and, after the investigation, issue a with provisions of the Native American and the Osage Tribe, Oklahoma. permanent exclusion order and a Graves Protection and Repatriation Act This notice has been sent to officials permanent cease and desist order. (NAGPRA), 43 CFR 10.9, of the of the Osage Tribe, Oklahoma. Representatives of any other Indian tribe ADDRESSES: The complaint and completion of an inventory of human supplement, except for any confidential remains and associated funerary objects that believes itself to be culturally affiliated with these human remains information contained therein, are in the possession of the Peabody available for inspection during official Museum of Archaeology and Ethnology, should contact Barbara Isaac, Repatriation Coordinator, Peabody business hours (8:45 a.m. to 5:15 p.m.) Harvard University, Cambridge, MA. in the Office of the Secretary, U.S. This notice is published as part of the Museum of Archaeology and Ethnology, International Trade Commission, 500 E National Park Service’s administrative Harvard University, 11 Divinity Avenue, Street, SW., Room 112, Washington, DC responsibilities under NAGPRA, 43 CFR Cambridge, MA 02138, telephone (617) 20436, telephone 202–205–2000. 10.2(c). The determinations within this 495–2554, before March 12, 2001. Hearing-impaired individuals are notice are the sole responsibility of the Repatriation of the human remains to advised that information on this matter museum, institution, or Federal agency the Osage Tribe, Oklahoma may begin that has control of these Native after that date if no additional claimants can be obtained by contacting the American human remains and come forward. Commission’s TDD terminal on 202– associated funerary objects. The Dated: January 24, 2001. 205–1810. Persons with mobility National Park Service is not responsible John Robbins, impairments who will need special assistance in gaining access to the for the determinations within this Assistant Director, Cultural Resources notice. Stewardship and Partnerships. Commission should contact the Office of the Secretary at 202–205–2000. A detailed assessment of the human [FR Doc. 01–3356 Filed 2–8–01; 8:45 am] General information concerning the remains was made by Peabody Museum BILLING CODE 4310–70–M of Archaeology and Ethnology Commission may also be obtained by professional staff in consultation with accessing its internet server (http:// representatives of the Osage Tribe, www.usitc.gov). Oklahoma. INTERNATIONAL TRADE FOR FURTHER INFORMATION CONTACT: Between 1844 and 1866, human COMMISSION remains representing one individual Benjamin D.M. Wood, Esq., Office of [Investigation No. 337–TA–449] were collected from an unknown Unfair Import Investigations, U.S. location in Arkansas by any of the International Trade Commission, In the Matter of Certain Abrasive telephone 202–205–2582. following: Horace Mann, the Medical Products Made Using a Process for Improvement Society, or Jeffries Making Powder Preforms, and Authority: The authority for institution of Wyman. Products Containing Same; Notice of this investigation is contained in section 337 These human remains were sold to Investigation of the Tariff Act of 1930, as amended, and the Boston Society of Natural History, in section 210.10 of the Commission’s Rules Boston, MA, which donated the remains AGENCY: U.S. International Trade of Practice and Procedure, 19 CFR 210.10 to the Peabody Museum in 1916. No Commission. (2000).
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Scope of Investigation Failure of a respondent to file a timely ADDRESSES: The complaint, except for Having considered the complaint, the response to each allegation in the any confidential information contained U.S. International Trade Commission, complaint and in this notice may be therein, is available for inspection on February 5, 2001, Ordered That— deemed to constitute a waiver of the during official business hours (8:45 a.m. (1) Pursuant to subsection (b) of right to appear and contest the to 5:15 p.m.) in the Office of the section 337 of the Tariff Act of 1930, as allegations of the complaint and this Secretary, U.S. International Trade amended, an investigation be instituted notice, and to authorize the Commission, 500 E Street, SW., Room to determine whether there is a administrative law judge and the 112, Washington, DC 20436, telephone violation of subsection (a)(1)(B) of Commission, without further notice to 202–205–2000. Hearing-impaired section 337 in the importation into the the respondent, to find the facts to be as individuals are advised that information United States, the sale for importation, alleged in the complaint and this notice on this matter can be obtained by or the sale within the United States after and to enter both an initial contacting the Commission’s TDD importation of certain abrasive products determination and a final determination terminal on 202–205–1810. Persons made using a process for making containing such findings, and may with mobility impairments who will powder preforms, or products result in the issuance of a limited need special assistance in gaining access containing same, by reason of exclusion order or a cease and desist to the Commission should contact the infringement of claim 1 of U.S. Letters order or both directed against such Office of the Secretary at 202–205–2000. Patent 5,620,489, and whether an respondent. General information concerning the industry in the United States exists as Issued: February 6, 2001. Commission may be obtained by required by subsection (a)(2) of section By order of the Commission. accessing its internet server (http:// www.usitc.gov). 337. Donna R. Koehnke, (2) For the purpose of the Secretary. FOR FURTHER INFORMATION CONTACT: Juan investigation so instituted, the following [FR Doc. 01–3400 Filed 2–8–01; 8:45 am] Cockburn, Esq., Office of Unfair Import are hereby named as parties upon which BILLING CODE 7020–02–P Investigations, U.S. International Trade this notice of investigation shall be Commission, telephone 202–205–2572. served: Authority: The authority for institution of (a) The complainants are— INTERNATIONAL TRADE this investigation is contained in section 337 Minnesota Mining & Manufacturing Co., COMMISSION of the Tariff Act of 1930, as amended, and 3M Center, St. Paul, Minnesota 55144 in § 210.10 of the Commission’s rules of [Inv. No. 337–TA–448] Ultimate Abrasive Systems, L.L.C., 2900 practice and procedure, 19 CFR 210.10 Lookout Place, Atlanta, Georgia 30305 In the Matter of Certain Oscillating (2000). (b) The respondents are the following Sprinklers, Sprinkler Components, and Scope of Investigation companies alleged to be in violation of Nozzles; Notice of Investigation section 337, and are the parties upon Having considered the complaint, the which the complaint is to be served: AGENCY: U.S. International Trade U.S. International Trade Commission, Commission. on February 2, 2001, ordered that— Kinik Company, 10 Yenping South ACTION: Road, Chung Chen District, Taipei, Institution of investigation (1) Pursuant to subsection (b) of Taiwan pursuant to 19 U.S.C. 1337. section 337 of the Tariff Act of 1930, as amended, an investigation be instituted Kinik Corporation, 3156 East La Palma SUMMARY: Notice is hereby given that a to determine whether there is a Avenue, Unit G, Anaheim, California complaint was filed with the U.S. 92806–2809 violation of subsection (a)(1)(B) of International Trade Commission on section 337 in the importation into the (c) Benjamin D.M. Wood, Esq., Office January 8, 2001, under section 337 of United States, the sale for importation, of Unfair Import Investigations, U.S. the Tariff Act of 1930, as amended, 19 or the sale within the United States after International Trade Commission, 500 E U.S.C. 1337, on behalf of L.R. Nelson importation of certain oscillating Street, SW., Room 401–I, Washington, Corporation. An amended complaint sprinklers, sprinkler components, and DC 20436, who shall be the Commission was filed on January 31, 2001. The nozzles by reason of infringement of investigative attorney, party to this complaint, as amended, alleges claims 1–4, 6–16, 18–21 or 22 of U.S. investigation; and violations of section 337 in the Letters Patent 6,036,117, claims 1–5, 9– (3) For the investigation so instituted, importation into the United States, the 11 or 14 of U.S. Letters Patent 5,511,727, the Honorable Debra Morriss is sale for importation, and the sale within or claims 44–49, 51–52 or 53 of U.S. designated as the presiding the United States after importation of Letters Patent 5,645,218, and whether administrative law judge. certain oscillating sprinklers, sprinkler there exists an industry in the United Responses to the complaint and the components, and nozzles that are States as required by subsection (a)(2) of notice of investigation must be allegedly covered by claims 1–4, 6–16 section 337. submitted by the named respondents in and 18–22 of U.S. Letters Patent accordance with section 210.13 of the 6,036,117, claims 1–5, 9–11 and 14 of (2) For the purpose of the Commission’s Rules of Practice and U.S. Letters Patent 5,511,727, and investigation so instituted, the following Procedure, 19 CFR 210.13. Pursuant to claims 44–49 and 51–53 of U.S. Letters are hereby named as parties upon which 19 CFR 201.16(d) and 210.13(a), such Patent 5,645,218. The complaint further this notice of investigation shall be responses will be considered by the alleges that there exists an industry in served: Commission if received no later than 20 the United States as required by (a) The complainant is—L.R. Nelson days after the date of service by the subsection (a)(2) of section 337. Corporation, One Sprinkler Lane, Commission of the complaint and notice The complainant requests that the Peoria, Illinois 61615. of investigation. Extensions of time for Commission institute an investigation (b) The respondents are the following submitting responses to the complaint and, after the investigation, issue a companies alleged to be in violation of will not be granted unless good cause permanent exclusion order and section 337, and are the parties upon therefor is shown. permanent cease and desist orders. which the complaint is to be served:
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Ruey Ryh Enterprise Co., Ltd., 133, An allegations of the complaint and this A. Background Hsi Street, An Hsi Village, Chang Hua notice, and to authorize the Hsien, Taiwan, Postcode 504 administrative law judge and the The Employment and Training Yuan Mei Group, No. 1, Lane 288, Sec. Commission, without further notice to Administration of the U.S. Department 1 Lu Ho Rd., Lu Kang, Chang Hua the respondent, to find the facts to be as of Labor (DOL) is the Federal Hsien, Taiwan alleged in the complaint and this notice government agency responsible for Amagine Garden, Inc., No. 21, Lane 409, and to enter both an initial implementing a national workforce Lu Ho Rd. Sec., Lu Kang Chen, Chang determination and a final determination security system that enables workers Hua Hsien, Taiwan containing such findings, and may and employers to compete and succeed Aqua Star Industries, Inc., 5775 Jurupa result in the issuance of a limited in an ever-changing economy. This is St., Ontario, California 91761 exclusion order or a cease and desist accomplished through the provision of Le Yuan Industrial Co., Ltd. No. 10 Fang order or both directed against such world-class labor market information, Tung Road, Rangyuan Hsiang, respondent. job search assistance, training, and Changhua, Taiwan unemployment insurance benefits, to Issued: February 5, 2001. manage the risks associated with Shin Da Spurt Water of Garden Tool By order of the Commission. Co., Ltd., No. 75, Koao Tsuoh Land, unemployment, declining income, and Donna R. Koehnke, Kiao Tauoh Li, Chang Hua Hsien, skill shortages. Its most recent effort, the Taiwan, Postcode 505 Secretary. implementation of the Workforce Melnor, Inc., One Carol Place, [FR Doc. 01–3342 Filed 2–8–01; 8:45 am] Investment Act, combines a variety of Moonachie, New Jersey 07074–1386 BILLING CODE 7020–02–P workforce development programs and Rain Bird Sprinkler Manufacturing initiatives under one umbrella—the Corp., 145 N. Grand St., Glendora, One-Stop System—to effectively serve California 91741–2469 the needs of job-seekers, workers, and Lego Irrigation Equipment, Kiryat DEPARTMENT OF LABOR employers in the changing workforce Nordau, Netanya, Israel development environment at the onset Employment and Training of the 21st century economy. Naan Sprinkler and Irrigation Systems, Administration Inc., Kibbutz Naan, 76829, Israel In light of major changes in the Orbit Irrigation Products, Inc., 845 N. 2001 National Research Conference; macro-economy that have taken place in Overland Road, North Salt Lake, Utah Call for Papers the areas of technological 84054 transformation, increasing globalization, Gardena Krest + Kastner GmbH, Hans- AGENCY: Employment and Training and changing demographics over recent Lorenserstrasse 40, D–89070 Ulm, Administration, Labor. years, and the resulting effects of rising Germany workforce insecurity, the Office of ACTION: Watex International Co., Ltd., 10, Chung Notice of request for Workforce Security, Employment and Shan Road, Min Shun Hsiang, information. Training Administration, will hold its Taiwan, first national research conference. The SUMMARY: This document requests (c) Juan Cockburn, Esq., Office of conference will focus on issues related empirical/non-empirical papers related to impacts, trends, and challenges of the Unfair Import Investigations, U.S. to workforce development issues for the International Trade Commission, 500 E macro-economy to workforce purpose of developing a comprehensive development, the significance of recent Street, S.W., Room 401–Q, Washington, agenda for a National Research D.C. 20436, who shall be the changes in workforce development, Conference to be convened in workforce competitiveness in global Commission investigative attorney, Washington, DC on June 26–27, 2001. party to this investigation; and economy, workforce security in our new (3) For the investigation so instituted, DATES: Papers submitted for inclusion in economy, and major policy options to the Honorable Paul J. Luckern is the agenda for the National Workforce promote economic opportunities for our designated as the presiding Security Research Conference must be workforce. administrative law judge. received by March 16, 2001. B. Information Requested Responses to the complaint and the ADDRESSES: Papers should be sent to the notice of investigation must be Office of Workforce Security, This is a call for empirical/non- submitted by the named respondents in Employment and Training empirical papers related to workforce accordance with § 210.13 of the Administration, U.S. Department of development issues. We are seeking Commission’s rules of practice and Labor, 200 Constitution Avenue, NW., recently completed papers and papers procedure, 19 CFR 210.13. Pursuant to Room S–4231, Washington, DC 20210. that will be completed prior to the 19 CFR 201.16(d) and 210.13(a) of the Attention: Esther R. Johnson. conference. We encourage contributions Commission’s rules, such responses will by researchers from academia, State or FOR FURTHER INFORMATION CONTACT: be considered by the Commission if local agencies, business organizations, received not later than 20 days after the Esther R. Johnson, Office of Workforce labor associations, research consulting date of service by the Commission of the Security, Employment and Training firms, and other organizations. Possible complaint and the notice of Administration, Room S–4231, U.S. topics may include, but are not limited investigation. Extensions of time for Department of Labor, Washington, DC to: submitting responses to the complaint 20210, Email [email protected], 1. Unemployment Insurance will not be granted unless good cause telephone (202) 693–3165. This is not a Program—(program administration, therefor is shown. toll-free number. To review previously benefit coverage, benefit duration, Failure of the respondent to file a published studies by the Office of benefit eligibility, contingent workers, timely response to each allegation in the Workforce Security, access benefit financing, economic complaint and in this notice may be via the Internet at http://wdr.doleta.gov/ stabilization, recipiency rate, contingent deemed to constitute a waiver of the owsdrr/. workers, dislocated workers, telephone right to appear and contest the SUPPLEMENTARY INFORMATION: remote claims);
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2. Employment Services—(labor Signed at Washington, DC, this 19th day of General wage determination exchange services, labor market January, 2001. decisions, and modifications and information and emerging labor Raymond L. Bramucci, supersedes decisions thereto, contain no markets, the role of labor market Assistant Secretary, Employment and expiration dates and are effective from intermediaries, worker profiling and Training Administration. their date of notice in the Federal reemployment services, the role of self- [FR Doc. 01–3394 Filed 2–8–01; 8:45 am] Register, or on the date written notice directed services, the role of the private BILLING CODE 4510–30–P is received by the agency, whichever is sector in training and reemployment earlier. These decisions are to be used services, and bridging the gap between in accordance with the provisions of 29 DEPARTMENT OF LABOR skills and employer needs); CFR Parts 1 and 5. Accordingly, the applicable decision, together with any 3. One-Stop System—(administration, Employment Standards Administration modifications issued, must be made a program linkages/connectivity, Wage and Hour Division part of every contract for performance of financing, innovative strategies for the described work within the Minimum Wages for Federal and providing services); geographic area indicated as required by Federally Assisted Construction; an applicable Federal prevailing wage 4. Assisting low-wage workers—(role General Wage Determination Decisions of workforce development system in law and 29 CFR Part 5. The wage rates assisting low-wage, female, and General wage determination decisions and fringe benefits, notice of which is informal sector labor force); of the Secretary of Labor are issued in published herein, and which are accordance with applicable law and are contained in the Government Printing 5. Welfare Reform—(impact on and Office (GPO) document entitled connection to workforce development based on the information obtained by the Department of Labor from its study ‘‘General Wage Determinations Issued programs); and of local wage conditions and data made Under The Davis-Bacon And Related 6. Technology and labor market—(role available from other sources. They Acts,’’ shall be the minimum paid by of Internet in job search and specify the basic hourly wage rates and contractors and subcontractors to employment services, labor market fringe benefits which are determined to laborers and mechanics. mobility, training, technology and job be prevailing for the described classes of Any person, organization, or creation). laborers and mechanics employed on governmental agency having an interest All papers submitted will be reviewed construction projects of a similar in the rates determined as prevailing is by a panel of DOL experts in the character and in the localities specified encouraged to submit wage rate and workforce development arena, and therein. fringe benefit information for presenters will be notified if their The determinations in these decisions consideration by the Department. Further information and self- papers are selected. Papers selected for of prevailing rates and fringe benefits have been made in accordance with 29 explanatory forms for the purpose of the conference will be published as part CFR Part 1, by authority of the Secretary submitting this data may be obtained by of our OWS Occasional Paper Series. of Labor pursuant to the provisions of writing to the U.S. Department of Labor, Travel and accommodation expenses for the Davis-Bacon Act of March 3, 1931, Employment Standards Administration, invited presenters will be paid by the as amended (46 Stat. 1494, as amended, Wage and Hour Division, Division of Office of Workforce Security. If 40 U.S.C. 276a) and of other Federal Wage Determinations, 200 Constitution interested, please submit your paper/ statutes referred to in 29 CFR Part 1, Avenue, N.W., Room S–3014, abstract in hard copy and diskette/CD Appendix, as well as such additional Washington, D.C. 20210. (Word Perfect or Word) by March 16, statutes as may from time to time be 2001. Papers should be doubled-spaced Modifications to General Wage enacted containing provisions for the Determination Decisions and single-sided. You will be notified payment of wages determined to be by April 4, 2001 if your paper is prevailing by the Secretary of Labor in The number of decisions listed in the selected; you will have to confirm your accordance with the Davis-Bacon Act. Government Printing Office document attendance by April 10, 2001. We also The prevailing rates and fringe benefits entitled ‘‘General Wage Determinations encourage submitting abstracts for determined in these decisions shall, in Issued Under the Davis-Bacon and papers that have not yet been accordance with the provisions of the related Acts’’ being modified are listed completed, but will be completed before foregoing statutes, constitute the by Volume and State. Dates of the deadline for submission of papers. minimum wages payable on Federal and publication in the Federal Register are Consistent with 5 CFR 1320.3(h)(4), this federally assisted construction projects in parentheses following the decisions is a general solicitation of information to laborers and mechanics of the being modified. specified classes engaged on contract from the general public. Volume I work of the character and in the C. Public Participation localities described therein. None. Good cause is hereby found for not The Conference will be held on June Volume II utilizing notice and public comment 26 and 27, 2001 in Washington, D.C. procedure thereon prior to the issuance None. This Conference is open to the public; of these determinations as prescribed in Volume III there is no registration fee. For 5 U.S.C. 553 and not providing for delay registration information, please contact in the effective date as prescribed in that None. H.M.A Associates, Inc., 1000 Thomas section, because the necessity to issue Volume IV Jefferson St., NW, Suite 309, current construction industry wage Washington, DC, 20007, Attn: Peggie determinations frequently and in large None. Edwards-Jefferies or email them at volume causes procedures to be Volume V [email protected]. impractical and contrary to the public interest. None.
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Volume VI SUMMARY: Consistent with the alternative method would provide at None. memorandum of January 20, 2001, from least the same measure of protection as the Assistant to the President and Chief the existing standard. Volume VII of Staff, entitled ‘‘Regulatory Review 2. Canyon Fuel Company, LLC None. Plan,’’ published in the Federal Register on January 24, 2001 (66 FR 7702), this [Docket No. M–2000–171–C] General Wage Determination action temporarily delays for 60 days Canyon Fuel Company, P.O. Box Publication the date on which the Office of Labor- 1029, Wellington, Utah 84542 has filed General wage determinations issued Management Standards will begin to a petition to modify the application of under the Davis-Bacon and related Acts, enforce the interpretation set forth in a 30 CFR 75.350 (air courses and belt including those noted above, may be notice published in the Federal Register haulage entries) to its Dugout Canyon found in the Government Printing Office on January 11, 2001 (66 FR 2782). The Mine (I.D. No. 46–01890) located in (GPO) document entitled ‘‘General Wage temporary 60-day delay is necessary to Carbon County, Utah. The petitioner Determinations Issued Under The Davis- give Department officials the requests a modification of the existing Bacon and Related Acts.’’ This opportunity for further review and standard to permit the belt haulage publication is available at each of the 50 consideration of this matter. entry to be used at the return entry Regional Government Depository DATES: The interpretation of the during two-entry longwall panel Libraries and many of the 1,400 ‘‘advice’’ exemption in Section 203(c) of development and as an intake entry to Government Depository Libraries across the Labor-Management Reporting and provide additional face ventilation the country. Disclosure Act of 1959, as amended, during longwall panel retreat mining. The general wage determinations published in the Federal Register on The petitioner proposes to install a low- issued under the Davis-Bacon and January 11, 2001 was to have level carbon monoxide monitoring related Acts are available electronically commenced on February 10, 2001. It system in all sections where the belt by subscription to the FedWorld shall instead commence on April 11, entry is used as either an intake or Bulletin Board System of the National 2001. return air course and in the primary Technical Information Service (NTIS) of intake entries. The petitioner asserts FOR FURTHER INFORMATION CONTACT: Kay the U.S. Department of Commerce at 1– that application of the existing standard H. Oshel, Chief, Division of 800–363–2068. would result in a diminution of safety Hard-copy subscriptions may be Interpretations and Standards, Office of to the miner and that the proposed purchased from: Superintendent of Labor-Management Standards, alternative method would provide at Documents, U.S. Government Printing Employment Standards Administration, least the same measure of protection as Office, Washington, DC 20402, (202) U.S. Department of Labor, 200 the existing standard. 512–1800. Constitution Avenue, NW., room N– When ordering hard-copy 5605, Washington, DC, (202) 693–1233 3. Canyon Fuel Company, LLC subscription(s), be sure to specify the (this is not a toll free number). State(s) of interest, since subscriptions [Docket No. M–2000–172–C] Signed at Washington, DC, this 6th day of Canyon Fuel Company, LLC, P.O. Box may be ordered for any or all of the February, 2001. seven separate volumes, arranged by 1029, Wellington, Utah 84542 has filed Joe N. Kennedy, State. Subscriptions include an annual a petition to modify the application of edition (issued in January or February) Acting Assistant Secretary of Labor for 30 CFR 75.352 (return air courses) to its Employment Standards. which includes all current general wage Dugout Canyon Mine (I.D. No. 46– determinations for the States covered by [FR Doc. 01–3476 Filed 2–8–01; 8:45 am] 01890) located in Carbon County, Utah. each volume. Throughout the remainder BILLING CODE 4510–86–P The petitioner requests a modification of the year, regulator weekly updates are of the existing standard to permit the distributed to subscribers. belt haulage entry to be used at the DEPARTMENT OF LABOR return entry during two-entry longwall Signed at Washington, DC this 31st day of panel development and as an intake January 2001. Mine Safety and Health Administration entry to provide additional face Carl J. Poleskey, ventilation during longwall panel retreat Chief, Branch of Construction Wage Petitions for Modification Determinations. mining. The petitioner proposes to The following parties have filed install a low-level carbon monoxide [FR Doc. 01–3041 Filed 2–8–01; 8:45 am] petitions to modify the application of monitoring system in all sections where BILLING CODE 4510–27–M existing safety standards under section the belt entry is used as either an intake 101(c) of the Federal Mine Safety and or return air course and in the primary DEPARTMENT OF LABOR Health Act of 1977. intake entries. The petitioner asserts that application of the existing standard 1. Aracoma Coal Company Office of Labor-Management would result in a diminution of safety Standards [Docket No. M–2000–170–C] to the miner and that the proposed Aracoma Coal Company, P.O. Box alternative method would provide at Interpretation of the ‘‘Advice’’ 470, Stollings, West Virginia 25646 has least the same measure of protection as Exemption in Section 203(c) of the filed a petition to modify the the existing standard. Labor-Management Reporting and application of 30 CFR 75.1700 (oil and 4. ASARCO Incorporated Disclosure Act gas wells) to its Alma Mine No. 1 (I.D. [Docket No. M–2000–010–M] AGENCY: Office of Labor-Management No. 46–08801) located in Logan County, Standards, Employment Standards West Virginia. The petitioner proposes ASARCO Incorporated, P.O. Box 460, Administration, Labor. to plug and mine through gas wells Strawberry Plains, Tennessee 37871 has using specific procedures outlined in filed a petition to modify the ACTION: Notice; further deferral of this petition for modification. The application of 30 CFR 57.11055 enforcement action. petitioner asserts that the proposed (inclined escapeways) which requires
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that vertical shafts over 300 feet be least the same measure of protection as memorandums that contain additional equipped with an emergency hoisting the existing standard. information concerning the records facility. The petition applies to the Coy covered by a proposed schedule. These, Request for Comments Mine (I.D. No. 40–00166) located in too, may be requested and will be Jefferson County, Tennessee. The Persons interested in these petitions provided once the appraisal is petitioner requests a modification of the are encouraged to submit comments via completed. Requesters will be given 30 existing standard for the purpose of e-mail to ‘‘[email protected],’’ or on days to submit comments. complying with Program Policy Letter a computer disk along with an original ADDRESSES: To request a copy of any P00–IV–5 and 30 CFR 57.11050(a), hard copy to the Office of Standards, records schedule identified in this which requires that all mines must have Regulations, and Variances, Mine Safety notice, write to the Life Cycle two continuously functional and Health Administration, 4015 Management Division (NWML), escapeways at all times. The petitioner Wilson Boulevard, Room 627, National Archives and Records proposes to use a vertical ladderway as Arlington, Virginia 22203. All Administration (NARA), 8601 Adelphi an emergency escapeway, and as a comments must be postmarked or Road, College Park, MD 20740–6001. secondary means of escape within the received in that office on or before Requests also may be transmitted by primary escapeway in the event of an March 12, 2001. Copies of these FAX to 301–713–6852 or by e-mail to extended power failure or repair to a petitions are available for inspection at [email protected]. Requesters damaged hoist, to avoid hazards that are that address. must cite the control number, which created by repeated unnecessary mine Dated: February 1, 2001. appears in parentheses after the name of evacuations. The petitioner asserts that David L. Meyer, the agency which submitted the schedule, and must provide a mailing application of PPL P00–IV–5 and 30 Director, Office of Standards, Regulations, CFR 57.11050(a) would result in a and Variances. address. Those who desire appraisal reports should so indicate in their diminution of safety to the miners and [FR Doc. 01–3377 Filed 2–8–01; 8:45 am] that the proposed alternative method request. BILLING CODE 4510–43–P would provide at least the same FOR FURTHER INFORMATION CONTACT: measure of protection as the existing Marie Allen, Director, Life Cycle standard. NATIONAL ARCHIVES AND RECORDS Management Division (NWML), 5. New Tech Oil Company ADMINISTRATION National Archives and Records Administration, 8601 Adelphi Road, [Docket No. M–2001–001–M] Records Schedules; Availability and College Park, MD 20740–6001. New Tech Oil Company, P.O. Box 68, Request for Comments Telephone: (301) 713–7110. E-mail: Kaycee, Wyoming 82639 has filed a [email protected]. AGENCY: petition to modify the application of 30 National Archives and Records SUPPLEMENTARY INFORMATION: Each year CFR 57.11050(a) (escapeways and Administration (NARA). Federal agencies create billions of refuges) to its North Tisdale Shaft No. 1 ACTION: Notice of availability of records on paper, film, magnetic tape, Mine (I.D. No. 48–01147) located in proposed records schedules; request for and other media. To control this Johnson County, Wyoming. The comments. accumulation, agency records managers petitioner requests a modification of the prepare schedules proposing retention SUMMARY: existing standard to permit its man cage The National Archives and periods for records and submit these hoist and ladder man-way to be used as Records Administration (NARA) schedules for NARA’s approval, using two separate escapeways. The petitioner publishes notice at least once monthly the Standard Form (SF) 115, Request for asserts that the proposed alternative of certain Federal agency requests for Records Disposition Authority. These method would provide at least the same records disposition authority (records schedules provide for the timely transfer measure of protection as the existing schedules). Once approved by NARA, into the National Archives of standard. records schedules provide mandatory historically valuable records and instructions on what happens to records 6. New Tech Oil Company authorize the disposal of all other when no longer needed for current records after the agency no longer needs [Docket No. M–2001–002–M] Government business. They authorize them to conduct its business. Some New Tech Oil Company, P.O. Box 68, the preservation of records of schedules are comprehensive and cover Kaycee, Wyoming 82639 has filed a continuing value in the National all the records of an agency or one of its petition to modify the application of 30 Archives of the United States and the major subdivisions. Most schedules, CFR 57.19054 (rope guides) to its North destruction, after a specified period, of however, cover records of only one Tisdale Shaft No. 1 Mine (I.D. No. 48– records lacking administrative, legal, office or program or a few series of 01147) located in Johnson County, research, or other value. Notice is records. Many of these update Wyoming. The petitioner proposes to published for records schedules in previously approved schedules, and use bridge strand wire rope in shafts as which agencies propose to destroy some include records proposed as rope guides. The petitioner states that: records not previously authorized for permanent. (i) the locked coil rope is no longer disposal or reduce the retention period No Federal records are authorized for produced in the United States; (ii) the of records already authorized for destruction without the approval of the three remaining manufacturers will not disposal. NARA invites public Archivist of the United States. This produce small quantities of the locked comments on such records schedules, as approval is granted only after a coil rope that is required for the Tech required by 44 U.S.C. 3303a(a). thorough consideration of their Oil Company’s North Tisdale Shaft No. DATES: Requests for copies must be administrative use by the agency of 1 Mine; and (iii) the bridge strand wire received in writing on or before March origin, the rights of the Government and rope would be 1–1⁄4 inches, 1 x 36 26, 2001. Once the appraisal of the of private persons directly affected by construction, structural strands. The records is completed, NARA will send the Government’s activities, and petitioner asserts that the proposed a copy of the schedule. NARA staff whether or not they have historical or alternative method would provide at usually prepare appraisal other value.
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Besides identifying the Federal 4. Department of Defense, Office of handled by the Estates and Trusts agencies and any subdivisions the Inspector General (N1–509–99–1, 8 Branch, with related enclosures. requesting disposition authority, this items, 2 temporary items). Records of Records were accumulated ca. 1940– public notice lists the organizational the Guatemala Review Panel. Included 1972. Proposed for permanent retention unit(s) accumulating the records or are administrative disks and diskettes, are general subject files relating to indicates agency-wide applicability in along with the scanned version of a patent, copyright, trademark, and other the case of schedules that cover records small portion of the Panel’s documents. matters handled by the Alien Property that may be accumulated throughout an Proposed for permanent retention are custodian, general correspondence agency. This notice provides the control recordkeeping copies of documents subject files relating to Alien Property number assigned to each schedule, the accumulated during the review, along Custodian program operations, general total number of schedule items, and the with related working papers, reports, correspondence files relating to property number of temporary items (the records and electronic and paper indexes. matters, and files relating to legislation, proposed for destruction). It also 5. Department of Defense, National executive Orders, policy and includes a brief description of the Imagery and Mapping Agency (N1–537– procedures, and instructions. temporary records. The records 00–4, 32 items, 27 temporary items). 9. Department of Justice, Federal schedule itself contains a full Paper, electronic, and audiovisual Bureau of Investigation (N1–65–00–5, 1 description of the records at the file unit records relating to communications, item, 1 temporary item). Hardcopy level as well as their disposition. If including electronic copies of teletypes from other government NARA staff has prepared an appraisal documents created using electronic mail agencies sent to the FBI from 1998 memorandum for the schedule, it too and word processing. Records relate to through February of 2000 that are includes information about the records. general administration of maintained in a control file in Further information about the communications, postal and mail Classification 62, Miscellaneous disposition process is available on services, and audiovisual activities. Still Matters. Hard copies are also filed in the request. pictures, videos and motion pictures, relevant case files, which will be audio recordings, and posters that retained or destroyed in accordance Schedules Pending document the agency mission are with previously approved disposition 1. Department of the Army, Agency- proposed for permanent retention. instructions. An electronic version is wide (N1–AU–01–14, 2 items, 2 6. Department of Health and Human maintained in the FBI’s Automated Case temporary items). Records relating to Services, Administration for Children Support system, which will be equal employment opportunity surveys and Families (N1–292–01–1, 4 items, 4 scheduled at a later date. of Army military personnel. Included temporary items). Records relating to 10. Department of Justice, Bureau of are reviews, final survey reports, the assessment of Year 2000 conversion Prisons (N1–129–01–2, 11 items, 11 recommendations, and electronic copies issues, including assessment reports, temporary items). Records of the Office of documents created using electronic correspondence, training materials, and of Internal Affairs, including such files mail and word processing. electronic copies of documents created as complaints that do not result in the 2. Department of Commerce, U.S. using electronic mail and word initiation of an investigation, Patent and Trademark Office (N1–241– processing. investigative cases, and databases used 01–1, 33 items, 33 temporary items). 7. Department of Justice, Office of to locate files, track the progress of Paper and electronic records associated Alien Property (N1–131–00–1, 24 items, cases, and generate reports and statistics with electronic systems, including 18 temporary items). Business records on workload. Also included are source records, reports, electronic data seized by the Alien Property Custodian, electronic copies of documents created and scanned images, system backup financial records relating to domestic using electronic mail and word files, and electronic copies of corporations, audit reports, patent processing. documents created using electronic mail administration records, copyright 11. Department of State, Bureau of and word processing. Systems pertain to inquiry and license case files, Human Resources (N1–59–00–7, 44 such matters as tracking customer enclosures to estate case files, vested items, 37 temporary items). Records of orders for patent information, agency property case files and general the Office of Recruitment, Examination, equal employment opportunity cases, subdivision correspondence files, and Employment, including records and the submission and processing of records of the Philippine Alien Property related to the recruitment of student trademark applications. Administration relating to claims and interns and foreign service officers, the 3. Department of Commerce, U.S. vested property, and records and examination of foreign service Patent and Trademark Office (N1–241– reference material maintained by the candidates, the administration of the 01–2, 34 items, 34 temporary items). Comptroller Division. Records were foreign service placement examination, Paper and electronic records associated accumulated ca. 1937–1964. Proposed and the placement of diplomats in with trademark electronic systems, for permanent retention are such residence. Also included are electronic including source records, reports, records as reports of property owned by copies of documents created using electronic data and scanned images, Germans in countries other than electronic mail and word processing. system backup files, and electronic Germany and the United States, records Proposed for permanent retention are copies of documents created using relating to the Axis Replacement recordkeeping copies of such files as electronic mail and word processing. Program in Latin America, litigation policy and procedure documents, Systems pertain to such matters as the records, and general correspondence agendas, minutes, and annual reports of activities and actions of the Trademark relating to Jewish Restitution Successor the Board of Examiners for the Foreign Trial and Appeal Board, the capture and Organization claims. Service, and general subject files maintenance of character based 8. Department of Justice, Office of pertaining to examinations. trademark data elements, and the Alien Property (N1–131–00–2, 14 items, 12. Department of State, Bureau of publication of the agency’s Official 6 temporary items). General inquiries Human Resources (N1–59–00–14, 16 Gazette, a weekly issuance that notifies and case files relating to patent and items, 16 temporary items). Records of the public of activity in the trademark trademark matters, files relating to the Office of Overseas Employment, registry. administrative matters, and case files including subject and country files, job
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classification surveys, wage surveys, Name: Advisory Panel for Biological individuals associated with the proposals. and claims files. Also included are Infrastructure (#1215). These matters that are exempt under 5 U.S.C. electronic copies of documents created Date and Time: Monday–Tuesday, 522b(c), (4) and (6) of the Government in the using electronic mail and word February 26 and 27, 2001 8 a.m.–6 p.m. Sunshine Act. Place: 4121 Wilson Blvd., Stafford II Room processing. 565, Arlington VA. Dated: February 5, 2001. 13. Department of the Treasury, Type of Meeting: Closed. Karen J. York, Bureau of the Public Debt (N1–53–00– Contact Person: Gerald Selzer, Program Committee Management Officer. 7, 21 items, 19 temporary items). Director Biological Instrumentation and [FR Doc. 01–3336 Filed 2–08–01; 8:45am] Operational records including budget Multi-User Equipment, National Science preparation documents, personnel Foundation, Rm. 615, 4201 Wilson BILLING CODE 7555–01–M listings, telephone logs, copies of Boulevard, Arlington, VA 22230. Telephone (703) 292–8470. internal regulations, project files, and Purpose of Meeting: To provide advice and NATIONAL SCIENCE FOUNDATION Assistant Commissioner chronological recommendations concerning proposals files. Also included are electronic submitted to NSF for financial support. Advisory Panel for Developmental copies of documents created using word Agenda: To review and evaluate proposal Mechanisms; Notice of Meeting processing and electronic mail. for acquisition of Biological Instrumentation Recordkeeping copies of regulations, and Multi-User Equipment (MUE) Program as part of the selection process for awards. In accordance with the Federal procedures, and project files covering Advisory Committee Act (Pub. L. 92– significant studies are proposed for Reason for Closing: The proposals being reviewed include information of a 463, as amended), the National Science permanent retention. proprietary or confidential nature, including foundation (NSF) announces the 14. Department of Veterans Affairs, technical information; financial data, such as following meeting. Veterans Health Administration (N1– salaries; and personal information Name: Advisory Panel for Developmental 15–00–2, 17 items, 13 temporary items). concerning individuals associated with the Input documents, optical disks, reports, proposals. These matters are exempt under Mechanisms (1141). Date and Time: April 18–20, 2001; 8:30 and backup files relating to two (4) and (6) of 5 U.S.C. 552b(c), of the a.m.–5 p.m. registries. One pertains to veterans who Government in the Sunshine Act. Place: NSF, Room 360, 4201 Wilson Blvd., Dated: January 31, 2001. may have been exposed to ionizing Arlington, VA. radiation; the other includes data on Karen J. York, Type of Meeting: Part-open. personnel who served in the Gulf War. Committee Management Officer. Contact Persons: Dr. Judith Plesset and Dr. Master data files and the related [FR Doc. 01–3338 Filed 2–8–01; 8:45 am] Susan Singer, Program Directors, documentation associated with both BILLING CODE 7555–01–M Developmental Mechanism, Division of registries are proposed for permanent Integrative Biology and Neuroscience, Suite retention. 685, National Science Foundation, 4201 15. Federal Communications NATIONAL SCIENCE FOUNDATION Wilson Boulevard, Arlington, VA 22230, Commission, Office of the Managing Telephone: (703) 292–8417. Director (N1–173–00–1, 5 items, 3 Special Emphasis Panel in Design, Purpose of Meeting: To provide advice and temporary items). Input/source records Manufacture, and Industrial recommendations concerning proposals in both electronic and textual formats Innovation; Notice of Meeting submitted to NSF for financial support. Minutes: May be obtained from the contact and output reports associated with the In accordance with the Federal Commission Registration System. This person listed above. Advisory Committee Act (Pub. L. 92– Agenda: system contains basic information on 463, as amended), the National Science entities doing business with the Open Session: April 29th, 2001; 10 a.m. to 11 Foundation announces the following a.m.—discussion on research trends, Commission, such as entity name, meeting: address, official contact telephone opportunities and assessment procedures number, tax identification number, and Name: Special Emphasis Panel in Design, in Integrative Biology and Neuroscience agency-assigned registration number. Manufacture, and Industrial Innovation— with Dr. Mary Clutter, Assistant Director, (1194). Directorate for Biological Sciences. The master data file and system Date and Time: April 17, 25, and 26 2001; Closed Session: April 18th, 2001, 8:30 a.m. to documentation are proposed for 8 a.m.–5:30 p.m. 6 p.m.; April 19th, 2001, 8:30 a.m. to 6 permanent retention. Place: Room 330 National Science p.m.; April 20th, 2001, 8:30 a.m. to 10 Dated: February 1, 2001. Foundation, 4201 Wilson Boulevard, a.m. and 11 a.m. to 5 p.m. To review and Arlington, VA 22230 and Rooms II–595 and evaluate the Developmental Mechanisms Michael J. Kurtz, II–545 National Science Foundation Assistant Archivist for Record Services— Conference Floor, Stafford II Bldg, 4121 proposals as part of the selection process Washington, DC. Wilson Boulevard, Arlington, VA 22230. for awards. [FR Doc. 01–3326 Filed 2–8–01; 8:45 am] Type of Meeting: Closed. Reason for Closing: The proposals being BILLING CODE 7515–01–U Contact Person: Dr. Ronald Rardin, reviewed include information of a Program Director, DMII, (703) 292–8330, proprietary or confidential nature, including National Science Foundation, 4201 Wilson technical information; financial data, such as Boulevard, Arlington VA 22230. salaries; and personal information Purpose of Meeting: To provide advice and NATIONAL SCIENCE FOUNDATION concerning individuals associated with the recommendations concerning proposals proposals. These matters are exempt under 5 submitted to NSF for financial support. U.S.C. 552b(c), (4) and (6) of the Government Advisory Panel for Biological Agenda: To review and evaluate in the Sunshine Act. Infrastructure Notice of Meeting Unsolicited proposals as part of the selection process for awards. Dated: February 5, 2001. In accordance with the Federal Reason for Closing: The proposals being Karen J. York, Advisory Committee Act (Pub. L. 92– reviewed include information of proprietary Committee Management Officer. 463, as amended), the National Science or confidential nature, including technical Foundation announces the following information, financial data such as salaries, [FR Doc. 01–3334 Filed 2–8–01; 8:45 am] meeting: and personal information concerning BILLING CODE 7555–01–M
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NATIONAL SCIENCE FOUNDATION Minutes: May be obtained from the contact NUCLEAR REGULATORY person listed above. COMMISSION Special Emphasis Panel in Electrical Purpose of Meeting: To provide advice, and Communications Systems; Notice recommendations, and oversight concerning [Docket No. 55–22136–SP; ASLBP No. 01– of Meeting support for environmental research and education. 788–01–SP] In accordance with the Federal Agenda: Advisory Committee Act (Pub. L. 92– February 28—Overview of present portfolio Michael L. Piasecki; Designation of 463, as amended), the National Science in environmental research and Presiding Officer Foundation announces the following education. Discussion of reports by the National Science Board and the National meeting. Pursuant to delegation by the Research Council on directions of Commission, see 37 Reg. 28,710 (Dec. Name: Special Emphasis Panel in environmental research. Advisory Electrical and Communications Systems Committee responsibilities and 29, 1972), and the Commission’s (1196). organization. regulations, see 10 CFR 2.1201, 2.1207, Date and Time: February 22–23, 2001; 8:30 March 1—Long-term planning for the notice is hereby given that a single a.m. to 5 p.m. environmental portfolio. Advisory member of the Atomic Safety and Place: Room II–575, Stafford II Conference Committee subcommittee meetings on Licensing Board Panel is designated as Center, National Science Foundation, 4121 education, infrastructure, Presiding Officer to conduct further Wilson Blvd., Arlington, VA. communication, evaluation and other proceedings in accordance with 10 CFR Type of Meeting: Closed. areas as related to environmental Contact Person: Dr. Filbert Bartoli, Program research and education. 2.1209 in the following case: Director, Room 675, Division of Electrical Michael L. Piasecki and Communications Systems, National Dated: February 2, 2001. Science Foundation, 4201 Wilson Blvd., Karen J. York, (Denial of Reactor Operator’s License) Arlington, VA 22230. Telephone: (703) 292– Committee Management Officer. The hearing will be conducted 8339. [FR Doc. 01–3335 Filed 2–8–01; 8:45 am] Purpose of Meeting: To provide advice and pursuant to 10 CFR Part 2, Subpart L, BILLING CODE 7555–01–M recommendations concerning proposals of the Commission’s Regulations, submitted to NSF for financial support. ‘‘Informal Hearing Procedures for Agenda: To review and evaluate Adjudications In Materials and Operator Unsolicited proposals submitted in response NATIONAL SCIENCE FOUNDATION to the program announcement (NSF 00–2). Licensing Proceedings.’’ This Reason for Closing: The proposals being Special Emphasis Panel in proceeding concerns Mr. Piasecki’s reviewed include information of a Experimental and Integrative January 11, 2001 request for a hearing to proprietary or confidential nature, including Activities; Notice of Meeting challenge the NRC staff’s denial of his technical information; financial data, such as reactor operator’s license application as salaries; and personal information In accordance with the Federal reflected in the staff’s December 27, concerning individuals associated with the Advisory Committee Act (Pub. L. 92– 2000 letter to Mr. Piasecki. proposals. These matters are exempt under 5 463, as amended), the National Science U.S.C. 552b(c), (4) and (6) of the Government Foundation announce the following The Presiding Officer in this in the Sunshine Act. meeting: proceeding is Administrative Judge Ivan W. Smith. Pursuant to the provisions of Dated: February 5, 2001. Name: Special Emphasis Panel in Karen J. York, Experimental and Integrative Activities 10 CFR 2.722, 2.1209, Administrative Committee Management Officer. (1193) Judge Charles N. Kelber has been appointed to assist the Presiding Officer [FR Doc. 01–3337 Filed 2–8–01; 8:45 am] Date/Time: March 8–9, 2001; 8:30 a.m. to 6 p.m. in taking evidence and in preparing a BILLING CODE 7555–01–M Place: National Science Foundation, 4201 suitable record for review. Wilson Boulevard, Arlington, VA. Type of Meeting: Closed. All correspondence, documents, and NATIONAL SCIENCE FOUNDATION Contact Person: Dr. Frederica Darema, other materials shall be filed with Judge National Science Foundation, 4201 Wilson Smith and Judge Kelber in accordance Advisory Committee for Environmental Blvd., Suite 1160. Telephone: (703) 292– with 10 CFR 2.1203. Their addresses Research and Education; Notice of 8980. are: Meeting Purpose of Meeting: To provide advice and recommendations concerning proposals Administrative Judge Ivan W. Smith, In accordance with the Federal submitted to NSF for financial support. Presiding Officer, Atomic Safety and Advisory Committee Act (Pub. Law 92– Agenda: To review and evaluate NSF Next Licensing Board Panel, U.S. Nuclear 463, as amended), the National Science Generation Software proposals as part of Regulatory Commission, Washington, Foundation announces the following selection process for awards. D.C. 20555–0001 meeting: Reason for Closing: The proposals being Name: Advisory Committee for reviewed include information of a Dr. Charles N. Kelber, Special Assistant, Environmental Research and Education proprietary or confidential nature, including Atomic Safety and Licensing Board (9487). technical information; financial data, such as Panel, U.S. Nuclear Regulatory Dates: February 28, 2001; 8:30 a.m.–5:30 salaries; and personal information Commission, Washington, D.C. concerning individuals associated with the p.m. March 1, 2001; 8:30 a.m.–3:30 p.m. 20555–0001 Place: Room 1235, National Science proposals. These matters are exempt under 5 Foundation, 4201 Wilson Blvd, Arlington, U.S.C. 552b(c), (4), and (6) of the Government Issued at Rockville, Maryland, this 5th day VA. in the Sunshine Act. of February 2001. Type of Meeting: Open. Dated: February 2, 2001. G. Paul Bollwerk III, Contact Person: Dr. Margaret Cavanaugh, Karen J. York, Chief Administrative Judge, Atomic Safety Office of the Director, National Science and Licensing Board Panel. Foundation, Suite 1205, 4201 Wilson Blvd, Committee Management Officer. Arlington, Virginia 22230. Phone 703–292– [FR Doc. 01–3333 Filed 2–8–01; 8:45 am] [FR Doc. 01–3367 Filed 2–8–01; 8:45 am] 8002. BILLING CODE 7555–01–M BILLING CODE 7590–01–P
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NUCLEAR REGULATORY toughness curve of ASME Code, Section With regard to potential COMMISSION XI, Appendix G, Figure G–2210–01, nonradiological environmental impacts, using Code Case N–640 for establishing the proposed action does not involve [Docket Nos. 50–317 and 50–318] the P–T limits would be less any historic sites. It does not affect Calvert Cliffs Nuclear Power Plant, conservative than the methodology nonradiological plant effluents and has Inc.; Calvert Cliffs Nuclear Power currently endorsed by 10 CFR Part 50, no other environmental impact. Plant, Unit Nos. 1 and 2; Environmental Appendix G, and therefore, an Therefore, there are no significant Assessment and Finding of No exemption to apply the Code Case nonradiological impacts associated with Significant Impact would be required. the proposed action. The proposed action is in accordance Accordingly, the NRC concludes that with the licensee’s application for The U.S. Nuclear Regulatory there are no significant environmental exemption dated September 14, 2000. Commission (NRC) is considering impacts associated with the proposed issuance of an exemption from certain The Need for the Proposed Action action. requirements of Appendix G to Part 50 of Title 10 of the Code of Federal Because the RCS P–T operating Alternatives to the Proposed Action Regulations (10 CFR Part 50) for window is defined by the P–T operating Renewed Facility Operating License and test limit curves developed in As an alternative to the proposed Nos. DPR–53 and DPR–69, issued to accordance with the ASME Code, action, the staff considered denial of the Calvert Cliffs Nuclear Power Plant, Inc. Section XI, Appendix G, procedure, proposed action (i.e., the ‘‘no-action’’ (CCNPPI or the licensee) for operation of continued operation of CCNPP with the alternative). Denial of the application the Calvert Cliffs Nuclear Power Plant, present P–T curves without the relief would result in no change in current Unit Nos. 1 and 2 (CCNPP), located in provided by ASME Code Case N–640 environmental impacts. The Calvert County, Maryland. would unnecessarily require the RPVs environmental impacts of the proposed to maintain a temperature exceeding action and the alternative action are Environmental Assessment 212 °F in a limited operating window similar. Identification of the Proposed Action during the pressure test. Consequently, steam vapor hazards would continue to Alternative Use of Resources Appendix G to Part 50 of Title 10 of be one of the safety concerns for the Code of Federal Regulations (10 CFR This action does not involve the use personnel conducting inspections in of any resources not previously Part 50) requires that pressure- primary containment. Implementation temperature (P–T) limits be established considered in the Final Environmental of the proposed P–T curves, as allowed Statement for the Calvert Cliffs Nuclear for reactor pressure vessels (RPVs) by ASME Code Case N–640, does not during normal operating and hydrostatic Power Plant, Unit Nos. 1 and 2, dated significantly reduce the margin of safety April 1984. or leak rate testing conditions. and would eliminate steam vapor Specifically, 10 CFR Part 50, Appendix hazards by allowing inspections in Agencies and Persons Consulted G, states, ‘‘The appropriate requirements primary containment to be conducted at on both the pressure-temperature limits a lower coolant temperature. In accordance with its stated policy, and the minimum permissible 10 CFR 50.60(b) allows proposed on January 31, 2001, the staff consulted temperature must be met for all alternatives to the requirements of with the Maryland State official, R. conditions.’’ Appendix G of 10 CFR Part Appendix G to be used when an McLean of the Maryland Department of 50 goes on to specify that the exemption is granted by the Natural Resources, regarding the requirements for these limits are the Commission under 10 CFR 50.12. environmental impact of the proposed American Society of Mechanical In the request for exemption to use action. The State official had no Engineers Boiler and Pressure Vessel Code Case N–640, the staff has comments. Code (ASME Code), Section XI, determined that, pursuant to 10 CFR Findings of No Significant Impact Appendix G, limits. 50.12(a)(2)(ii), the underlying purpose The licensee requested in its of the regulation will continue to be On the basis of the environmental submittal dated September 14, 2000, served by the implementation of this assessment, the NRC concludes that the that the staff exempt CCNPP from the Code Case. proposed action will not have a specific requirement of Appendix G to significant effect on the quality of the 10 CFR Part 50 that the P–T limits meet Environmental Impacts of the Proposed Action human environment. Accordingly, the the safety margin requirements specified NRC has determined not to prepare an in the ASME Code, Section XI, The NRC has completed its evaluation environmental impact statement for the Appendix G and instead use an of the proposed action and concludes proposed action. alternate fracture toughness curve that the exemption described above shown in the ASME Code, Section XI, would provide an adequate margin of For further details with respect to the Appendix A as permitted by ASME safety against brittle failure of the proposed action, see the licensee’s letter Code Case N–640. Code Case N–640 CCNPP RPVs. dated September 14, 2000, which is permits the use of an alternate reference The proposed action will not available for public inspection at the NRC Public Document Room, located at fracture toughness (KIC fracture significantly increase the probability or One White Flint North, 11555 Rockville toughness curve instead of K1a fracture consequences of accidents, no changes toughness curve) for reactor vessel are being made in the types of any Pike (first floor), Rockville, Maryland. materials in determining the P–T limits. effluents that may be released offsite, Publicly available records will be accessible electronically from the Since the KIC fracture toughness curve and there is no significant increase in shown in ASME Code, Section XI, occupational or public radiation ADAMS Public Library component on the NRC Web site, http://www.nrc.gov Appendix A, Figure A–2200–1 (the KIC exposure. Therefore, there are no fracture toughness curve) provides significant radiological environmental (the Electronic Reading Room). greater allowable fracture toughness impacts associated with the proposed Dated at Rockville, Maryland, this 2nd day than the corresponding K1a fracture action. of February 2001.
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For the Nuclear Regulatory Commission. Armed Forces Retirement Home: Rick 713–7360, ext. 257; Website: Donna Skay, Coleman, 202–730–3504; Website: www.nara.gov/nara/co_farep Project Manager, Section 1, Project www.afrh.com/FY00FAIR.htm National Archives and Records Directorate I, Division of Licensing Project Central Intelligence Agency: CIA Office Administration (OIG): James Springs, Management, Office of Nuclear Reactor of Public Affairs, 703–482–0623; No 301–713–7300, ext. 224; Website: Regulation. website available. www.nara.gov [FR Doc. 01–3366 Filed 2–8–01; 8:45 am] Department of Defense: Paul Solomon, National Capital Planning Commission: BILLING CODE 7590–01–U 703–917–7431; Website: http:// BeLinda Hollman, 202–482–7200; gravity.lmi.org/dodfair Website: www.ncpc.gov Department of Defense (OIG): Wayne National Credit Union Administration: Berry, 703–604–8789; Website: Jared Barlage, 202–416–8721; OFFICE OF MANAGEMENT AND www.dodig.osd.mil Website: www.ncua.gov BUDGET Defense Nuclear Facilities Standard National Endowment of the Humanities: Board: Andrew Thibadeau, 202–694– Barry Maynes, 202–606–8233; Public Availability of Year 2000 Agency 7000; Website: www.dnfsb.gov Website: www.neh.gov Inventories Under the Federal Department of Energy: Mark R. Hively, National Transportation Safety Board: Activities Inventory Reform Act of 1998 202–586–5655; Website: Bill Love, 202–314–6088; Website: (Public Law 105–270) (‘‘FAIR Act’’) www.pr.doe.gov/a76.htm www.ntsb.gov/acquire/ Farm Credit Administration: Phillip _ AGENCY: Office of Management and NTSB MN.htm Shebest, 703–883–4146; Website: Nuclear Regulatory Commission: Ronald Budget, Executive Office of the www.fca.gov President. Thompson, 301–415–6732; Website: Federal Communications Commission: www.nrc.gov/ADM/CONTRACT/ ACTION: Notice of public availability of Mark Reger, 202–418–1925; Website: contract.html commercial activities inventories. www.fcc.gov/omd/Reports/Fairact.doc Nuclear Regulatory Commission (OIG): Federal Communications Commission David C. Lee, 301–415–5930; Website: SUMMARY: Commercial Activities (OIG): H. Walker Feaster, III, 202– Inventories are now available to the www.nrc.gov/nrc/oig/fair/index.html 418–1925; Website: www.fcc.gov/oig/ Nuclear Waste Technical Review Board: public from the agencies listed below, in #annual accordance with the ‘‘Federal Activities Dr. William Barnard, 703–235–4473; Federal Energy Regulatory Commission: Website: www.nwtrb.gov Inventory Reform Act of 1998’’ (Public Donald Shamley, 202–208–1088; Law 105–270) (‘‘FAIR Act’’). This is the Office of Navaho and Hopi Indian Website: www.ferc.fed.us Relocation: Michael J. McAlister, 520– third and final notification of the release Federal Financial Institutions 779–2721; No website available of the 2000 FAIR Act inventories. In Examinations Council Appraisal Securities and Exchange Commission: addition, the Office of Federal Subcommittee: Marc L. Weinberg, Jayne Seidman, 202–942–4000; Procurement Policy has prepared and 202–872–7520; Website: www.asc.gov Website: www.sec.gov has made available a summary FAIR Act Federal Housing Finance Board: David Selective Service System: Calvin User’s Guide through its Internet site: A. Lee, 202–408–2514; Website: Montgomery, 703–605–4038; Website: http://www.whitehouse.gov/OMB/ www.fhfb.gov procurement/index.html. This User’s Federal Maritime Commission: Bruce www.sss.gov Guide will help interested parties Dombrowski, 202–523–5800; Website: Small Business Administration: review 2000 FAIR Act inventories, and www.fmc.gov Theodore Wartell, 202–205–7307; will also include the web-site addresses Federal Trade Commission: Elliott Website: www.sba.gov to access agency inventories. Davis, 202–326–2022; Website: Small Business Administration (OIG): The FAIR Act requires that OMB www.ftc.gov Bridget Bean, 202–205–6580; Website: publish an announcement of public Department of Housing and Urban www.sba.gov/ig availability of agency Commercial Development (OIG): Stanley J. Social Security Administration: Phil Activities Inventories upon completion McLeod, 202–708–3444, ext. 156; Kelly, 410–965–4656; Website: of OMB’s review and consultation Website: www.hud.gov/oig/ www.ssa.gov/budget process concerning the content of the oigindex.html Department of State: Robert McFadden, agencies’ inventory submissions. OMB Department of the Interior: Jennings 202–647–7780; Website: has now completed this process for the Wong, 202–208–6704; Website: www.state.gov/www/dept/fmp/ _ year 2000. www.ios.doi.gov/pam/pamhome.html related sites.html The attached Commercial Activities Department of the Interior (OIG): Department of Transportation: Bill Inventories are now available. Richard Farr, 202–208–4599; Website: Moga, 202–366–9666; Website: www.oig.doi.gov www.dot.gov Mitchell E. Daniels, Jr., Department of Justice: Larry Silvis, 202– Department of Transportation (OIG): Director. 616–3754; Website: http:// Sam Davis, 202–366–1444; Website: Attachment. www.usdoj.gov/jmd/pe/preface.htm www.oig.dot.gov Department of the Treasury: Kevin Agency Contact Department of Labor: Al Stewart, 202– 693–4021; Website: www.dol.gov Whitfield, 202–622–0248; Website: Department of Agriculture (OIG): Del Morris Udall Foundation: Chris Helms, http://www.treas.gov/fair Thornsbury, 202–720–4414; Website: 520–670–5299; Website: Department of the Treasury (OIG): www.usda.gov/oig www.Udall.gov Primary: Robert Hardos, 202–927– American Battle Monuments National Aeronautics and Space 5200, Secondary: Donna Ching, 202– Commission: Anthony Corea, 703– Administration (OIG): Charles Heaton, 927–5374; Website: www.treas.gov/ 696–6898; Website: www.usabmc.com 202–358–2561; Website: fair/2000/oig2000.pdf Arlington National Cemetery: Rory www.hq.nasa.gov/fair/ Department of the Treasury (Tax): Agapi Smith, 703–614–5060; Website: National Archives and Records Doulaveris, 202–622–3968; Website: www.arlingtoncemetery.org/ Administration: Lori Lasowski 301– www.treas.gov/fair/2000/index.html
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U.S. Commission on Civil Rights: SECURITIES AND EXCHANGE Shares.3 Chapter XXIV–B also permits George Harbison, 202–376–8356; COMMISSION the BSE to list or trade Index Fund Website: www.usccr.gov Shares under the expedited procedures U.S. Commodity Futures Trading [Release No. 34–43926; File No. SR–BSE– described in Rule 19b–4(e) under the 00–21] Commission: Emory Bevill, 202–418– Act, so long as such securities meet 5187; Website: www.cftc.gov/ofm/ Self-Regulatory Organizations; Notice specific structural standards. The BSE fairactexhibit.pdf of Filing and Immediate Effectiveness has used these procedures to trade, U.S. International Trade Commission: of Proposed Rule Change by the pursuant to UTP, several Index Fund Charles W. Sole, Jr., 202–205–2746; Boston Stock Exchange, Inc. Relating Shares, including series of the iShares Website: www.usitc.gov/procurement/ to the Trading of S&P Global 100 Index Trust based on domestic stock indices. fair.pdf Fund Shares The BSE now proposes to trade, via U.S. Patent and Trademark Office: UTP, shares of the Fund based on the Daniel Haigler, 703–305–8175; February 5, 2001. S&P Global 100 Index (the ‘‘Index’’ or Website: www.uspto.gov Pursuant to section 19(b)(1) of the ‘‘Underlying Index’’) pursuant to Securities Exchange Act of 1934 [FR Doc. 01–3396 Filed 2–8–01; 8:45 am] Chapter XXIV–B, Index Fund Shares.4 (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 BILLING CODE 3110–01–P The Fund is included in the iShare notice is hereby given that on December Trust (the ‘‘Trust’’),5 and Barclays 26, 2000, the Boston Stock Exchange, Global Fund Advisors (‘‘BGFA’’), a Inc. (‘‘Exchange’’ or ‘‘BSE’’) filed with SECURITIES AND EXCHANGE the Securities and Exchange subsidiary of Barclays Global Investors, COMMISSION Commission (‘‘SEC’’ or ‘‘Commission’’) N.A. (‘‘BGI’’), acts as the advisor (the the proposed rule change as described ‘‘Advisor’’) to the Fund. Standard & Sunshine Act Meeting; Agency Poor’s (‘‘S&P’’), a division of The Meeting in Items I, II and III below, which items have been prepared by the BSE. The McGraw-Hill Companies, Inc., is the Notice is hereby given, pursuant to Commission is publishing this notice to Index provider. The Index is sponsored the provisions of the Government in the solicit comments on the proposed rule by S&P and the New York Stock Sunshine Act, Pub. L. 94–409, that the change from interested persons. Exchange, Inc. (‘‘NYSE’’), with the Securities and Exchange Commission additional collaboration of several major I. Self-Regulatory Organization’s will hold the following meeting during exchanges from around the world. Statement of the Terms of Substance of the week of February 12, 2001. the Proposed Rule Change As described below, S&P Global 100 A closed meeting will be held on Index Fund Shares are structurally Tuesday, February 13, 2001, at 11:00 The BSE proposes to trade, pursuant similar to the Index Fund Shares a.m. to unlisted trading privileges (‘‘UTP’’), already approved for trading on the Commissioners, Counsel to the shares of an exchange traded fund (the BSE. The information about the Fund is Commissioners, the Secretary to the ‘‘Fund’’) based on the S&P Global 100 based on the recent rule filing by the Commission, and recording secretaries Index. The text of the proposed rule NYSE.6 will attend the closed meeting. Certain change is available at the Office of the The Underlying Index. A detailed staff members who have an interest in Secretary, the BSE or the Commission. description of the Underlying Index for the matters may also be present. II. Self-Regulatory Organization’s the Fund was prepared by S&P and filed The General Counsel of the Statement of the Purpose of, and by the NYSE as Exhibit 2 in its Commission, or his designee, has Statutory Basis for, the Proposed Rule submission.7 The description includes, certified that, in his opinion, one or Change but is not limited to, information more of the exemptions set forth in 5 regarding index description, component U.S.C. 552b(c)(4), (8), (9)(A) and (10) In its filing with the Commission, the and 17 CFR 200.402(a)(4), (8), (9)(A) and BSE included statements concerning the selection criteria, country (10), permit consideration of the purpose of and basis for the proposed representation, index maintenance, and scheduled matters at the closed meeting. rule change and discussed any industry group distribution by market The subject matters of the closed comments it received on the proposed capitalization. The Underlying Index meeting will be: rule change. The text of these statements description, including any changes thereto, may be found on the S&P Global Institution and settlement of injunctive may be examined at the places specified actions; and in Item IV below. The BSE has prepared 3 See Securities Exchange Act Release No. 42988 Institution and settlement of summaries, set forth in Sections A, B, and C below, of the most significant (June 28, 2000), 65 FR 42041 (July 7, 2000) (SR– administrative proceedings of an BSE–00–05). aspects of such statements. enforcement nature. 4 The Exchange recognizes that the Fund will A. Self-Regulatory Organization’s trade pursuant to its Index Fund Shares Rules and At times, changes in Commission Rule 19b–4(f)(6), not Rule 19b–4(e). Telephone priorities require alterations in the Statement of the Purpose of, and conversation between Ester Radovsky, Listings scheduling of meeting items. For further Statutory Basis for, the Proposed Rule Analyst, BSE, and Heather Traeger, Attorney, information and to ascertain what, if Change Division of Market Regulation, Commission, any, matters have been added deleted or January 30, 2001. 1. Purpose 5 The Trust is registered under the Investment postponed, please contact: Company Act of 1940, as amended (‘‘1940 Act’’). The Office of the Secretary at (202) On June 28, 2000, the Commission The Trust has filed with the Commission a 942–7070. approved the proposed rule change of a Registration Statement on the Form N–1/A under new listing standard, Chapter XXIV–B, the Securities Act of 1933, as amended and under Dated: February 6, 2001. Index Fund Shares, which allowed the the 1940 Act relating to the Fund (File No. 333– Jonathan G. Katz, 92935 and 811–09729). BSE to list and trade Index Fund 6 Secretary. See Securities Exchange Act Release No. 43658 (December 2, 2000) 65 FR 77408 (December 11, [FR Doc. 01–3451 Filed 2–6–01; 4:19 pm] 1 15 U.S.C. 78s(b)(1). 2000) (SR–NYSE–00–53). BILLING CODE 8010–01–M 2 17 CFR 240.19b–4. 7 Id.
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web site at http://www.spglobal.com/ corporate actions (such as mergers) and subdivisions are not considered to be ssindexmainglobal100.html. other changes in the Underlying Index issued by members of any industry. General description of the fund. The (such as reconstitutions, additions and Creations and redemptions of fund Fund offers and issues shares (‘‘Fund deletions). The Fund may also invest in shares. The Fund Shares are ‘‘created’’ Shares’’) at their net asset value stocks outside the underlying Index to at their NAV by specialists, large (‘‘NAV’’) only in aggregations of a meet the diversification requirements of investors, and institutions only in specified number of Fund Shares a regulated investment company under Creation Units of 50,000 Shares. A (referred to as a ‘‘Creation Unit’’), the Internal Revenue Code (the ‘‘creator’’ deposits into the Fund a generally in exchange for a basket of ‘‘Code’’).9 As long as the Fund invests specified portfolio of stocks closely equity securities included in the at least 90% of its total assets in the approximating the holdings of the Fund Underlying Index (the ‘‘Deposit stocks of the Underlying Index, it may (the ‘‘Deposit Securities’’) and specified Securities’’), together with the deposit of also invest its other assets in futures amount of cash (the ‘‘Cash Component’’) a specified cash payment (the ‘‘Cash contracts, options on futures contracts, in exchange for 50,000 Fund Shares. Component’’).8 Fund Shares are options, and swaps related to the Similarly, the Fund Shares can only redeemable only in Creation Unit Underlying Index, as well as cash and be redeemed in Creation Units of 50,000 aggregations, and, generally, in cash equivalents. Fund Shares, principally in-kind for a specified portfolio of stocks held by the exchange for portfolio securities and a Correlation. An index is a theoretical Fund then comprising the Deposit specified cash payment. Creation Units financial calculation while the Index Securities and the then applicable Cash are aggregations of 50,000 Fund Shares. Fund Share is an actual investment Component. Except when aggregated in The Trust reserves the right to offer a portfolio. The performance of the Fund Creation Units, Fund Shares are not ‘‘cash’’ option for creations and and the Underlying Index will vary redeemable. The prices at which redemptions of Fund Shares. somewhat due to transaction costs, creations and redemptions occur are ‘‘Passive’’ or indexing investment market impact, corporate actions (such based on the next calculation of NAV approach. The Fund seeks investment as mergers and spin-offs) and timing after an order is received in proper form. results that, before expenses, correspond variances. It is expected that over time, Creations and redemptions must be generally to the price and yield the correlation between the Fund’s performance of companies in the Index. made through a firm that is either a performance and that of the Underlying member of the Continuous Net The Advisor uses a ‘‘passive’’ or Index, before fees and expenses, will be indexing approach in seeking to achieve Settlement System of the National 95% or better. A figure of 100% would Securities Clearing Corporation the Fund’s investment objective. indicate perfect correlation. Any Representative sampling. The Fund (‘‘NSCC’’) or a Depository Trust correlation of less than 100% is called Company (‘‘DTC’’) participant and, in uses representative sampling to track a ‘‘tracking error.’’ the Underlying Index. This means that each case, must have executed an Industry concentration policy. The agreement with the Distributor with the Fund is invested in a representative Fund does not concentrate its sample of stocks in the Underlying respect to creations and redemptions of investments (i.e., hold 25% or more of Creation Unit aggregations (‘‘Participant Index, which have a similar investment its total assets in the stocks of a profile as the Underlying Index. Stocks Agreement’’). The Trust imposes particular industry or group of transaction fees in connection with selected have aggregate investment industries). However, the Fund does characteristics (based on market creation and redemption transactions. concentrate to approximately the same Availability of information regarding capitalization and industry weighings), extent that the Underlying Index fund shares and underlying indices. The fundamental characteristics (such as concentrates in the stocks of a particular list of names and amount of each return variability, earnings valuation, industry or group of industries. For security constituting the current Deposit and yield), and liquidity measures purposes of this limitation, securities of Securities, and the Cash Component similar to those of the relevant the U.S. Government (including its effective as of the previous business Underlying Index. A fund that uses agencies and instrumentalities), day, per outstanding share of the Fund, representatives sampling generally does repurchase agreements collateralized by is made available each business day. In not hold all of the stocks included in its U.S. Government securities, and addition, an amount representing the underlying index. securities of state or municipal sum of the estimated Cash Component The Fund invests at least 90% of its governments and their political effective through and including the total assets in the stocks of the previous business day, plus the current Underlying Index. The Fund may hold 9 value of the Deposit Securities in U.S. up to 10% of its total assets in stocks In order for the Fund to qualify to tax treatment as a regulated investment company, it must meet dollars, on a per share basis is not included in the Underlying Index. several requirements under the Code. Among these disseminated every 15 seconds during For example, the Advisory may invest is the requirement that, at the close of each quarter the Exchange’s regular trading hours, in stocks not included in the Underlying of the Fund’s taxable year, (1) at least 50 percent of the market value of the Fund’s total assets must through the facilities of the Index in order to reflect various be represented by cash items, U.S. government Consolidated Tape Association securities, securities for other regulated investment (‘‘CTA’’). The value of the Underlying 8 The Cash Component is an amount equal to the companies and other securities, with such other Balancing Amount. The ‘‘Balancing Amount’’ is an securities limited for the purpose of this calculation Index is updated intra-day on a real- amount equal to the difference between the NAV of in respect to any one issuer to an amount not time basis as individual component the Fund Shares (per Creation Unit) and the greater than 5 percent of the value of the Fund’s securities of the Underlying Index ‘‘Deposit Amount.’’ The ‘‘Deposit Amount’’ is an assets and not greater than 10 percent of the change in price. These intra-day values amount equal to the market value of the Deposit outstanding voting securities of such issuer, and (2) Securities. If the Balancing Amount is a positive not more than 25 percent of the value of its total of the Underlying Index are number (i.e., the NAV per Creation Unit exceeds the assets may be invested in securities of any one disseminated every 15 seconds Deposit Amount), the Cash Component will be paid issuer, or two or more issuers that are controlled by throughout the trading day. In addition, to the Trust by the creator. If the Balancing Amount the Fund (within the meaning of section a value for the Underlying Index is is a negative number (i.e., the NAV per Creation 851(b)(4)(B) of the Code) and that are engaged in the Unit is less than the Deposit Amount), the creator same or similar trades or business (other than U.S. disseminated once each trading day, will receive cash in an amount equal to the government securities of other regulated investment based on closing prices in the relevant differential. companies.) exchange market.
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The Fund makes available on a daily recently calculated NAV on a per Fund price and yield performance of the basis the names and required number of Shares basis, it is possible that the value Index. shares of each of the Deposit Securities of the portfolio of securities held by the Fund Shares are registered in book- in a Creation Unit aggregation, as well Fund may diverge from the Deposit entry form through the DTC. Trading in as information regarding the cash- Securities Values during any trading Fund Shares on the BSE will be effected balancing amount. The NAV for the day. In such case, the Value will not until 4:00 p.m. each business day. The Fund is calculated and disseminated precisely reflect the value of the Fund minimum trading variation for the Fund daily. In addition, the Adviser portfolio. will be $.01 of $1.00. maintains a web site that provides However, during the trading day, the Dividends from net investment information about the returns and Value can be expected to closely income will be declared and paid at methodology of various indices, which approximate the value per Fund share of least annually by the Fund. includes the Underlying Index for the the portfolio of securities for the Fund Distributions of realized securities Fund. The Trust also maintains a web except under unusual circumstances gains, if any, generally will be declared site that includes the Fund prospectus (e.g., in the case of extensive and paid at least once a year, but the and additional quantitative information rebalancing of multiple securities in the Fund may make distributions on a more that is updated on a daily basis, Fund at the same time by the Advisor). frequent basis to comply with including daily trading volume and The circumstances that might cause the distribution requirements of the Code. closing price for the Fund. There is also Value to be based on calculations The Fund may make the DTC book- a variety of data disseminated with different from the valuation per Fund entry Dividend Reinvestment Service respect to the Index on a daily basis by share of the actual portfolio of the Fund available for use by beneficial owners of means of CTA including shares would not be different than the Fund through DTC Participants for outstanding and cash amount per circumstances causing any index fund reinvestment of their cash proceeds. As an Index Fund Shares, the Fund is Creation Unit aggregation, which is or trust to diverge from an underlying considered a ‘‘security’’ under the Rules made available prior to the opening of benchmark index. of the Exchange and is subject to all the trading on the Exchange. The For the Fund, the Value Calculator applicable trading rules, including the closing prices of the Fund’s Deposit utilizes closing prices (in applicable provisions of Chapter II, Section (4) (ITS Securities are readily available from, as foreign currency prices) in the principal ‘‘Trade-Throughs and Locked Markets’’), applicable, the relevant exchanges, foreign market(s) for securities in the which prohibit BSE members from automated quotation systems, or on-line Fund portfolio, and converts the price to initiating trade-throughs for ITS information services such as Bloomberg U.S. dollars. This Value is updated securities, as well as rules governing or Reuters. every 15 second during the NYSE’s Dissemination of indicative portfolio priority, parity and precedence of trading hours to reflect change in orders, market volatility related trading value. An updated indicative portfolio currency exchange rates between the halt provisions and responsibilities of value (‘‘Value’’) for the Fund is U.S. dollar and the applicable foreign the assigned specialist firm. Exchange disseminated through the CTA as currency. The Value also includes the equity margin rules will apply. calculated by a securities information applicable Cash Component for the The Fund is also subject to the provider (‘‘Value Calculator’’). The Fund. For foreign stocks, the principal 10 Exchange’s rule relating to trading halts Value is disseminated on a per Fund foreign markets that have trading hours due to extraordinary market volatility Share basis every 15 seconds during overlapping regular trading hours on the (Chapter II, Section 34A), and the regular Exchange trading hours for the NYSE, the Value Calculator will update Exchange’s rule which allows Exchange Fund. the applicable Value every 15 seconds officials to halt trading in specific The Value may not reflect the value to reflect price changes in the applicable securities, under certain circumstances of all securities included in the foreign market or markets, and convert (Chapter II, Section 34B). In exercising applicable Underlying Index. In such prices into U.S. dollars based on the discretion described in Chapter II, addition, the Value does not necessarily the current currency exchange rate. appropriate BSE officials may consider reflect the precise composition of the When the foreign market or markets are a variety of factors, including the extent current portfolio of securities held by closed but the NYSE is open, the Value to which trading is not occurring in a the Fund at a particular point in time. is updated every 15 seconds to reflect stock underlying the index and whether Therefore, the Value on a per Fund changes in currency exchange rates after other unusual conditions or Shares basis disseminated during the the foreign markets close. circumstances detrimental to the NYSE’s trading hours should not be Trading of Fund Shares on the maintenance of a fair and orderly viewed as a real-time update of the NAV Exchange. The Fund will be subject to market are present. of the Fund, which is calculated only the criteria for initial and continued The BSE’s surveillance procedures for once a day. While the Value that is listing of Index Fund Shares described the Fund will be similar to the disseminated at 9:30 a.m. is expected to in Chapter XXIV–B. procedures used for other Index Fund be generally very close to the most The BSE will require that a minimum Shares and will incorporate and rely of 100,000 Shares be outstanding when upon existing BSE surveillance systems. 10 The equity securities values included in the Value are the values of the Deposit Securities, trading begins at the BSE. This number The Exchange will issue a circular to which are the same as the portfolio that is utilized of Shares is comparable to the number its members and member organizations, generally in connection with creations and of shares outstanding when other Index prior to the commencement of trading, redemptions of the Fund Shares Creation Unit Fund Shares began trading on the BSE. alerting them to the characteristics of aggregations on that day. The equity securities included in the Value reflect the same market The BSE believes that the proposed the Fund Shares, including the fact that capitalization weighting as the Deposit Securities in minimum number of Shares required to Shares are not individually redeemable, the portfolio for the Fund. In addition to the value be outstanding when trading begins on but are redeemable only in Creation of the Deposit Securities for the Fund, the Value the BSE is sufficient to provide market Units. The circular will also confirm includes the Cash Component. The Value also reflects changes in currency exchange rates between liquidity and to further the Fund’s that investors purchasing Fund Shares the U.S. dollar and the applicable home foreign objective to seek to provide investment will be required to receive a prospectus currency. results that correspond generally to the prior to or concurrently with the
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confirmation of a transaction in the III. Date of Effectiveness of the Persons making written submissions Shares, will inform members that the Proposed Rule Change and Timing for should file six copies thereof with the procedures for purchases and Commission Action Secretary, Securities and Exchange redemptions of Shares in Creation Unit Because the foregoing proposed rule Commission, 450 Fifth Street, N.W., Size are described in the Trust change: (1) Does not significantly affect Washington, D.C. 20549–0609. Copies of Prospectus; and will confirm for the protection of investors or the public the submission, all subsequent amendments, all written statements members that the Fund Shares are interest: (2) does not impose any with respect to the proposed rule subject to existing Exchange rules significant burden on competition; and change that are filed with the relating to trading halts. Finally, the (3) does not become operative for 30 Commission, and all written circular will inform members that before days from the date of filing, or such communications relating to the a member, member organization, or shorter time as the Commission may proposed rule change between the person associated with a member designate if consistent with the Commission and any person, other than organization should make a protection of investors and the public those that may be withheld from the determination that the Fund is suitable interest; provided that the BSE has public in accordance with the for the customer and the person making given notice of its intent to file the provisions of 5 U.S.C. 552, will be the recommendation should have a proposed rule change, along with a brief reasonable basis for believing, at the available for inspection and copying at description and text of the proposed the Commission’s Public Reference time of making the recommendation, rule change, at least five business days that the customer has such knowledge Room. Copies of such filing will also be prior to the date of filing the rule available for inspection and copying at and experience in financial matters that change, or such shorter time as he may reasonably be expected to be the principal office of the BSE. designated by the Commission, the All submissions should refer to File capable of evaluating the risks and the proposed rule change has become No. SR–BSE–00–21 and should be special characteristics of the effective pursuant to section 19(b)(3)(A) submitted by March 2, 2001. recommended transaction and is of the Act 12 and Rule 19b–4(f)(6) financially able to bear the risks of the thereunder.13 For the Commission, by the Division of recommended transaction. Market Regulation, pursuant to delegated A proposed rule change filed under authority.15 2. Statutory Basis. Rule 19b–4(f)(6) may not become Margaret H. McFarland, operative prior to 30 days after the date Deputy Secretary. The BSE believes that the proposed of filing. However, Rule 19b–4(f)(6)iii) [FR Doc. 01–8010 Filed 2–8–01; 8:45 am] rule change is consistent with section permits the Commission to designate a 6(b)(5)11 of the Act, which requires that shorter time if such action is consistent BILLING CODE 8010–01–M an exchange have rules that are with the protection of investors and the designed to prevent fraudulent and public interest. The BSE seeks to have SECURITIES AND EXCHANGE manipulative acts and practices, to the proposed rule change become COMMISSION promote just and equitable principles of operative on February 2, 2001, in order trade, to foster cooperation and to allow the BSE to immediately trade, [Release No. 34–43924; File No. SR–CHX– coordination with persons engaged in pursuant to unlisted trading privileges, 01–04] shares of S&P Global 100 Index. The regulating, clearing, settling, processing Self-Regulatory Organizations; Notice Shares are already being traded on the information with respect to; and of Filing and Immediate Effectiveness NYSE. facilitating transactions in securities; to of Proposed Rule Change by the The Commission believes that it is remove impediments to and perfect the Chicago Stock Exchange, Incorporated consistent with the protection of mechanism of a free and open market Relating to Membership Dues and Fees and a national market system, and, in investors and the public interest that the general, to protest investors and the proposed rule change becomes operative February 5, 2001. public interest. immediately as of February 2, 2001.14 At Pursuant to Section 19(b)(1) of the any time within 60 days of the filing of Securities Exchange Act of 1934 B. Self-Regulatory Organization’s the proposed rule change, the (‘‘Act’’),1 and Rule 19b–4 thereunder,2 Statement on Burden on Competition Commission may summarily abrogate notice is hereby given that on January The Exchange believes that the such rule change if it appears to the 30, 2001, the Chicago Stock Exchange, proposed rule change does not impose Commission that such action is Incorporated (‘‘CHX’’ or ‘‘Exchange’’) any burden on competition that is not necessary or appropriate in the public filed with the Securities and Exchange necessary or appropriate in furtherance interest, for the protection of investors, Commission (‘‘Commission’’) the of the purposes of the Act. The BSE or otherwise in furtherance of the proposed rule change as described in seeks to trade issues already trading on purposes of the Act. Items I, II, and III below, which Items another exchange and believes that this IV. Solicitation of Comments have been prepared by the Exchange. increased competition among markets The Exchange has designated this Interested persons are invited to can benefit investors. proposal as one establishing or changing submit written data, views and a due, fee, or other charge imposed by C. Self-Regulatory Organization’s arguments concerning the foregoing, the CHX under Section 19(b)(3)(A)(ii) of Statement on Comments on the including whether the proposed rule the Act,3 which renders the proposal Proposed Rule Change Received From change is consistent with the Act. effective upon filing with the Members, Participants or Others Commission. The Commission is 12 15 U.S.C. 78s(b)(3)(A). publishing this notice to solicit The BSE has neither solicited nor 13 17 CFR 240.19b–4(f)(6). 14 For purposes only of accelerating the operative received any written comments on the 1 date of this proposal, the Commission has 15 U.S.C. 78s(b)(1). proposed rule change. 2 considered the proposed rule’s impact on 17 CFR 240.19b–4. efficiency, competition, and capital formation. 15 3 15 U.S.C. 78s(b)(3)(A)(ii). 11 15 U.S.C. 78f(b)(5). U.S.C. 78c(f). 4 See Securities Exchange Act Release No. 43778
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comments on the proposed rule change by: (a) Setting a flat per share fee, or otherwise in furtherance of the from interested persons. instead of a graduated fee based on the purposes of the Act. number of shares traded, for agency I. Self-Regulatory Organization’s IV. Solicitation of Comments transactions in certain securities that are Statement of the Terms of Substance of executed through a floor broker; (b) Interested persons are invited to the Proposed Rule Change raising the current caps on transaction submit written data, views, and The Exchange proposes to amend its fees paid by member firms; and (c) arguments concerning the foregoing, membership dues and fees schedule (the reorganizing the Schedule to include all including whether the proposal is ‘‘Schedule’’), retroactive to January 1, of its transaction fees in the same place. consistent with the Act. Persons making 2001, to reinstate a monthly cap on In the course of making these changes, written submissions should file six transaction fees of $.40 per 100 average the Exchange inadvertently omitted one copies thereof with the Secretary, monthly gross round lot shares. The text of the monthly caps on transaction fees. Securities and Exchange Commission, of the proposed rule change is below. The Exchange has instituted several fee 450 Fifth Street, NW., Washington, DC Proposed new language is in italics. caps, including dollar-valued caps on 20549–0609. Copies of the submission, all subsequent amendments, all written Membership Dues and Fees transactions sent through the CHX’s MAX system and on transactions in statements with respect to the proposed * * * * * both Nasdaq/NMS and Dual Trading rule change that are filed with the System securities.5 The cap to be Commission, and all written F. Transaction and Order Processing communications relating to the Fees reinstated through this proposal provides an additional ceiling on those proposed rule change between the 4. Transaction Fees fees by ensuring that a member’s Commission and any person, other than a.–g. No change to text. maximum monthly transaction fees will those that may be withheld from the h. Effective January 1, 2001, monthly not exceed $.40 per 100 average public in accordance with the maximums for fees: monthly gross round lot shares, if this provisions of 5 U.S.C. 552, will be (1) Maximum monthly transaction calculation results in a lower fee available for inspection and copying in fees for orders sent via MAX: $7,000; payment. the Commission’s Public Reference (2) Maximum monthly transaction fee Room. Copies of such filing will also be for transactions in NASDAQ/NMS 2. Statutory Basis available for inspection and copying at Securities: $110,000; The Exchange believes the proposed the principal office of the Exchange. All (3) Maximum monthly transaction fee rule change is consistent with Section submissions should refer to file number for transactions in Dual Trading System 6(b)(4) of the Act 6 in that it provides for SR–CHX–01–04, and should be Securities: $110,000; the equitable allocation of reasonable submitted by March 2, 2001. (4) Maximum monthly transaction dues, fees and other charges among its For the Commission, by the Division of fees shall not exceed the lesser of that members. Market Regulation, pursuant to delegated specified in (1), (2) or (3) above, or $.40 authority.9 per 100 average monthly gross round lot B. Self-Regulatory Organization’s Margaret H. McFarland, shares. Statement on Burden on Competition Deputy Secretary. * * * * * The Exchange does not believe that [FR Doc. 01–3363 Filed 2–8–01; 8:45 am] the proposed rule change will impose BILLING CODE 8010–01–M II. Self-Regulatory Organization’s any inappropriate burden on Statement of the Purpose of, and competition. Statutory Basis for, the Proposed Rule SECURITIES AND EXCHANGE Change C. Self-Regulatory Organization’s COMMISSION Statement on Comments on the In its filing with the Commission, the Proposed Rule Change Received From [Release No. 34–43922; File No. SR–ISE– Exchange included statements Members, Participants, or Others 00–22] concerning the purpose of and basis for the proposed rule change and discussed No written comments were solicited Self-Regulatory Organizations; Notice any comments it received on the or received. of Filing of Proposed Rule Change by proposed rule change. The text of these III. Date of Effectiveness of the International Securities Exchange LLC, statements may be examined at the Proposed Rule Change and Timing for Relating to Market Maker Financial places specified in Item IV below. The Commission Action Requirements Exchange has prepared summaries, set forth in Sections A, B, and C below, of The proposed rule change has become February 2, 2001. the most significant aspects of such effective pursuant to Section Pursuant to Section 19(b)(1) of the statements. 19(b)(3)(A)(ii) of the Act 7 and Securities Exchange Act of 1934 subparagraph (f)(2) of Rule 19b–4 (‘‘Act’’),1 and Rule 19b–4 thereunder,2 A. Self-Regulatory Organizations’s thereunder,8 because it involves a due, notice is hereby given that on November Statement of the Purpose of, and fee, or other charge. At any time within 28, 2000, the International Securities Statutory Basis for, the Proposed Rule 60 days of the filing of the proposed rule Exchange LLC (‘‘Exchange’’ or ‘‘ISE’’) Change change, the Commission may summarily filed with the Securities and Exchange 1. Purpose abrogate such change if it appears to the Commission (‘‘SEC’’ or ‘‘Commission’’) Commission that such action is the proposed rule change as described On December 18, 2000, the Exchange necessary or appropriate in the public in Items I, II, and III below, which items filed a proposed rule change to amend interest, for the protection of investors, have been prepared by the Exchange. the Schedule in several ways.4 Among The Commission is publishing this other things, the proposal made changes 3 15 U.S.C. 78s(b)(3)(A)(ii). to the CHX’s transaction fee structure 4 See Securities Exchange Act Release No. 43778 9 17 CFR 200.30–3(a)(12). (December 28, 2000), 66 FR 1164 (January 5, 2001) 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b–4. (SR–CHX–00–38). 2 17 CFR 240.19b–4.
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notice to solicit comments on the the minimum level required by Rule burden on its members to make the proposed rule change from interested 809, the Member must notify the variable calculation on a daily basis. persons. Exchange of its equity level on a daily The flat $1 million requirements far basis from the date the net liquidating exceeds the minimum equity I. Self-Regulatory Organization’s equity first comes below this level until requirements for market makers on the Statement of the Terms of Substance of and including three days following the other four options exchanges, and it is the Proposed Rule Change date that the equity first comes above unlikely that the option position ISE is proposing to amend Exchange this level. component would exceed $1 million. Rule 809 regarding ‘‘Financial .03 If a Member’s net liquidating With respect to PMMs, the proposed Requirements for Market Makers.’’ equity falls below the minimum level amendment would require PMMs to Specifically, the proposal would amend required by this Rule, the Member must maintain $3.25 million plus $25,000 for and further define the calculations immediately notify the Exchange of the each issue over 10. When the Exchange necessary to determine the minimum deficiency and must submit within five phases-in trading in 600 options with financial requirements for the (5) business days a business plan for approximately 60 options trading in Exchange’s market makers, and specify raising its equity to the appropriate each of its 10 groups or ‘‘bins,’’ this certain reporting requirements when a level. The Exchange may determine to requirement would equal $4.5 million market maker fails to maintain the appoint an interim Primary Market for PMMs trading in one bin, and $6.0 minimum financial requirements. The Maker when, in its discretion, the million for a PMM trading in two bins.3 text of the proposed rule change Member’s failure to maintain the The Exchange also proposes to update follows. New text is italicized and minimum level required by this Rule its rule to replace the phrase ‘‘cash or deleted text is bracketed. limits its ability to comply with market liquid asset position’’ with ‘‘net Rule 809. Financial Requirements for making obligations under the Rules. liquidating equity,’’ and to define the later term. This will conform our rule to Market Makers II. Self-Regulatory Organization’s the Chicago Board Options Exchange’s Statement of the Purpose of, and (a) Primary Market Makers. Every (‘‘CBOE’’) rule.4 The proposed Statutory Basis for, the Proposed Rule Primary Market Maker shall maintain [a definition of net liquidating equity, Change cash or liquid asset position equal to the which is the sum of positive cash greater of] net liquidating equity of not In its filing with the Commission, the balances and long securities positions less than $3,250,000 plus $25,000 Exchange included statements less negative cash balances and short excess equity for each underlying concerning the purpose of and basis for securities positions, is the same as the security upon which appointed options the proposed rule change and discussed CBOE definition of the term in CBOE are open for trading in excess of the any comments it received on the Rule 12.3(f)(1)(F). initial ten (10) underlying securities proposed rule change. The text of these The Exchange further proposes to [$5,000,000 or an amount sufficient to statements may be examined at the adopt notification requirements. Market assume a position of twenty (20) options places specified in Item IV below. ISE makers would be required to notify the contracts of each class in which such has prepared summaries, set forth in Exchange if their equity fails to exceed Primary Market Maker is appointed (as Sections A, B and C below, of the most the minimum requirement by at least 20 computed on the basis of that series significant aspects of such statements. percent. This will allow the Exchange to within each such class having the monitor carefully any firm that might be A. Self-Regulatory Organization’s highest current premium)]. experiencing financial difficulties and Statement of the Purpose of, and (b) Competitive Market Makers. Every to take actions to minimize any Statutory Basis for, the Proposed Rule Competitive Market Maker shall potential risk to the Exchange or Change maintain [a cash or liquid asset position investors. A market maker that falls equal to the greater of] net liquidating 1. Purpose below the equity requirement must equity of not less than $1,000,000 [or an immediately notify the Exchange of the amount sufficient to assume a position Exchange Rule 809 sets forth the minimum financial requirements for deficiency and submit a plan for raising of ten (10) options contracts in each its equity to the appropriate level. class of options to which the market makers. Currently, Exchange Rule 809 provides that every Primary Finally, in the case of a PMM with Competitive Market Maker is appointed deficient equity, the Exchange may (as computed on the basis of that series Market Maker (‘‘PMM’’) maintain a cash or liquid asset position equal to the determine to appoint an interim PMM. within each such class having the The Exchange will do so when, in its highest current premium)]. greater of $5,000,000 or an amount sufficient to assume a position of twenty discretion, the Member’s failure to (c) Each market maker that makes an maintain the minimum level limits its arrangement to finance his transactions (20) options contracts of each class in which the PMM is appointed. Exchange ability to comply with market making as a market maker must identify to the obligations. Exchange the source of the financing Rule 809 similarly provides that every and its terms. The Exchange must be Competitive Market Maker (‘‘CMM’’) 2. Statutory Basis informed immediately of the intention maintain a cash or liquid asset position The basis under the Act for this of any party to terminate or change any equal to the greater of $1,000,000 or an proposed rule change is the requirement such arrangement. amount sufficient to assume a position under section 6(b)(5) 5 that an exchange of ten (10) options contracts in each Supplemental Material to Rule 809 class of options to which the CMM is 3 Pursuant to Exchange Rule 317(a), a member .01 For purposes of Rule 809, the term appointed. cannot be approved to trade in more than two bins ‘‘net liquidating equity’’ means the sum The Exchange proposes to eliminate as a PMM. of positive cash balances and long the option position component in 4 See CBOE Rule 8.86, which states that ‘‘[e]ach securities positions less negative cash calculating the minimum equity. With DPM shall maintain (i) net liquidating equity in its DPM account of not less than $100,000, and in balances and short securities positions. respect to CMMs, the Exchange believes conformity with such guidelines as the MTS .02 Each day that a Member’s net that the option position component in Committee may establish from time to time.’’ liquidating equity is less than 120% of the current rule places an unnecessary 5 15 U.S.C. 78f(b)(5).
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have rules that are designed to promote referenced self-regulatory organization. the ability of a member that is subject just and equitable principles of trade, All submissions should refer to File No. to the Net Capital Rule to request an and, in general, to protect investors and SR–ISE–00–22 and should be submitted exemption from the requirement under the public interest. by March 2, 2001. NASD Rule 1022(b) to have a FINOP; and (3) exclude from the requirements B. Self-Regulatory Organization’s For the Commission, by the Division of of NASD Rules 1022(b) and 1022(c) Statement on Burden on Competition Market Regulation, pursuant to delegated authority.6 those firms are exempt from or The proposed rule change does not Margaret H. McFarland, otherwise not subject to the Net Capital impose any burden on competition not Deputy Secretary. Rule. The proposed amendments to necessary or appropriate in furtherance [FR Doc. 01–3340 Filed 2–8–01; 8:45 am] NASD Rule 9610(a) would eliminate of the purposes of the Act. BILLING CODE 8010–01–M NASD Rule 1022 from the list of rules C. Self-Regulatory Organization’s from which a member may seek Statement on Comments on the exemptive relief. The proposed Proposed Rule Change Received From SECURITIES AND EXCHANGE amendments to NASD Rule 9610(a) also Members, Participants or Others COMMISSION would make a technical change to clarify that the Rule 9600 Series merely The Exchange has not solicited, and [Release No. 34–43928; File No. SR–NASD– sets forth procedures for seeking 00–77] does not intend to solicit, comments on exemptive relief, and that the type of this proposed rule change. The Self-Regulatory Organizations; Notice relief that may be requested, and the Exchange has not received any of Filing of Proposed Rule Change by authority to grant such relief, is found unsolicited written comments from National Association of Securities in the rules listed in NASD Rule members or other interested parties. Dealers, Inc. Relating to Registration 9610(a). III. Date of Effectiveness of the Requirements for Limited Principals- Below is the text of the proposed rule Proposed Rule Change and Timing for Financial and Operations and Limited change. Proposed new language is in Commission Action Principals-Introducing Broker/Dealer italics; proposed deletions are in [brackets]. Within 35 days of the date of Financial and Operations * * * * * publication of this notice in the Federal February 5, 2001. Register or within such longer period (i) Pursuant to section 19(b)(1) of the 1020. Registration of Principals as the Commission may designate up to Securities Exchange Act of 1934 * * * * * 90 days of such date if it finds such (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 longer period to be appropriate and notice is hereby given that on December 1022. Categories of Principal publishes its reasons for so finding or 20, 2000, the National Association of Registration (ii) as to which the self-regulatory Securities Dealers, Inc. (‘‘NASD’’), organization consents, the Commission (a) No change through its subsidiary, NASD (b) Limited Principal-Financial and will: Regulation, Inc. (‘‘NASD Regulation’’) (a) By order approve such proposed Operations filed with the Securities and Exchange (1) Every member of the Association, rule change; or Commission (‘‘Commission’’ or ‘‘SEC’’) (b) Institute proceedings to determine [unless exempted by subparagraph (4),] the proposed rule change as described that is operating pursuant to the whether the proposed rule change in Items I, II, and III below, which Items should be disapproved. provisions of SEC Rule 15c3–1 (a)(1)(ii), have been prepared by NASD (a)(2)(i) or (a)(8), shall designate as IV. Solicitation of Comments Regulation. The Commission is Limited Principal-Financial and Interested persons are invited to publishing this notice to solicit Operations those persons associated submit written data, views and comments on the proposed rule change with it, at least one of whom shall be its arguments concerning the foregoing, from interested persons. chief financial officer, who performs the including whether the proposed rule I. Self-Regulatory Organization’s duties described in subparagraph [(b)](2) change is consistent with the Act. Statement of the Terms of Substance of hereof. Each person associated with a Persons making written submissions the Proposed Rule Change member who performs such duties shall should file six copies thereof with the NASD Regulation proposes to amend be required to register as a Limited Secretary, Securities and Exchange three rules: NASD Rule 1022(b) (Limited Principal-Financial and Operations with Commission, 450 Fifth Street, NW., Principal-Financial and Operations the Association and shall pass an Washington, DC 20549–0609. Copies of (‘‘FINOP’’)), NASD Rule 1022(c) appropriate Qualification Examination the submission, all subsequent (Limited Principal-Introducing Broker/ before such registration may become amendments, all written statements Dealer Financial and Operations effective. with respect to the proposed rule (‘‘Introducing FINOP’’)), and NASD (2) and (3) No change. change that are filed with the Rule 9610 (Procedures for Exemptions). [(4) Pursuant to the Rule 9600 Series, Commission, and all written The proposed amendments to NASD the Association may exempt a member communications relating to the Rules 1022(b) and 1022(c) would (1) or an applicant for membership in the proposed rule change between the clarify the applicability of NASD Rules Association from the requirement to Commission and any person, other than 1022(b) and 1022(c) to members by have a Limited Principal-Financial and those that may be withheld from the making citations in these rules Operations if:] public in accordance with the consistent with Exchange Rule 14c3–1 [(A) it has been expressly exempted provisions of 5 U.S.C. 552, will be (the ‘‘Net Capital Rule’’) 3; (2) eliminate by the Commission from SEC Rule available for inspection and copying in 15c3–1(b)(1)(iii);] the Commission’s Public Reference 6 17 CFR 200.30–3(a)(12). [(B) it is subject to the provisions of Room. Copies of such filing will also be 1 15 U.S.C. 78s(b)(1). SEC Rule 15c3–1(a)(2) or to Section available for inspection and copying at 2 17 CFR 240.19b–4. 402.2(c) of the rules of the Treasury the principal office of the above- 3 17 CFR 240.15c3–1. Department.]
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[(5)] (4) A person registered solely as the Office of General Counsel of NASD exemption from the requirement to have a Limited Principal-Financial and Regulation. a FINOP. As a procedural matter, NASD Operations shall not be qualified to (b) and (c) No change Regulation proposes to amend NASD function in a principal capacity with * * * * * Rule 9610(a) to eliminate NASD Rule responsibility over any area of business 1022 from the list of rules for which a activity not described [prescribed] in II. Self-Regulatory Organization’s member may file an application to seek subparagraph (2) hereof. Statement of the Purpose of, and exemptive relief. NASD Regulation (c) Limited Principal-Introducing Statutory Basis for, the Proposed Rule believes that firms that are subject to the Broker/Dealer Financial and Operations Change Net Capital Rule should not be (1) Every member of the Association, In its filing with the Commission, exempted from the requirement to [which is operating pursuant to the NASD Regulation included statements employ a FINOP or Introducing FINOP. provisions of SEC Rule 15c3–(a)(2)(i) or concerning the purpose of and basis for In the rare instance that a firm believes (vi) and to the provisions of SEC Rule the proposed rule change and discussed that a particular individual should not 15c3–3(k)(2)(ii),] that is subject to the any comments it received on the be required to take and pass the Series requirements of SEC Rule 15c3–1, other proposed rule change. The text of these 27 or Series 28 Examination based on than SEC Rule 15c3–1(a)(1)(ii), (a)(2)(i) statements may be examined at the that individual’s experience and or (a)(8), shall designate as Limited places specified in Item IV below. qualifications, the firm may seek an Principal-Introducing Broker/Dealer NASD Regulation has prepared exam waiver for that individual Financial and Operations those persons summaries, set forth in Sections A, B, pursuant to NASD Rule 1070(e). associated with it, at least one of whom and C below, of the most significant The proposed amendments to NASD shall be its chief financial officer, who aspects of such statements. 1022(b) also would eliminate the ability, perform the duties described in as well as the need, for members that are [paragraph] subparagraph (2)[,] hereof. A. Self-Regulatory Organization’s Statement of the Purpose of, and exempt from the Net Capital Rule to Each person associated with a member seek exemptive relief from the FINOP or who performs such duties shall be Statutory Basis for, the Proposed Rule Change Introducing FINOP requirements. As required to register as a Limited noted above, the proposed changes to Principal-Introducing Broker/Dealer 1. Purpose both NASD Rule 1022(b) and 1022(c) Financial and Operations with the NASD Rules 1022(b) and 1022(c) set would make clear that the requirements Association and shall pass an forth the registration requirements for to have a FINOP or Introducing FINOP appropriate Qualification Examination FINOPs and Introducing FINOPs. apply only to firms that are subject to before such registration may become FINOPs are required to take and pass the requirements of the Net Capital effective. the Series 27 Principal Examination. Rule. Members that are exempt from or (2) No change. Introducing FINOPs are required to take otherwise not subject to the Net Capital (3) Except as provided in Rule and pass the Series 28 Principal Rule would no longer be subject to the 1021(c), a person designated pursuant to Examination. The proposed requirements of either NASD Rule the provisions of subparagraph (1) amendments to NASD Rule 1022(b) 1022(b) or NASD Rule 1022(c). hereof, shall not be required to take the would clarify that every broker or dealer Therefore, under the proposed Limited Principal-Introducing Broker/ that is operating pursuant to the amendments, it would no longer be Dealer Financial and Operations provisions of Exchange Act Rule 15c3– necessary for such members to seek Examination and shall be qualified for 1(a)(1)(ii) or (a)(2)(i) 4 (both of which exemptive relief from the requirements registration as a Limited Principal- subject brokers or dealers to a minimum of those rules. Introducing Broker/Dealer Financial and net capital requirement of $250,000), or Operations if such a person is qualified The proposed amendments would (a)(8) 5 (which subjects municipal to be registered or is registered as a have no effect on individuals who are securities brokers’ brokers to a Limited Principal-Financial and currently grandfathered for the Series 27 minimum $150,000 net capital Operations [as defined in paragraph 2 or Series 28 Examination, because these requirement) must have a FINOP. The hereof.] pursuant to Rule 1022(b). persons are considered to possess the proposed amendments to NASD rule license for which they were (4) No change. 6 (d) through (g) No change. 1022(c) would clarify that every broker grandfathered. In addition, NASD or dealer that is subject to the Regulation represents that firms * * * * * requirements of the Net Capital Rule, currently the subject of a FINOP waiver 9600. PROCEDURES FOR and is not required to employ a FINOP would not be subject to the proposed EXEMPTIONS pursuant to NASD Rule 1022(b), is rule amendments.7 required to have at least one associated 9610. Application Finally, the proposed amendments to person who has registered as an NASD Rule 9610(a) would make a (a) Where to file Introducing FINOP. The proposed technical change to clarify that the Rule A member seeking [an exemption amendments to NASD Rule 1022(c) also 9600 Series merely sets forth procedures from] exemptive relief provided in Rules would clarify that a person qualified as for seeking exemptive relief, and that 1021, [1022,]1070, 2210, 2320, 2340, a Series 27 FINOP is not required to take the type of relief that may be requested, 2520, 2710, 2720, 2810, 2850, 2851, the Series 28 Examination if he or she and the authority to grant such relief, is 2860, Interpretive Material 2860–1, is employed as an Introducing FINOP. 3010(b)(2), 3020, 3210, 3230, 3350, In addition, the proposed 6 Only individuals who qualified as ‘‘Financial 8211, 8212, 8213, 11870, or 11900, amendments to NASD Rule 1022(b) Principals’’ before the establishment of the Series Interpretive Material 2110–1, or would eliminate the provisions that 27 examination were grandfathered as FINOPs and Municipal Securities Rulemaking Board allow a broker or dealer that is subject were not required to take either the Series 27 or Rule G–37 shall file a written to the Net Capital Rule to seek an Series 28 examination. 7 Telephone conversation between Shirley Weiss, application with the appropriate Attorney, NASD Regulation, and Andrew Shipe, department or staff of the Association 4 17 CFR 240.15c3–1(a)(1)(ii), and (a)(2)(i). Attorney, Division of Market Regulation, and provide a copy of the application to 5 17 CFR 240.15c3–1(a)(8). Commission, on January 11, 2001.
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found in the rules listed in NASD Rule arguments concerning the foregoing, approve the proposal on an accelerated 9610(a). including whether the proposed rule basis. change is consistent with the Act. 2. Statutory Basis I. Self-Regulatory Organization’s Persons making written submissions Statement of the Terms of Substance of NASD Regulation believes that the should file six copies thereof with the the Proposed Rule Change proposed rule change is consistent with Secretary, Securities and Exchange the provisions of section 15A(b)(6) of Commission, 450 Fifth Street, NW., The Phlx proposes to amend its rules the Act,8 which requires, among other Washington, DC 20549–0609. Copies of to create listing criteria and amend things, that the Association’s rules must the submission, all subsequent trading rules to allow the Exchange to be designed to prevent fraudulent and amendments, all written statements list options on Exchange-Traded Fund manipulative acts and practices, to with respect to the proposed rule Shares. The text of the proposed rule promote just and equitable principles of change that are filed with the change is available at the Phlx or the trade, and, in general, to protect Commission, and all written Commission. investors and the public interest. NASD communications relating to the Regulation believes that the proposed II. Self-Regulatory Organization’s proposed rule change between the Statement of the Purpose of, and rule change is designed to accomplish Commission and any person, other than these ends by clarifying the Statutory Basis for, the Proposed Rule those that may be withheld from the Change applicability of NASD Rule 1022(b) and public in accordance with the (c) to members by making the citations provisions of 5 U.S.C. 552, will be In its filing with the Commission, the in the rules consistent with the Net available for inspection and copying in Phlx included statements concerning Capital Rule and by eliminating the the Commission’s Public Reference the purpose of and basis for the ability of brokers or dealers that are Room. Copies of such filing will also be proposed rule change. The text of these subject to the Net Capital Rule from available for inspection and copying at statements may be examined at the operating without a FINOP or the principal office of the NASD. All places specified in Item III below. The Introducing FINOP. The proposed rule submissions should refer to File No. Phlx has prepared summaries, set forth change also would help members by SR–NASD–00–77 and should be in sections A, B and C below, of the clarifying the circumstances under submitted by March 2, 2001. most significant aspects of such which a FINOP must have taken and statements. passed either Series 27 or Series 28 For the Commission, by the Division of Examination. Market Regulation, pursuant to delegated A. Self-Regulatory Organization’s authority.9 Statement of the Purpose of, and B. Self-Regulatory Organization’s Margaret H. McFarland, Statutory Basis for, the Proposed Rule Statement on Burden on Competition Deputy Secretary. Change NASD Regulation does not believe [FR Doc. 01–3361 Filed 2–8–01; 8:45 am] 1. Purpose that the proposed rule change will result BILLING CODE 8010–01–M in any burden on competition that is not The purpose of the proposed rule necessary or appropriate in furtherance change is to provide for the trading of of the purposes of the Act. SECURITIES AND EXCHANGE options and FLEX options on Exchange- COMMISSION Traded Fund Shares.3 As noted above, C. Self-Regulatory Organization’s Exchange-Traded Fund Shares are Statement on Comments on the [Release No. 34–43921; File No. SR–Phlx– exchange-listed securities representing Proposed Rule Change Received From 00–107] interests in open-end unit investment Members, Participants, or Others Self-Regulatory Organizations; Notice trusts or open-end management Written comments were neither of Filing and Order Granting investment companies (‘‘Funds’’) that solicited nor received. Accelerated Approval of Proposed hold securities based on an index or a 4 III. Date of Effectiveness of the Rule Change by the Philadelphia Stock portfolio of securities. Exchange- Proposed Rule Change and Timing for Exchange, Inc., Relating to Listing and Traded Fund Shares are issued in Commission Action Trading of Options on Exchange- exchange for an ‘‘in kind’’ deposit of a Traded Fund Shares specified portfolio of securities, together Within 35 days of the date of with a cash payment, in minimum size publication of this notice in the Federal February 2, 2001. aggregations or multiples thereof Register or within such longer period (i) Pursuant to section 19(b)91) of the (‘‘Creation Units’’). The size of the as the Commission may designate up to Securities Exchange Act of 1934 applicable Creation Unit size 90 days of such date if it finds such (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 aggregation is set forth in the Fund’s longer period to be appropriate and prospectus, and varies from one series publishes its reasons for so finding or notice is hereby given that on December 21, 2000, the Philadelphia Stock (ii) as to which the self-regulatory 3 In general, FLEX options provide investors with organization consents, the Commission Exchange, Inc. (‘‘Phlx’’ or ‘‘Exchange’’) filed with the Securities and Exchange the ability to customize basic option features will: including size, expiration date, exercise style, and (A) By order approve such proposed Commission (‘‘SEC’’ or ‘‘Commission’’) certain exercise prices. See Phlx Rule 1079. rule change; or the proposed rule change as described 4 Currently, the Exchange trades unit investment (B) Institute proceedings to determine in Items I and II below, which Items trust securities known as Trust Shares. The have been prepared by the Phlx. The Exchange has also just received approval to trade whether the proposed rule change Index Fund Shares which are issued by an open- should be disapproved. Commission is publishing this notice to end management investment company. Trust solicit comments on the proposed rule Shares and Index Fund Shares are listed on the IV. Solicitation of Comments changes from interested persons and to Phlx pursuant to Role 803(i) and 803(l), Interested persons are invited to respectively, and trade like shares of common stock. The Commission notes that not all Trust Shares or submit written data, views, and 9 17 CFR 200.30–3(a)(12). Index fund shares trading on the Phlx may meet the 1 15 U.S.C. 78s(b)(1). standards for options trading approved by this 8 15 U.S.C. 78o–3(b)(6). 2 17 CFR 240.19b–4. order.
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of Exchange-Traded Fund Shares to applicable to FLEX options overlying particular series of Exchange-Traded another, but generally is of substantial Exchange-Traded Fund Shares. Fund Shares should cease to trade on an size (e.g., value in excess of $450,000 The listing and maintenance exchange or as national market per Creation Unit). A Fund, generally, standards proposed for options on securities traded through the facilities of will issue and sell Exchange-Traded Exchange-Traded Fund Shares are set a national securities association, there Fund Shares in Creation Unit size forth in proposed Commentary .06 will be no opening transactions in the through a principal underwriter on a under Phlx Rule 1009 and in proposed options on the Exchange-Traded Fund continuous basis at the net asset value Commentary .08 under Phlx Rule 1010, Shares, and all such options will trade per share next determined after an order respectively. Pursuant to the proposed on a liquidation-only basis. In addition, to purchase Exchange-Traded Fund initial listing standards, Phlx will only the Phlx will consider the suspension of Shares and the appropriate securities list options on Exchange-Traded Fund opening transactions in any series of are received. Following issuance, Shares that are principally traded on a options of the class covering Exchange- Exchange-Traded Fund Shares are national securities exchange or through Traded Fund Shares if: (1) The options traded on an exchange like other equity the facilities of a national securities fail to meet the uniform equity option securities, and equity trading rules association and reported as national maintenance standards in apply. Likewise, redemption of market securities. in addition, the initial Commentary.01 to Rule 1010,8 when the Exchange-Traded Fund Shares is made listing standards require that either: (1) options were listed pursuant to the in Creation Unit size and ‘‘in kind,’’ The Exchange-Traded Fund Shares meet equity option listing standards of with a portfolio of securities and cash the uniform options listing standards in Commentary .01 to Rule 1009; (2) exchange for the Exchange-Traded Fund Commentary .01 to Rule 1009, which following the initial twelve-month Shares that have been tendered for include minimum public float, trading period beginning upon the redemption volume, and share price of the commencement of trading of the Generally, options on Exchange- underlying security in order to list the Exchange-Traded Fund Shares on a Traded Fund Shares are proposed to be option,6 or (2) the Exchange-Traded national securities exchange or as traded on the Exchange pursuant to the Fund Shares must be available for national market securities through the same rules and procedures that apply to creation or redemption each business facilities of a national securities trading in options on equity securities. day in cash or in kind from the Fund at association there are fewer than 50 However, the Exchange is also a price related to the net asset value, record and/or beneficial holders of proposing to list FLEX options on and the Exchange will require that the Exchange-Traded Fund Shares for 30 or Exchange-Traded Fund Shares and investment company shall provide that more consecutive trading days; (3) the some options will have a unit of trading Exchange-Traded Fund Shares may be value of the index or portfolio of of 1000 Exchange-Traded Fund Shares. created even through some or all of the securities on which the Exchange- The Exchange will list option contracts securities needed to be deposited have Traded Fund Shares are based is no 7 covering either 100 or 1000 Exchange- not been received by the Fund. longer calculated or available; or (4) Traded Fund Shares, or both, depending In addition, the initial listing such other event shall occur or on the price and volatility of the standards require that: (1) Any condition exist that in the opinion of the underlying Exchange-Traded Fund Exchange-Traded Fund Share with non- Exchange makes further dealing in such Shares and the popularity of the U.S. stocks in the underlying index or options on the Exchange inadvisable. options.5 portfolio that are not subject to Options on Exchange-Traded Fund The proposed position, exercise and comprehensive surveillance agreements Shares will be physically-settled and reporting limits for options on do not in the aggregate represent more will have the American-style exercise Exchange-Traded Fund Shares would be than 50% of the weight of the index or feature used on all standardized equity the same as those established for stock portfolio; (2) stocks for which the options. The Exchange, however, also options as set forth in Phlx Rules 1001, primary market is in any one country proposes to trade FLEX options, which 1002 and 1003. The Phlx anticipates that is not subject to a comprehensive will be available with both the that most options on Exchange-Traded surveillance agreement do not represent American-style and European-style Fund Shares initially will qualify for 20% or more of the weight of the index exercise feature, as well as other FLEX only the lowest position limit. As with or portfolio; and (3) stocks for which the option features.9 other equity options, the position limits primary market is in any two countries The proposed margin requirements will be increased for options if the that are not subject to comprehensive for options on Exchange-Traded Fund volume of trading in the Exchange- surveillance agreements do not Shares are at the same levels that apply Traded Fund Shares increases to meet represent 33% or more of the weight of to options generally under Exchange the requirements of a higher limit. As is the index or portfolio. Rule 722, except, with respect to The Exchange’s proposed currently the case for all FLEX options, Exchange-Traded Fund Shares based on maintenance standards provide that if a no position or exercise limits will be a broad-based index or portfolio, minimum margin must be deposited 5 This 1000 share feature was proposed and 6 Specifically, Commentary .01 to Rule 1009 approved by the American Stock Exchange and The requires the underlying security to have a public Options Clearing Corporation. Securities Exchange float of 7,000,000 shares, 2,000 holders, trading 8 Specifically, Commentary .01 to Rule 1010 Act Release Nos. 40157 (July 1, 1998), 63 FR 37426 volume of 2,400,000 shares in the preceding 12 provides that an underlying security will not meet (July 10, 1998) (SR–Amex–96–44) and 40132 (June months, a share price of $7.50 for the majority of the Exchange’s requirements for continued listing 25, 1998), 63 FR 36467 (June 25, 1998) (SR–OCC– the business days during the three calendar months when, among other things; (1) There are fewer than 97–02). In the event the Exchange lists options preceding the date of the selection, and that the 6,300,000 publicly-held shares; (2) there are fewer covering both 100 and 1000 of the same underlying issuer of the underlying security is in compliance than 1,600 holders; (3) trading volume was less than Exchange-Traded Fund Shares, the Exchange will with the Act. 1,800,000 shares in the preceding twelve months; assign separate trading symbols to the options and 7 This assumes that the authorized creation or (4) the share price of the underlying security will issue an Information Circular to all its members participant has undertaken to deliver the shares as closed below $5 on a majority of the business days advising of the trading symbols. Telephone soon as possible and such undertaking has been during the preceding 6 months. conservation between John Dayton, Assistant secured by the delivery and maintenance of 9 An American-style option may be exercised at Secretary and Counsel, Phlx, and Heather Traeger, collateral consisting of cash or cash equivalents any time prior to its expiration. A European-style Special Counsel, Division of Market Regulation, satisfactory to the Fund which underlies the option, option, however, may be exercised only on its Commission, on January 31, 2001. as described in the Fund prospectus. expiration date.
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and maintained equal to 100% of the thereof with the Secretary, Securities such as options on Fund Shares, can current market value of the option plus and Exchange Commission, 450 Fifth commence trading on a national 15% of the market value of equivalent Street, NW, Washington, DC 20549– securities exchange. The Commission units of the underlying security value. 0609. Copies of the submission, all notes that the trading of standardized Exchange-Traded Fund Shares that hold subsequent amendments, all written exchange-traded options occurs in an securities based upon a narrow-based statements with respect to the proposed environment that is designed to ensure, index or portfolio must have options rule change that are filed with the among other things, that: (1) The special margin that equals at least 100% of the Commission, and all written risks of options are disclosed to public current market value of the contract communications relating to the customers; (2) only investors capable of plus 20% of the market value of proposed rule change between the evaluating and bearing the risks of equivalent units of the underlying Commission and any person, other than options trading are engaged in such security value. In this respect, the those that may be withheld from the trading; and (3) special compliance margin requirements proposed for public in accordance with the procedures are applicable to options options on Exchange-Traded Fund provisions of 5 U.S.C. 552, will be accounts. With regard to position and Shares are comparable to margin available for inspection and copying in requirements that currently apply to the Commission’s Public Reference exercise limits, the Commission finds broad-based and narrow-based index Room. Copies of such filing will also be that it is appropriate to adopt the tiered options. available for inspection and copying at approach used in setting position and The Exchange believes it has the the principal office of the Phlx. All exercise limits for standardized stock necessary systems capacity to support submissions should refer to File No. options. This approach should serve to the additional series of options that SR–Phlx–00–107 and should be minimize potential manipulation and would result from the introduction of submitted by March 2, 2001. market impact concerns. In addition, the options on Exchange-Traded Fund Commission believes that the rationale Shares, and it has been advised that the IV. Commission’s Findings and Order for allowing FLEX Equity options Options Price Reporting Authority Granting Accelerated Approval of generally to trade without position and Proposed Rule Change (‘‘OPRA’’) also will have the capacity to exercise limits is equally applicable in support these additional series due to The Commission finds that the the context of FLEX Equity options on recent enhancements. proposed rule change, as amended, is Fund Shares. consistent with the requirements of the 2. Statutory Basis Accordingly, because options and Act and the rules and regulations FLEX Equity options on Fund Shares The Phlx believes that the listing and thereunder applicable to a national will be subject to the same regulatory trading of options on Exchange-Traded securities exchange, and, in particular, Fund Shares should provide investors with the requirements of section regime as the other options and FLEX with another choice of venue to conduct 6(b)(5).11 Specifically, the Commission Equity options currently traded on the trading in these products. Thus, the believes that providing for the listing Phlx, the Commission believes that Exchange believes that the proposed and trading of options and FLEX Equity adequate safeguards are in place to rule change is consistent with section options 12 on Exchange-Traded Fund ensure the protection of investors in 6(b)(5) of the Act 10 in that it is designed Shares should give investors a better options and FLEX Equity options on to promote just and equitable principles means to hedge their positions in the Fund Shares. of trade, to remove impediments to and underlying Fund Shares. Further, the The Commission also believes that it perfect the mechanism of a free and Commission believes that pricing of the is appropriate to permit the Phlx to list open market and a national market underlying Fund Shares may become and trade options, including FLEX system and, in general, to protect more efficient and market makers in Equity options, on Exchange-Traded investors and the public interest. these shares, by virtue of enhanced Fund Shares given that these options B. Self-Regulatory Organization’s hedging opportunities, may be able to must meet specific requirements related Statement on Burden on Competition provide deeper and more liquid to the protection of investors.14 First, markets. In sum, the Commission the Exchange’s listing and delisting The Phlx does not believe that the believes that options on Fund Shares criteria for options on Fund Shares are proposed rule change will impose any likely will engender the same benefits to adequate. With regard to initial listing, inappropriate burden on competition. investors and the market place that exist the proposal requires that either: (1) The with respect to options on common C. Self-Regulatory Organization’s underlying Fund Shares meet the Phlx’s Statement on Comments on the stock, thereby serving to promote the public interest and remove impediments uniform options listing standards; or (2) Proposed Rule Change Received From the Exchange-Traded Fund Shares must Members, Participants or Others to a free and open securities market.13 As a general matter, the Commission be available for creation or redemption The Phlx has neither solicited nor believes that a regulatory system each business day in cash or in kind received written comments on the designed to protect public customers from the Fund at a price related to the proposed rule change. must be in place before the trading of net asset value, and the Exchange will III. Solicitation of Comments sophisticated financial instruments, require that the underlying Fund Shares may be created even though some or all Interested persons are invited to 11 submit written data, views and 15 U.S.C. 78f(b)(5). 12 The Commission hereby incorporates by 14 The Commission notes, and Phlx has verified, arguments concerning the foregoing, reference its findings and conclusions with respect that holders of options on Fund Shares who including whether the proposed rule to the appropriateness of FLEX Equity options exercise and receive the underlying Fund Shares change, as amended, is consistent with generally. See Securities Exchange Act Release No. must receive, like any purchaser of Fund Shares, a the Act. Persons making written 37336 (June 19, 1996), 61 FR 33558 (June 27, 1996). product description or prospectus, as appropriate. 13 In approving this rule, the Commission notes Telephone conversation between John Dayton, submissions should file six copies that it has also considered the proposed rule’s Assistant Secretary and Counsel, Phlx, and Geoffrey impact on efficiency, competition, and capital Pemble, Attorney, Division of Market Regulation, 10 15 U.S.C. 78f(b)(5). formation. 15 U.S.C. 78c(f). Commission, on February 2, 2001.
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of the securities needed to be deposited primary market is in any two countries The Commission finds good cause for have not been received by the Fund.15 that are not subject to comprehensive approving the proposed rule change This listing requirement should ensure surveillance agreements do not (SR–Phlx–00–107), as amended, prior to that there exists sufficient supply of the represent 33% or more of the weight of the thirtieth day after the date of underlying Fund Shares so that a short the index or portfolio. publication of notice thereof in the call writer, for example, will have the As a general matter, the Commission Federal Register. The Commission notes ability to secure delivery of the Fund believes that comprehensive that the proposed rule change is based Shares upon exercise of the option. surveillance agreements provide an on Amex Rules 915 and 916, which the The Commission believes the Phlx important deterrent to manipulation Commission approved previously.18 has adequately addressed potential because they facilitate the availability of The Commission also observes that the concerns about the ability to produce information needed to fully investigate proposed rule change concerns issues Fund Shares upon exercise of the option a potential manipulation if it were to that previously have been the subject of through the adoption of the listing occur. These agreements are especially a full comment period pursuant to standards set forth above. In particular, important in the content of derivative section 19(b) of the Act.19 The options listed pursuant to the uniform products based on foreign securities Commission does not believe that the options listing standards will have to because they facilitate the collection of proposed rule change raises novel meet the options maintenance listing necessary regulatory, surveillance and regulatory issues that were not standards that require, among other other information from foreign addressed in the previous filings. things, that a minimum number of Fund jurisdictions. In evaluating the current Accordingly, the Commission finds that Shares be outstanding to continue proposal, the Commission believes that there is good cause, consistent with trading the options.16 The alternative requiring comprehensive surveillance section 6(b)(5) of the Act, to approve the listing criteria, noted above, should also agreements to be in place between the amended proposal on an accelerated help to ensure that the underlying Fund Phlx and the primary markets for basis. Shares will be available upon exercise foreign securities that comprise 50% or It is therefore ordered, pursuant to by requiring the Fund to allow market more of the weight of the underlying section 19(b)(2) of the Act,20 that the participants to create Fund Shares even index or portfolio upon which Fund proposed rule change (SR–Phlx–00– though some or all of the necessary Shares are based, as well as the other 107), as amended, is hereby approved securities needed to be deposited are conditions discussed above, provides an on an accelerated basis. not available.17 Although there is no adequate mechanism for the exchange of absolute assurance that market surveillance sharing information For the Commission, by the Division of necessary to detect and deter possible Market Regulation, pursuant to delegated participants will go ahead and create authority.21 Fund Shares in the event a short call market manipulations. Although the Margaret H. McFarland, writer needs to purchase Fund Shares to Commission recognizes that up to 50% meet an exercise notice, it is likely that of the Portfolio’s value may not be Deputy Secretary. arbitrage opportunities will create an covered by comprehensive surveillance [FR Doc. 01–3341 Filed 2–8–01; 8:45 am] incentive to do so. Further, in the event agreements, the other requirements will BILLING CODE 8010–01–M there are not enough Fund Shares to ensure that a significant percentage of meet exercise requirements, as with the portfolio is not made up of securities SECURITIES AND EXCHANGE other physically-settled equity options, from uncovered countries. Further, as to COMMISSION the Options Clearing Corporation has the domestically-traded Fund Shares rules that would apply to such themselves and the domestic stocks in [Release No. 34–43927; File No. SR–PHLX– situations. the underlying index or portfolio upon 01–07] Second, the Commission believes that which Fund Shares are based, the the surveillance standard developed by Intermarket Surveillance Group Self-Regulatory Organizations; Notice the Phlx for options on Fund Shares is Agreement will be applicable to the of Filing and Immediate Effectiveness adequate to address the concerns trading of options on Fund Shares. of Proposed Rule Change by the associated with the listing and trading Finally, the Commission believes that Philadelphia Stock Exchange, Inc. of such securities. Specifically, the Phlx it is appropriate to require minimum Relating to an Interpretation of Phlx has proposed that: (1) Any Fund Share margin of 100% of the current market Rule 237 Governing the eVWAP with non-US stocks in the underlying value of the option plus 15% of the Morning Session market value of the underlying security index or portfolio that are not subject to February 5, 2001. comprehensive surveillance agreements value (‘‘broad-based margin’’) for Pursuant to Section 19(b)(1) of the do not in the aggregate represent more options on Fund Shares based on a Securities Exchange Act of 1934 than 50% of the weight of the index or broad-based index or portfolio and for (‘‘Act’’),1 and Rule 19b–4 thereunder,2 portfolio; (2) stocks for which the options on Fund Shares which have notice is hereby given that on January primary market is in any one country been approved to date. Moreover, the 11, 2001, the Philadelphia Stock that is not subject to a comprehensive Commission believes that requiring Exchange, Inc. (‘‘Exchange’’ or ‘‘Phlx’’) surveillance agreement do not represent minimum margin of 100% of the current filed with the Securities and Exchange 20% or more of the weight of the index market value of the option plus 20% of Commission (‘‘SEC’’ or ‘‘Commission’’) or portfolio; and (3) stocks for which the the market value of the underlying security value (‘‘narrow-based margin’’) the proposed rule change as described 15 This assumes that the authorized creation for options on Fund Shares based on a 18 participant has undertaken to deliver the shares as narrow-based index or portfolio is See Securities Exchange Act Release No. 40157 soon as possible and such undertaking has been appropriate. The Commission notes that (July 1, 1998), 63 FR 37426 (July 10, 1998) (SR– Amex–96–44). secured by the delivery and maintenance of these margin requirements for options collateral consisting of cash or cash equivalents 19 15 U.S.C. 78s(b). satisfactory to the Fund which underlies the option, on Exchange-Traded Fund Shares are 20 15 U.S.C. 78s(b)(2). as described in the Fund prospectus. comparable to margin requirements that 21 17 CFR 200.30–3(a)(12). 16 See supra note 6. currently apply to broad-based and 1 15 U.S.C. 78s(b)(1). 17 See supra note 16. narrow-based index options. 2 17 CFR 240.19b–4.
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in Items I, II, and III below, which Items (A) Self-Regulatory Organization’s (C) Self-Regulatory Organization’s have been prepared by Phlx. Phlx filed Statement of the Purpose of, and Statement on Comments on the the proposed rule change pursuant to Statutory Basis for, the Proposed Rule Proposed Rule Change Received From Section 19(b)(3)(A) of the Act,3 and Rule Change Members, Participants, or Others 19b–4(f)(1) and (5) thereunder.4 Written comments were neither Pursuant to Rule 19b–4(f)(1) and (5), The purpose of the proposed rule solicited nor received. Phlx has designated this proposal as one change is to intepret Phlx Rule 237 to constituting an interpretation of the include NYSE Rule 127 trades in the III. Date of Effectiveness of the meaning and administration of existing eVWAP price calculation. The eVWAP Proposed Rule Change and Timing for Phlx Rule 237, and as one effecting a is a pre-opening order matching session Commission Action change in an existing order-entry or for the electronic execution of large- The foregoing rule change has become trading system of the Phlx that does not: sized stock orders at a standardized effective pursuant to Section (1) Significantly affect the protection of volume weighted average price (‘‘eVWAP Price’’). 19(b)(3)(A) 7 of the Act and Rule 19b– investors or the public interest, (2) 4(f)(1) and (5) 8 thereunder in that it In accordance with Phlx Rule 237, the impose any significant burden on constitutes an interpretation of the competition, or (3) significantly have eVWAP Price is derived from all regular meaning and administration of Phlx the effect of limiting the access to or way trades (including sold sales and late Rule 237, an existing rule governing availability of the system. As such, the sales) reported by the appropriate operation of eVWAP, and a change in an proposed rule change is immediately reporting authority from the opening of existing order-entry or trading system of effective upon the Commission’s receipt the regular trading session and printed Phlx that does not: (1) Significantly of this filing. The Commission is prior to 4:15 p.m. EST. The calculation affect the protection of investors of the publishing this notice to solicit excludes NYSE Rule 127 trades that are public interest, (2) impose any comments on the proposed rule change block executed on the NYSE floor significant burden on competition, or (3) from interested persons. outside of the present quote. A number significantly have the effect of limiting of eVWAP participants have requested the access to or availability of the I. Self-Regulatory Organization’s of UTTC that these trades be included system. At any time within 60 days of Statement of the Terms of Substance of in the eVWAP calculation to the extent the filing of such proposed rule change, the Proposed Rule Change that such trades are regular way trades the Commission may summarily Pursuant to Rule 19b–4 of the Act, and are reported by the appropriate abrogate such rule change if it appears Phlx is providing an interpretation to reporting authority before 4:15 p.m. to the Commission that such action is Phlx Rule 237, eVWAP Morning EST. Upon review, the Exchange has necessary or appropriate in the public interest, for the protection of investors, Session,5 to include New York Stock interpreted Phlx Rule 237 to include 6 or otherwise in furtherance of the Exchange, Inc. (‘‘NYSE’’) Rule 127 these in the eVWAP Price calculation. purposes of the Act. transactions in the eVWAP calculation. The Exchange included these trades in NYSE Rule 127 transactions are block the calculation methodology beginning IV. Solicitation of Comments trades executed on the NYSE floor on Tuesday, January 16, 2001. UTTC outside of the present quote and are endeavored to notify all enrolled Interested persons are invited to submit written data, views, and denoted as ‘‘J trades’’ by the Securities eVWAP participants of this change by arguments concerning the foregoing, Industry Automation Corporation. letter dated January 11, 2001. including whether the proposed rule is The proposed rule change is II. Self-Regulatory Organization’s consistent with the Act. Persons making consistent with Section 6(b) of the Act Statement of the Purpose of, and written submissions should file six in that it is designed to promote just and Statutory Basis for, the Proposed Rule copies thereof with the Secretary, equitable principles of trade, prevent Change Securities and Exchange Commission, fraudulent and manipulative acts and 450 Fifth Street, NW., Washington, DC In its filing with the Commission, practices and protect investors and the 20549–0609. Copies of the submission, Phlx included statements concerning public interest by including NYSE Rule all subsequent amendments, all written the purpose of and basis for the 127 trades in the eVWAP Price statements with respect to the proposed proposed rule change and discussed any calculation. rule change that are filed with the Commission, and all written comments it received on the proposed (B) Self-Regulatory Organization’s communications relating to the rule change. The text of these statements Statement on Burden on Competition may be examined at the places specified proposed rule change between the in item IV below. Nasdaq has prepared Phlx does not believe that the Commission and any person, other than summaries, set forth in Sections (A), (B), proposed rule change will result in any those that may be withheld from the and (C) below, of the most significant burden on competition not necessary or public in accordance with the aspects of such statements. appropriate in furtherance of the provisions of 5 U.S.C. 552, will be purposes of the Act. available for inspection and copying in the Commission’s Public Reference 3 15 U.S.C. 78s(b)(3)(A). 4 17 CFR 240.19b–4(f)(1) and (5). Room. Copies of such filing will also be 5 eVWAP was developed by Universal Trading available for inspection and copying at 6 Technologies Corporation (‘‘UTTC’’), and was In a telephone conversation on January 29, 2001 the principal office of Phlx. All approved by the Commission to operate as a facility between John Dayton, Esq., Exchange, and Heidi submissions should refer to the number of the Exchange. See Securities Exchange Act Pilpel, Special Counsel, Commission, the Exchange in the caption above and should be represented that the proposed interpretation will Release No. 41210 (March 24, 1999) (SR–Phlx–96– submitted by March 2, 2001. 14). The Commission approved the facility to conform the value weighted average price operate as pilot program until November 30, 2001. calculation methodology used by UTTC to the value See Securities Exchange Act Release No. 43477 weighted average price calculation methodology 7 15 U.S.C. 78s(b)(3)(A). (October 30, 2000) (SR–Phlx–00–84). used by other similar services. 8 17 CFR 240.19b–4(f)(1) and (5).
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For the Commission, by the Division of damages caused by a severe winter ice Advisory Council, will hold a public Market Regulation, pursuant to delegated storm beginning on December 12, 2000 meeting on Friday, March 9, 2001 at 9 authority.9 and continuing through January 15, a.m., at the Columbus Hilton, 800 Front Margared H. McFarland, 2001. Avenue, Columbus, Georgia 31901; to Deputy Secretary. Any counties contiguous to the above discuss matters as may be presented by [FR Doc. 01–3362 Filed 2–8–01; 8:45 am] named primary county and not listed members, staff of the U.S. Small BILLING CODE 8010–01–M herein have been previously declared. Business Administration, or others All other information remains the present. same, i.e., the deadline for filing For further information write or call SMALL BUSINESS ADMINISTRATION applications for physical damage is Mr. Charles E. Anderson, District March 9, 2001 and for economic injury Director, U.S. Small Business [Declaration of Economic Injury Disaster the deadline is October 9, 2001. Administration, 233 Peachtree Street, #9K67] (Catalog of Federal Domestic Assistance NE, Suite 1900, Atlanta, Georgia 30303; Commonwealth of Massachusetts (And Program Nos. 59002 and 59008) telephone (404) 331–0266. Contiguous Counties in Connecticut, Dated: January 30, 2001. Nancyellen Gentile, New York and Vermont) Herbert L. Mitchell, Committee Management Officer. Berkshire County and the contiguous Associate Administrator for Disaster [FR Doc. 01–3404 Filed 2–8–01; 8:45 am] counties of Franklin, Hampden, and Assistance. BILLING CODE 8025–01–P Hampshire in the Commonwealth of [FR Doc. 01–3401 Filed 2–8–01; 8:45 am] Massachusetts; Litchfield in BILLING CODE 8025–01–P Connecticut; Columbia and Rensselaer DEPARTMENT OF TRANSPORTATION in New York; and Bennington in Vermont constitute an economic injury SMALL BUSINESS ADMINISTRATION Coast Guard disaster loan area as a result of a fire [Declaration of Disaster #3317; Amendment [USCG–2001–8662] that occurred on January 17, 2001 in the #4] Town of Great Barrington. Eligible small State of Texas National Preparedness for Response businesses and small agricultural Exercise Program (PREP) cooperatives without credit available In accordance with a notice received AGENCY: elsewhere may file applications for from the Federal Emergency Coast Guard, DOT. economic injury assistance as a result of Management Agency, dated January 30, ACTION: Request for comments on PREP this disaster until the close of business 2001, the above-numbered Declaration triennial exercise schedule for 2001, on November 2, 2001 at the address is hereby amended to include Titus 2002, and 2003. listed below or other locally announced County as a disaster area due to SUMMARY: The Coast Guard, the locations: U.S. Small Business damages caused by a severe winter ice Environmental Protection Agency Administration, Disaster Area 1 Office, storm beginning on December 12, 2000 (EPA), the Research and Special 360 Rainbow Blvd, South 3rd Floor, and continuing through January 15, Programs Administration (RSPA) and Niagara Falls, NY 14303. 2001. The interest rate for eligible small In addition, applications for economic the Minerals Management Service businesses and small agricultural injury loans from small businesses (MMS), in concert with the states, the cooperatives is 4 percent. The numbers located in Camp County, Texas may be oil industry and concerned citizens, assigned for economic injury for this filed until the specified date at the developed the Preparedness for disaster are 9K6700 for Massachusetts; previously designated location. Response Exercise Program (PREP). This 9K6800 for Connecticut; 9K6900 for Any counties contiguous to the above notice announces the PREP triennial New York; and 9K7000 for Vermont. named primary county and not listed cycle, 2001–2003, and requests comments from the public and (Catalog of Federal Domestic Assistance herein have been previously declared. Program No. 59002) All other information remains the maximum industry and government participation in the listed exercises. Date: February 2, 2001. same, i.e., the deadline for filing Kristine Marcy, applications for physical damage is DATES: Comments and related material must reach the Docket Management Acting Administrator. March 9, 2001 and for economic injury Facility on or before April 10, 2001. [FR Doc. 01–3403 Filed 2–8–01; 8:45 am] the deadline is October 9, 2001. ADDRESSES: To make sure your BILLING CODE 8025–01–P (Catalog of Federal Domestic Assistance Program Nos. 59002 and 59008) comments and related material are not entered twice in the docket, please Dated: February 1, 2001. SMALL BUSINESS ADMINISTRATION submit them by only one of the Herbert L. Mitchell, following methods: [Declaration of Disaster #3317; Amendment Associate Administrator for Disaster (1) By mail to the Docket Management #3] Assistance. Facility, (USCG–2001–8662), U.S. [FR Doc. 01–3402 Filed 2–8–01; 8:45 am] State of Texas Department of Transportation, room PL– BILLING CODE 8025–01–P 401, 400 Seventh Street SW., In accordance with a notice received Washington, DC 20590–0001. from the Federal Emergency (2) By hand to room PL–401 on the SMALL BUSINESS ADMINISTRATION Management Agency, dated January 19, Plaza level of the Nassif Building, 400 2001, the above-numbered Declaration Region IV District Advisory Council Seventh Street SW., Washington, DC, is hereby amended to include Lamar Meeting; Public Meeting between 9 a.m. and 5 p.m., Monday County as a disaster area due to through Friday, except Federal holidays. The U.S. Small Business The telephone number is 202–366– 9 17 CFR 200.30–3(a)(12). Administration, Georgia District Office 9329.
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(3) By fax to the Docket Management 3341 Q 75th Avenue, Landover, MD response exercise requirements (33 Facility at 202–493–2251. 20785, fax: 301–386–5394. The stock U.S.C. 1321(j)). The guiding principles (4) Electronically through the Web number of the manual is USCG–X0191. for PREP distinguish between internal Site for the Docket Management System Please indicate the quantity when and external exercises. Internal at http://dms.dot.gov. ordering. Quantities are limited to 10 exercises are conducted within the plan The Docket Management Facility per order. holder’s organization. External exercises maintains the public docket for this On August 29, 2000, a PREP extend beyond the plan holder’s notice. Comments and documents, as workshop was held at the Department of organization to involve other members indicated in this notice, will become Transportation Nassif Building. The of the response community. External part of this docket and will be available workshop was used as a public forum to exercises are separated into two for inspection or copying at room PL– discuss the vitality of the PREP categories: (1) Area exercises, designed 401 on the Plaza Level of the Nassif program. Participants, as well as all to evaluate the entire response Building at the same address between 9 concerned individuals, were encouraged mechanism in a given area, and (2) a.m. and 5 p.m., Monday through to submit comments in writing to the Government-initiated unannounced Friday, except Federal holidays. You docket. The National Scheduling exercises, to ensure adequate pollution may electronically access the public Coordinating Committee (NSCC) is in response preparedness of an individual docket for this notice on the Internet at the process of developing responses to plan holder. http://dms.dot.gov. all comments submitted. These Since 1994, the USCG, EPA, RSPA, FOR FURTHER INFORMATION CONTACT: For responses will be published in a future and MMS have published a triennial questions on this notice and general Federal Register notice. schedule of Area exercises. In short, the information regarding the PREP program Area exercises involve the entire and the schedule, contact Mr. Robert Request for Comments response community (Federal, State, Pond, Office of Response, Plans and We encourage you to participate by local, and industry participants) and Preparedness Division (G–MOR–2), U.S. submitting comments and related therefore, require more extensive Coast Guard Headquarters, 2100 2nd St. material. If you do so, please include planning than other oil spill response SW., Washington, DC 20593–0001, your name and address, identify the exercises. The PREP guidelines describe telephone 202–267–6603, fax 202–267– docket number [USCG–2001–8662], all of these exercises in more detail. 4065 or e-mail [email protected]. indicate the specific section of the This notice announces the next triennial For questions on viewing, or submitting document to which each comment schedule of Area exercises. material to the docket, contact Ms. applies, and give the reason for each Not all industry leads have been Dorothy Beard, Chief, Dockets, comment. You may submit your identified at this time. Industry plan Department of Transportation, comments and materials by mail or holders are encouraged to take telephone 202–366–9329. hand delivery, submit them in an advantage of this opportunity to SUPPLEMENTARY INFORMATION: The PREP unbound format, no larger than 81⁄2 by exercise with the entire response Area exercise schedule and exercise 11 inches, suitable for copying and community and to coordinate their design manuals are available on the electronic filing. If you submit them by regularly scheduled spill management Internet at http://www.uscg.mil/hq/g-m/ mail and would like to know they team and equipment deployment gmhome.htm (see index, then oil reached the facility, please enclose a exercises with the Area Committees. response). To obtain a hard copy of the stamped, self addressed postcard or Companies interested in participating exercise design manual, contact Ms. envelope. We will consider all in an Area exercise may call either the Melanie Barber at the Research and comments and material received during Coast Guard office or the EPA On-Scene Special Programs Administration, Office the comment period. Coordinator (OSC) where the exercise is of Pipeline Safety, at 202–366–4560. scheduled. Alternatively, the companies The 1994 PREP Guidelines can be found Background and Purpose interested in participating in an on the following web site: http:// The Coast Guard, EPA, RSPA, and exercise, where the Coast Guard is the www.uscg.mil/hq/g-m/nmc/response/ MMS developed the National OSC, may call Mr. Pond at 202–267– #PREP. Hard copies of the PREP Preparedness for Response Exercise 6603, and he will facilitate scheduling. Guidelines are available at no cost by Program (PREP) to provide guidelines The following is the PREP schedule writing or faxing the TASC Warehouse, for compliance with the pollution for calendar Years 2001, 2002, and 2003.
PREP SCHEDULE—GOVERNMENT-LED AREA EXERCISES
Area Agency Plan holder Date/qtr 1
Calendar Year 2001
Saulte St. Marie (MSO Saulte St. Marie) ...... CG ...... 30 Apr–02 May. NY, NY (Act NY) ...... CG ...... 04 Jun–08 Jun. SW LA/SE TX (MSO Morgan City, MSO Port Arthur) ...... CG SONS Phase I ...... Sep. EPA Region I ...... EPA ...... To Be Determined. Chicago Area (MSO Chicago) ...... CG ...... 24 Sep–28 Sep. Maryland Coastal (Act Baltimore) ...... CG ...... 10 Dec–14 Dec.
Calendar Year 2002
South FL (MSO Miami) ...... CG ...... 25 Feb–01 Mar. SW LA/SE TX (MSO Morgan City, MSO Port Arthur) ...... CG SONS Phase II ...... Spring 2002. Boston (MSO Boston) ...... CG ...... 17 Jun–21 Jun. Hawaii/Samoa (MSO Honolulu) ...... CG ...... 22 Jul–26 Jul. Central CA Coast (MSO San Francisco) ...... CG ...... 16 Sep–20 Sep.
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PREP SCHEDULE—GOVERNMENT-LED AREA EXERCISES—Continued
Area Agency Plan holder Date/qtr 1
EPA Region VII ...... EPA ...... To Be Determined.
Calendar Year 2003
Marianna Islands (MSO Guam) ...... CG ...... 1 EPA Region II ...... EPA ...... 1 Philadelphia (MSO Philadelphia) ...... CG ...... 2 SE Alaska (MSO Juneau) ...... CG ...... 3 Savannah (MSO Savannah) ...... CG ...... 4 Florida Panhandle (MSO Mobile) ...... CG ...... 4
PREP SCHEDULE—INDUSTRY-LED EXERCISES
Area Plan holder 2 Date 1
Calendar Year 2001
Guam (MSO Guam) ...... v ...... 1 Charleston (MSO Charleston) ...... f (mtr) ...... 1 Southern Coastal NC (MSO Wilmington) ...... v ...... 1 EPA Region VII ...... f (nonmtr) ...... 2 Long Island Sound (MSO Long Island Sound) ...... f ...... 2 EPA Region V ...... f ...... 2 San Francisco Bay (MSO San Francisco) ...... f (mtr) ...... 3 Duluth-Superior (MSO Duluth) ...... f ...... 3 South TX Coastal Zone (MSO Corpus Christi) ...... v ...... 3 Prince William Sound (MSO Valdez) ...... p ...... 3 LA/LB (MSO LA/LB) ...... v ...... 4 San Diego (MSO San Diego) ...... f ...... 4
Calendar Year 2002
Tampa (MSO Tampa) ...... v ...... 1 Northwest (MSO Puget Sound) ...... v ...... 1 South LA/LB (MSO LA/LB) ...... f (mtr) ...... 1 EPA Oceania ...... f (nonmtr) ...... 1 EPA Region II ...... p ...... 2 Eastern Wisconsin (MSO Milwaukee) ...... v ...... 2 Eastern Great Lakes (MSO Buffalo) ...... f (mtr) ...... 3 Maine/New Hampshire (MSO Portland) ...... v ...... 3 Providence (MSO Providence) ...... v ...... 3 EPA Region VI ...... f (nonmtr) ...... 4 Virginia Coastal (MSO Hampton Roads) ...... f (mtr) ...... 4 Houston/Galveston (MSO Houston/Galveston) ...... p ...... 4 Alabama/Mississippi (MSO Mobile) ...... f ...... 4
Calendar Year 2003
EPA Region IX ...... p ...... 1 North Coast Area (MSO San Francisco) ...... f (mtr) ...... 1 New Orleans (MSO New Orleans) ...... p ...... 2 W Lake Erie (MSO Toledo) ...... f (nonmtr) ...... 2 EPA Region IV ...... f (nonmtr) ...... 2 Northwest Area (MSO Portland) ...... v ...... 3 Cleveland (MSO Cleveland) ...... f (mtr) ...... 3 Detroit (MSO Detroit) ...... v ...... 3 Caribbean Area (MSO San Juan) ...... v ...... 4 EPA Region III ...... f (nonmtr) ...... 4 Jacksonville (MSO Jacksonville) ...... v ...... 4 1 Quarters: 1 (Jan–Mar); 2 (Apr–Jun); 3 (Jul–Sep); 4 (Oct–Dec). Note also exercise areas and dates are fixed. For 2001 and 2002 Government led area exercises are fixed, the actual quarter in which a listed area will be exercised is subject to projections in each of those areas as the ex- ercise year approaches. 2 Industry: v-Vessel; f (mtr)-marine transportation-related facility; f (nonmtr)-marine non-transportation related facility; p-pipeline.
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Dated: January 31, 2001. above address. Also, you may review Special Arrangements of the BAA Howard L. Hime, public dockets on the Internet at Schedule of Implementation Acting Director of Standards, Marine Safety http://dms.dot.gov. Procedures. The FAA and TCCA signed and Environmental Protection. FOR FURTHER INFORMATION CONTACT: the MOU for the purpose of avoiding [FR Doc. 01–3372 Filed 2–8–01; 8:45 am] Victor Powell, Certification Procedure duplication of design approvals by BILLING CODE 4910–15–U Branch, AIR–110, Aircraft Engineering giving maximum permissible credit for Division, Aircraft Certification Service, repair design approvals made by each Federal Aviation Administration, 800 authority. DEPARTMENT OF TRANSPORTATION Independence Avenue, SW., In the MOU the FAA and TCCA agree Washington, DC 20591, Telephone: to cooperate in accepting each other’s Federal Aviation Administration (202) 267–9580, fax (202) 267–5340, e- design approval of repairs. The [Docket No. FAA–2001–8872] mail [email protected]. authorities also agree that certain data SUPPLEMENTARY INFORMATION: generated in the design approval of Reciprocal Acceptance of Repair repairs and found to comply with the Design Approvals Between the Federal Comments Invited regulations of both authorities is Aviation Administration and Transport Interested persons are invited to approved by both, without any other Canada Civil Aviation submit written comments, data, views, required actions. The MOU continues to or arguments regarding this policy. remain in force under the provisions of AGENCY: Federal Aviation Comments should identify the the Bilateral Aviation Safety Agreement Administration, (DOT). regulatory docket or notice number and signed between the United States and ACTION: Notice of policy, request for should be submitted in triplicate to the Canada on June 12, 2000. comments. Rules Docket address specified above. Statement of Policy SUMMARY: This notice announces an All comments received and a report FAA general statement of policy summarizing any substantive public U.S. Acceptance of Canadian Repair applicable to the acceptability of repair contact with FAA personnel on this Design Data policy will be filed in the docket. The design data approved by Transport As specified in this statement of docket is available for public inspection Canada Civil Aviation (TCCA) in policy, certain Canadian repair design both before and after the closing date for accordance with the provisions of a approvals are considered to be technical receiving comments. The Administrator Memorandum of Understanding (MOU) data approved by the Administrator for will consider comments made on this agreed to by TCCA and the FAA on May the purpose of performing a repair on a policy on or before the closing date for 6, 1998. The MOU was signed pursuant U.S.-registered aircraft or on an comments, and the policy may be to the Schedule of Implementation aeronautical product intended for changed in light of the comments Procedures of the August 31, 1984 U.S./ installation on a U.S.-registered aircraft. Canada Bilateral Airworthiness received. The FAA will acknowledge receipt of For U.S. State of Design products, Agreement. This document advises the repair design approvals issued directly public that certain Canadian repair comments if commenters include a self- addressed, stamped postcard with the by TCCA are considered technical data design approvals for U.S. and Canadian approved by the Administrator. Repair products are considered to be technical comments. The postcards should be marked ‘‘Comments to Docket No. FAA– design approvals issued solely by a data approved by the Administrator. TCCA delegate for U.S. State of Design Such data therefore may be used for the 2000– .’’ When the comments are received by the FAA, the postcards will products are not considered technical purpose of performing a repair on a data approved by the Administrator. U.S.-registered aircraft or on an be dated, time stamped, and returned to the commenters. TCCA delegate approvals for U.S. State aeronautical product intended for of Design products must have the installation on a U.S.-registered aircraft. Availability of Documents specific approval of the authority or DATES: Comments must be received on You can get an electronic copy of the direct FAA or FAA designee approval or before March 12, 2001. current bilateral agreement between the before being considered to be technical ADDRESSES: Address your comments to United States and Canada using the data approved by the Administrator. the Docket Management System, U.S. Internet through FAA’s web page at Repair design approvals issued by Department of Transportation, Room http://www.faa.gov/avr/air/air4/ either the TCCA or an appropriately Plaza 401, 400 Seventh Street, SW., Baalst.htm. authorized TCCA delegate for Canadian Washington, DC 20590–0001. You must You can get a copy of the May 6, 1998 State of Design products are considered identify the docket number FAA–2000– MOU for the Design Approval of to be technical data approved by the at the beginning of your comments, Aeronautical Product Repairs by Administrator. TCCA or TCCA delegate and you should submit two copies of submitting a request to the person listed repair design approvals are not your comments. If you wish to receive under FOR FURTHER INFORMATION considered technical data approved by confirmation that FAA received your CONTACT. the Administrator for products where comments, include a self-addressed, the United States or Canada is not the stamped postcard. Background State of Design (a ‘‘third country’’ You may also submit comments On May 6, 1998 representatives of the product). Direct FAA or FAA designee through the Internet to http:// FAA and TCCA signed an MOU which review and approval is required for dms.dot.gov. You may review the public set forth procedures for implementing repair design data for ‘‘third country’’ docket containing comments to this the ‘‘design approval of repairs’’ products. notice of policy in person in the Dockets provisions of the BAA between the For repairs to engines and propellers Office between 9:00 a.m. and 5:00 p.m., United States and Canada signed on the State of Design of the engine or Monday through Friday, except Federal August 31, 1984. The MOU was signed propeller, not the State of Design of the holidays. The Dockets Office is on the pursuant to Chapter 4, Maintenance aircraft that the engine or propeller is plaza level of the NASSIF Building at Alteration or Modification of installed on, determines whether the Department of Transportation at the Aeronautical Products, and Chapter 7, Canadian repair design data is
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considered approved. For components, 2001, (66 FR 848) regarding a public An original and 10 copies of all the State of Design for the type meeting to be held February 12–14, pleadings, referring to STB Finance certificated product (i.e. the aircraft, 2001 on Pipeline Integrity Management Docket No. 33997, must be filed with aircraft engine, or propeller) on which in High Consequence Areas (Natural Gas the Surface Transportation Board, Office the component is approved (or the State Pipelines) and Communications of the Secretary, Case Control Unit, 1925 of Design for the applicable (Natural Gas and Hazardous Liquid K Street, NW., Washington, DC 20423– Supplemental Type Certificate) governs Pipelines). The document contained 0001. In addition, a copy of each the procedures used to obtain approval errors in reference to the ending times pleading must be served on David D. of the repair design data, not the state of the meeting on February 12, 2001 and Watson, P.O. Box 665, Waxahachie, TX of design of the repaired (non-TC’d) on February 13, 2001. 75168. product or component itself. FOR FURTHER INFORMATION CONTACT: Board decisions and notices are Data approved by TCCA delegates for Elizabeth Callsen, OPS, (202) 366–4572. available on our website at minor repairs is acceptable to the FAA ‘‘WWW.STB.DOT.GOV.’’ Correction for accomplishment of minor repairs on Decided: February 5, 2001. any U.S.-registered aircraft or any other In the Federal Register issue of By the Board, David M. Konschnik, aeronautical product intended for January 4, 2001, 66 FR 848, in the Director, Office of Proceedings. installation on a U.S.-registered aircraft. second column, correct the second full Vernon A. Williams, This policy does not limit the FAA’s paragraph to read: DATES: The public right to review any data approved by meeting will be on February 12, 2001, Secretary. TCCA or a TCCA delegate that is used from 9 a.m. to 5 p.m., February 13, 2001, [FR Doc. 01–3392 Filed 2–8–01; 8:45 am] to repair a U.S.-registered aircraft or an from 9 a.m. to 5 p.m., and February 14, BILLING CODE 4915–00–P aeronautical product intended for 2001, from 9 a.m. to 12 noon, at the installation on a U.S. registered aircraft. Crystal City Marriott. DEPARTMENT OF THE TREASURY Limitations Issued in Washington, DC on February 5, 2001. This statement of policy applies only Bureau of Alcohol, Tobacco and Stacey L. Gerard, to the acceptance of repair design data. Firearms Associate Administrator for Pipeline Safety. It does not address manufacturing/ [Notice No. 911] production, approval for return to [FR Doc. 01–3398 Filed 2–8–01; 8:45 am] service, use of FAA Form 337, BILLING CODE 4910–60–P Expiration of the Registration Period installation acceptability, or Export for Possession of the USAS–12, Airworthiness approvals. It does not DEPARTMENT OF TRANSPORTATION Striker–12, and Streetsweeper apply to repair design data developed to Shotguns (ATF Ruling 2001–1) perform: repairs on aeronautical Surface Transportation Board products for which the State of Design AGENCY: Bureau of Alcohol, Tobacco is a country other than Canada or the [STB Finance Docket No. 33997] and Firearms (ATF), Department of the United States; repairs approved in Treasury. Texas Central Business Lines accordance with FAA ‘‘field approval’’ ACTION: General notice. Corporation—Operation Exemption— procedures; and repairs performed MidTexas International Center SUMMARY: The Bureau of Alcohol, under SFAR 36 authority for Tobacco and Firearms (ATF) is issuing aeronautical products where the United Texas Central Business Lines this notice to announce the availability States is not the State of Design. Corporation (TCB) has filed a verified of ATF Ruling 2001–1. This ruling notice of exemption under 49 CFR Elizabeth Erickson, advises that the registration period for 1150.31 to provide nonexclusive people who are currently in possession Director, Aircraft Certification Service. switching service over approximately of the USAS–12, Striker–12, and [FR Doc. 01–3397 Filed 2–8–01; 8:45 am] 5.0 miles of yard and switching track Steetsweeper shotguns expires on May BILLING CODE 4910–13–M located entirely within the MidTexas 1, 2001. International Center, Inc. (Inland Port).1 The track generally is located north of ADDRESSES: Advance copies of ATF DEPARTMENT OF TRANSPORTATION State Highway 287 and east of U.S. Ruling 2001–1 are available at no cost Highway 67 in Midlothian, TX. upon request from the National Research and Special Programs Firearms Act Branch, Bureau of Administration (RSPA) The transaction is expected to be consummated on or after March 1, Alcohol, Tobacco and Firearms, 650 [Docket No. RSPA–00–7666; Notice 1 and 2001.2 Massachusetts Avenue, NW., RSPA–00–7408; Notice 1] If the verified notice contains false or Washington, DC 20226. The ruling may misleading information, the exemption also be viewed at ATF’s web site at: Pipeline Safety: Pipeline Integrity is void ab initio. Petitions to reopen the http://www.atf.treas.gov. Management in High Consequence proceeding to revoke the exemption FOR FURTHER INFORMATION CONTACT: Areas (Natural Gas Pipelines) and under 49 U.S.C. 10502(d) may filed at Cheryl Fisher, National Firearms Act Communications (Natural Gas and any time. The filing of a petition to Branch, Bureau of Alcohol, Tobacco and Hazardous Liquid Pipelines) revoke will not automatically stay the Firearms, 650 Massachusetts Avenue, AGENCY: Office of Pipeline Safety, transaction. NW., Washington, DC 20226 (202–927– Research and Special Programs 8330). Administration, DOT. 1 TCB and Inland Port have negotiated an SUPPLEMENTARY INFORMATION: agreement for TCB’s services, the initial term of ACTION : Notice of public meeting and which is 10 years. Background request for comments; correction. 2 TCB simultaneously filed a petition to dismiss the verified notice of exemption. The Board will The Bureau of Alcohol, Tobacco and SUMMARY: RSPA published a document address the jurisdictional issue raised by the Firearms (ATF) is announcing the in the Federal Register on January 4, petition to dismiss in a subsequent decision. issuance of ATF Ruling 2001–1. This
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ruling, which will be published in a ‘‘destructive device’’ is defined in of the three shotguns as NFA weapons future issue of the ‘‘Alcohol, Tobacco section 5845(f)(2) as follows: was retroactive, the prospective and Firearms Quarterly Bulletin,’’ [T]he term ‘‘destructive device’’ means application of the tax provisions advises that the registration period for * * * (2) any type of weapon by whatever allowed registration without payment of people who are currently in possession name known which will, or which may be tax. ATF has contacted all purchasers of of the USAS–12, Striker–12, and readily converted to, expel a projectile by the record of the shotguns to advise them of Streetsweeper shotguns will expire on action of an explosive or other propellant, the the classification of the weapons as barrel or barrels of which have a bore of more destructive devices and that the May 1, 2001. The full text of the ruling than one-half inch in diameter, except a follows: shotgun or shotgun shell which the Secretary weapons must be registered. ATF has finds is generally recognized as particularly registered approximately 8,200 of these ATF Ruling 2001–1 suitable for sporting purposes; * * *. weapons to date. Pursuant to ATF Rulings 94–1 (ATF The USAS–12, Striker 12, and Held, the registration period for the Q.B. 1994–1, 22) and 94–2 (ATF Q.B. Streetsweeper shotguns were classified USAS–12, Striker–12, and 1994–1, 24), the Bureau of Alcohol, as destructive devices pursuant to Streetsweeper shotguns will close on Tobacco and Firearms (ATF) classified section 5845(f) because they are May 1, 2001. No further registrations the USAS–12, Striker 12, and shotguns with a bore of more than one- will be accepted after that date. Persons Streetsweeper shotguns as destructive half inch in diameter which are not in possession of unregistered NFA firearms are subject to all applicable devices under the National Firearms Act generally recognized as particularly penalties under 26 U.S.C. Chapter 53. (NFA), 26 U.S.C. Chapter 53. The NFA suitable for sporting purposes. Pursuant to 26 U.S.C. 7805(b), ATF. requires that certain ‘‘firearms’’ be Approved: February 2, 2001. Ruls. 94–1 and 94–2 were issued registered and imposes taxes on their prospectively with respect to the Bradley A. Buckles, making and transfer. The term ‘‘firearm’’ making, transfer, and special Director. is defined in section 5845 to include (occupational) taxes imposed by the [FR Doc. 01–3391 Filed 2–8–01; 8:45 am] ‘‘destructive devices.’’ The term NFA. Thus, although the classification BILLING CODE 4810–31–P
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Corrections Federal Register Vol. 66, No. 28
Friday, February 9, 2001
This section of the FEDERAL REGISTER ‘‘February 22, 2001’’ should read SECURITIES AND EXCHANGE contains editorial corrections of previously ‘‘March 26, 2001’’. COMMISSION published Presidential, Rule, Proposed Rule, and Notice documents. These corrections are [FR Doc. C1–1963 Filed 2–8–01; 8:45 am] [Release No. 34–43831; File No. SR–NASD– prepared by the Office of the Federal BILLING CODE 1505–01–D 00–72] Register. Agency prepared corrections are issued as signed documents and appear in Self–Regulatory Organizations; Notice the appropriate document categories OFFICE OF PERSONNEL of Filing and Immediate Effectiveness elsewhere in the issue. MANAGEMENT of Proposed Rule Change by the National Association of Securities Proposed Collection; Comment Dealers, Inc. Relating to Nasdaq’s Request for Review of a Revised OFFICE OF PERSONNEL Transaction Credit Pilot Program Information Collection: Form RI 95–4 MANAGEMENT January 10, 2001. Correction Proposed Collection; Comment Correction Request for Revision of an Information In notice document 01–1964 Collection: RI 38–115 appearing on page 7519 in the issue of In notice document 01–1410, Tuesday, January 23, 2001, make the beginning on page 4882, in the issue of Correction following correction: Thursday, January 18, 2001, make the On page 7519, in the first column, In notice document 01–1963 following correction: under the heading DATES appearing on page 7520 in the issue of , in the second On page 4882, in the third column, Tuesday, January 23, 2001, make the line ‘‘February 22, 2001’’ should read the docket number is corrected to read following correction: ‘‘March 26, 2001’’. as set forth above. On page 7520, in the second column, [FR Doc. C1–1964 Filed 2–8–01; 8:45 am] [FR Doc. C1–1410 Filed 2–8–01; 8:45 am] under the heading DATES, the third line BILLING CODE 1505–01–D BILLING CODE 1505–01–D
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Part II
Department of Transportation Saint Lawrence Seaway Development Corporation
33 CFR Parts 401 and 402 Seaway Regulations and Rules; Tariff of Tolls; Proposed Rule
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DEPARTMENT OF TRANSPORTATION appearing at the top of this document Also through agreement with the and must be submitted to the Docket SLSMC, the SLSDC proposes an Saint Lawrence Seaway Development Clerk, U.S. DOT Dockets, Room PL–401, amendment to § 401.2 to clarify the Corporation 400 Seventh Street, S.W., Washington, definition for ‘‘flashpoint’’. Since only D.C. 20590–0001. Written comments these four proposed amendments 33 CFR Parts 401 and 402 may also be submitted electronically by concerning the SLSDC toll for pleasure [Docket No. SLSDC 2001–8785] using the submission form at http:// vessels would be of applicability in the dmses.dot.gov/submit/BlankDSS.asp. United States, comments are invited on RIN 2135–AA12 All comments received will be available only these. The specific change for examination between 9 a.m. and 5 proposed is to amend § 402.8, Seaway Regulations and Rules; Tariff p.m., E.T., Monday through Friday, of Tolls ‘‘Schedule of Tolls’’, to increase the toll except federal holidays. Those desiring for pleasure vessels for transit through AGENCY: Saint Lawrence Seaway notification of receipt of comments must a U.S. lock from $10 to $20 in U.S. Development Corporation, DOT. include a self-addressed, stamped funds or $30 in Canadian funds, the ACTION: Notice of proposed rulemaking. envelope or postcard. current equivalent, instead of at par. FOR FURTHER INFORMATION CONTACT: Since approximately 97% of pleasure SUMMARY: The Saint Lawrence Seaway Marc C. Owen, Chief Counsel, Saint craft tolls are collected in Canadian Development Corporation (SLSDC) and Lawrence Seaway Development funds, the SLSDC has been losing a the St. Lawrence Seaway Management Corporation, 400 Seventh Street, S.W., substantial amount of revenue due to Corporation (SLSMC) of Canada, under Washington, D.C. 20590, (202) 366– the high exchange rate. The SLSDC international agreement, jointly publish 6823. believes that discounting the Canadian and presently administer the St. SUPPLEMENTARY INFORMATION: The Saint funds at the locks on an ad hoc basis Lawrence Seaway Tariff of Tolls in their Lawrence Seaway Development would not be practicable. Increasing the respective jurisdictions. The Tariff sets Corporation (SLSDC) and the St. tolls as proposed at the SLSDC’s two forth the level of tolls assessed on all Lawrence Seaway Management locks would offset the loss of revenue commodities and vessels transiting the Corporation (SLSMC) of Canada, under due to the exchange and be beneficial to facilities operated by the SLSDC and the international agreement, jointly publish SLSDC future funding requirements. SLSMC. The SLSDC will be revising its and presently administer the St. Moreover, lock operations costs for regulations to reflect the fees and Lawrence Seaway Tariff of Tolls in their pleasure vessel transits for 1999 has charges that will be charged by the respective jurisdictions. (The Tariff is been estimated as $160,000, resulting in SLSMC in Canada starting in the 2001 called the Schedule of Fees and Charges an approximate subsidy of $127,000 for navigation season and related editorial, in Canada.) The Tariff sets forth the these transits. The last toll increase for format, and substantive changes, the level of tolls assessed on all these vessels was in 1991 when the rate latter of which will be effective only in commodities and vessels transiting the was raised from $5 to $10. The proposed Canada. The SLSDC also proposes an facilities operated by the SLSDC and the increase for an estimated 2,500 pleasure amendment to increase the toll for SLSMC. The SLSDC will be amending vessel transits would result in a toll pleasure vessels to be charged by the part 402 to reflect the fees and charges revenue increase of approximately SLSDC for transit through the U.S. that will be charged by the SLSMC in $97,000 in U.S. funds, lowering the locks, which the SLSMC is also doing Canada starting in the 2001 navigation effective subsidy of these transits to for Canadian locks. Through agreement season and related editorial, format, and approximately $63,000. The SLSDC also with the SLSMC, the SLSDC also substantive changes. (Because of the proposes an amendment to § 401.22, proposes an amendment to its number of edits and format changes, the ‘‘Preclearance of vessels’’, by adding a ‘‘Preclearance of vessels’’, regulation entire text of part 402 is set out as an new paragraph (c) clarifying that non- clarifying that certain non-commercial amendment below.) With the exception commercial vessels with a tonnage vessels would be considered pleasure of the proposed change for pleasure displacement of less than 317.5 tons vessels for the purposes of tolls and a vessel tolls, the substantive changes would not be eligible to apply for conforming amendment its ‘‘Payment of affect the tolls for commercial vessels preclearance status, but would be tolls’’ provision of the joint Seaway and will be applicable only in Canada considered pleasure craft. The reason Regulations and Rules requiring that as the collection of the U.S. portion of for this amendment is that associated pleasure vessel tolls be paid ‘‘in U.S. tolls for commercial vessels is waived costs for these vessels incurred by the funds or the equivalent in Canadian by law (33 U.S.C. 988a(a)). The SLSDC SLSMC under their preclearance funds’’ at each lock, instead of at par. also proposes an amendment to increase process is disproportionately larger than Also through agreement with the the toll for pleasure vessels to be the amount of tolls these vessels would SLSMC, the SLSDC proposes an charged by the SLSDC for transit pay if precleared. Finally, the SLSDC amendment to clarify the definition for through the U.S. locks, which the proposes a conforming amendment to ‘‘flashpoint’’. Since only these four SLSMC is also doing for Canadian locks. paragraph (b) of § 401.75, ‘‘Payment of proposed amendments concerning the Through agreement with the SLSMC, tolls’’, of the joint Seaway Regulations SLSDC toll for pleasure vessels and the the SLSDC also proposes an amendment and Rules, which concerns payment of definition of ‘‘flashpoint’’ would be of to § 401.22, ‘‘Preclearance of vessels’’, pleasure vessel tolls. The provision that applicability in the United States, clarifying that certain non-commercial tolls for pleasure craft are payable ‘‘in comments are invited on only these. vessels would be considered pleasure Canadian or American funds’’ would be (See SUPPLEMENTARY INFORMATION.) vessels for the purposes of tolls and a changed to say that these tolls would be DATES: Any party wishing to present conforming amendment to § 401.75, payable at each lock ‘‘in U.S. funds or views on the proposed amendments ‘‘Payment of tolls’’, of the joint Seaway the equivalent in Canadian funds’’. Also may file comments with the Corporation Regulations and Rules requiring that through agreement with the SLSMC, the on or before March 12, 2001. pleasure vessel tolls be paid ‘‘in U.S. SLSDC proposes an amendment to ADDRESSES: Signed, written comments funds or the equivalent in Canadian § 401.2 to clarify the definition for should refer to the docket number funds’’ at each lock, instead of at par. ‘‘flashpoint’’, stating that it means the
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‘‘lowest temperature of a flammable List of Subjects 402.9 Operational surcharges—no liquid at which its vapor forms an postponements. 33 CFR Part 401 ignitable mixture with air’’ as 402.10 Operational surcharges after determined by the closed-cup method. Hazardous materials transportation, postponements. Navigation (water), Radio reporting and Authority: 33 U.S.C. 983(a), 984(a)(4), and Regulatory Evaluation record keeping requirements, Vessels, 988, as amended; 49 CFR 1.52. Waterways. This proposed regulation involves a § 402.1 Purpose. foreign affairs function of the United 33 CFR Part 402 States, and therefore, Executive Order This regulation prescribes the charges 12866 does not apply. This proposed Vessels, Waterways. to be assessed for the full or partial Accordingly, the Saint Lawrence regulation has also been evaluated transit of the St. Lawrence Seaway Seaway Development Corporation under the Department of between Montreal, Quebec, and Lake proposes to amend part 401—Seaway Transportation’s Regulatory Policies and Erie. Regulations and Rules and part 402— Procedures and the proposed regulation Tariff of Tolls (33 CFR part 402) as § 402.2 Title. is not considered significant under follows: This tariff may be cited as the St. those procedures and its economic Lawrence Seaway Tariff of Tolls impact is expected to be so minimal that PART 401—[AMENDED] (Schedule of Tolls in Canada). a full economic evaluation is not warranted. 1. The authority citation for part 401 § 402.3 Interpretation. continues to read as follows: Regulatory Flexibility Act In this tariff, Determination Authority: 33 U.S.C. 983(a) and 984(a)(4), (a) Bulk cargo means cargo consisting as amended; 49 CFR 1.52, unless otherwise of goods, loose or in mass, that generally The Saint Lawrence Seaway noted. must be shoveled, pumped, blown, Development Corporation certifies that 2. Section 401.2 would be amended scooped or forked in the handling and this proposed regulation, if adopted, by revising paragraph (b) to read as includes: would not have a significant economic follows: (1) Cement, loose or in sacks; impact on a substantial number of small (2) Coke and petroleum coke, loose or entities. The St. Lawrence Seaway Tariff § 401.2 Interpretation. in sacks; of Tolls primarily relates to commercial * * * * * (3) Domestic cargo; users of the Seaway, the vast majority of (b) Flashpoint means the lowest (4) Liquids carried in vessels’ tanks; whom are foreign vessel operators. temperature of a flammable liquid at (5) Ores and minerals (crude, Therefore, any resulting costs will be which its vapor forms an ignitable screened, sized or concentrated, but not borne mostly by foreign vessels. mixture with air as determined by the otherwise processed) loose or in sacks, closed-cup method. Environmental Impact including alumina, bauxite, coal, gravel, * * * * * phosphate rock, sand, stone and This proposed regulation does not 3. Section 401.22 would be amended sulphur; require an environmental impact by adding a new paragraph (c) to read (6) Pig iron and scrap metals; statement under the National as follows: (7) Lumber, pulpwood, poles and Environmental Policy Act (49 U.S.C. logs, loose or bundled; § 401.22 Preclearance of vessels. 4321, et seq.) because it is not a major (8) Raw sugar, flour, loose or in sacks; federal action significantly affecting the * * * * * (9) Wood pulp, loose or in bales; and quality of human environment. (c) A non-commercial vessel with a (10) Material for recycling, scrap tonnage displacement of less than 317.5 Federalism material, refuse and waste. tons cannot apply for preclearance (b) Cargo means all goods aboard a The Corporation has analyzed this status and must transit as a pleasure vessel whether carried as revenue or rule under the principles and criteria in craft. non-revenue freight or carried for the Executive Order 13132, Dated August 4, * * * * * vessel owner, but does not include: 1999, and has determined that it will § 401.75 [Amended] (1) empty containers and the tare not have a substantial, direct effect on weight of loaded containers; the States or on the distribution of 4. Section 401.75 would be amended (2) ships’ fuel, ballast or stores; power and responsibilities among by removing the words ‘‘Canadian or (3) the personal effects of crew or various levels of government. The rule American funds’’ in paragraph (b) and passengers; or will not limit the policymaking adding in their place the words ‘‘U.S. (4) in transit cargo that is carried both discretion of the States. Nothing in it funds or the equivalent in Canadian upbound and downbound in the course would directly preempt any State law or funds’’. of the same voyage. 5. Part 402—Tariff of Tolls would be regulation. Because the rule will have (c) Containerized cargo means cargo revised to read as follows: no significant effect on State or local shipped in a container that is enclosed, governments, no consultations with PART 402—TARIFF OF TOLLS permanent, reusable, nondisposable, those governments on this rule were weather tight. necessary. Sec. (d) Corporation means the Saint 402.1 Purpose. Lawrence Seaway Development Paperwork Reduction Act 402.2 Title. Corporation; This proposal has been analyzed 402.3 Interpretation. (e) Domestic cargo means cargo the 402.4 Tolls. under the Paperwork Reduction Act of 402.5 Description and weight of cargo. shipment of which originates at one 1995 and does not contain new or 402.6 Post-clearance date operational Canadian point and terminates at modified information collection surcharges. another Canadian point, or originates at requirements subject to the Office of 402.7 Coming into force. one United States point and terminates Management and Budget review. 402.8 Schedule of tolls. at another United States point, but does
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not include import or export cargo (m) Seaway includes all facilities and § 402.6 Post-clearance date operational designated at the point of origin for services authorized under Public Law surcharges. transshipment by water at a point in 358, 83rd Congress, May 13, 1954, (a) Subject to paragraph (b) of this Canada or in the United States; enacted by the Congress of the United section, a vessel that reports for its final (f) General cargo means other than States, as amended, (33 U.S.C. 981, et transit of the Seaway from a place set bulk cargo, grain, government aid cargo, seq.) and the meaning ascribed to it out in column 1 of § 402.9 within a steel slabs and coal; under the Canada Marine Act; period after the clearance date (g) Government aid cargo means: (n) Vessel (ship in Canada) means established by the Manager and the (1) Processed food products that are every type of craft used as a means of Corporation set out in column 2 of donated by, or the purchase of which transportation on water, except a vessel § 402.9 shall pay operational surcharges has been financed on concessional owned or employed by the or the in the amount set out in column 3 of terms by, the federal government of the Corporation. § 402.9, prorated on a per-lock basis. United States or Canada for the purposes of nutrition, economic § 402.4 Tolls. (b) If surcharges are postponed for operational or climatic reasons, a vessel development, emergency, or disaster (a) Every vessel entering, passing relief programs; and that reports for its final transit of the through or leaving the Seaway shall pay Seaway from a place set out in column (2) Food cargo that is: a toll that is the sum of each applicable (i) Owned or financed by a non-profit 1 of § 402.10 within a period after the charge in § 402.8. Each charge is clearance date established by the organization or cooperative; calculated based upon the description (ii) Intended for use in humanitarian Manager and the Corporation set out in set out in column 1 of § 402.8 and the column 2 of § 402.10 shall pay or development assistance overseas; and rate set out in column 2 or 3. (iii) Stamped or otherwise shown to operational surcharges in the amount set (b) The toll is assessed against the have been declared as such to that is out in column 3 of § 402.10, prorated on vessel, its cargo and its passengers for a certified by the customs service of the a per-lock basis. complete or partial transit of the Seaway United States or Canada. (c) A vessel that is authorized to and covers a single trip in one direction. (h) Grain means barley, corn, oats, transit the Seaway after the period of 96 (c) The toll is due from the flaxseed, rapeseed, soybeans, field crop hours after the clearance date representative of the vessel within 45 seeds, buckwheat, dried beans, dried established by the Manager and the days after the day on which the vessel peas, rye, wheat, grain screenings or Corporation shall pay, in addition to the enters the first lock of a transit of the meal from those grains; operational surcharge, an amount equal Seaway. (i) Manager means the St.Lawrence to the incremental expenses incurred by Seaway Management Corporation; § 402.5 Description and weight of cargo. the Manager to keep the Seaway open (j) Metric ton means 1,000 kilograms for the transit of the vessel. (2204.62 pounds); For the purposes of calculating (k) Passenger means any person being applicable tolls: § 402.7 Coming into force. (a) A cord of pulpwood is taken to transported through the Seaway who In Canada, this Tariff and the tolls set weigh 1,450 kilograms (3,196.70 has paid a fare for passage; forth herein come into force from the pounds); and (l) Pleasure craft means a vessel, date on which this Tariff is filed with however propelled, that is used (b) The cargo tonnage used rounded to the Canadian Transportation Agency. exclusively for pleasure and does not the nearest 1,000 kilograms (2,204.62 carry passengers; pounds). § 402.8 Schedule of Tolls.
Column 3. Column 1. Column 2. Rate ($) Welland Canal— Item Description of charges Rate ($) Montreal to or from Lake Ontario (5 locks) Lake Ontario to or from Lake Erie (8 locks)
1...... Subject to item 3, for complete transit of the Sea- way, a composite toll, comprising: (1) A charge per gross registered ton of the ship, 0.0866 ...... 0.1408. applicable whether the ship is wholly or partially laden, or is in ballast, and the gross registered tonnage being calculated according to prescribed rules for measurement in the United States or under the International Convention on Tonnage Measurement of Ships, 1969, as amended from time to time. (2) A charge per metric ton of cargo as certified on the ship’s manifest or other document, as fol- lows: (a) Bulk cargo ...... 0.8984 ...... 0.5953. (b) General cargo ...... 2.1648 ...... 0.9526. (c) Steel slab ...... 1.9592 ...... 0.6820. (d) Containerized cargo ...... 0.8984 ...... 0.5953. (e) Government aid cargo ...... n/a ...... n/a. (f ) Grain ...... 0.5520 ...... 0.5953. (g) Coal ...... 0.5304 ...... 0.5953. (3) A charge per passenger per lock ...... 1.2773...... 1.2773 (4) A charge per lock for transit of the Welland Canal in either direction by cargo ships: (a) Loaded ...... n/a ...... 475.42. (b) In ballast ...... n/a ...... 351.26.
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Column 3. Column 1. Column 2. Rate ($) Welland Canal— Item Description of charges Rate ($) Montreal to or from Lake Ontario (5 locks) Lake Ontario to or from Lake Erie (8 locks)
2...... Subject to item 3, for partial transit of the Seaway 20 per cent per lock of the applicable charge under 13 percent per lock of the items 1(1) and (2) plus the applicable charge applicable charge under items 1(3) and (4). under items 1(1) and (2) plus the applicable charge under items 1(3) and (4). 3...... Minimum charge per ship per lock transited for full 15.92 ...... 15.92. or partial transit of the Seaway. 4...... A rebate applicable for the 2001 navigation season Rebate of 1.5% ...... Rebate of 1.5%. to the rates of item 1 to 3. 5...... A charge per pleasure craft per lock transited for 20.00 ...... 20.00. full or partial transit of the Seaway, including ap- plicable federal taxes 1. 1 The applicable charge at the Saint Lawrence Seaway Development Corporation’s locks (Eisenhower, Snell) is $20 U.S. or $30 Canadian per lock. The other amounts shown are in Canadian dollars and are for the Canadian share of tolls. The collection of the U.S. portion of tolls for commercial vessels is waived by law (33 U.S.C. 988a(a)).
§ 402.9 Operational surcharges—no postponements.
Column 1. Column 2. Column 3. Item Place in Montreal-Lake Ontario section Period after clearance date Amount ($) (5 locks) 1
(a) ...... Cape Vincent (downbound) or Cap Saint-Michel (a) 24 hours ...... 20,000 (upbound). (b) 24 hours or more but less than 48 hours ...... 40,000 (c) 48 hours or more but less than 72 hours ...... 60,000 (d) 72 hours or more but less than 96 hours ...... 80,000 (b) ...... Port, dock or wharf within St. Lambert-Iroquois lock seg- (a) 24 hours n/a ment. (b) 24 hours or more but less than 48 hours ...... 20,000 (c) 48 hours or more but less than 72 hours ...... 40,000 (d) 72 hours or more but less than 96 hours ...... 60,000 1 Prorated on a per-lock basis.
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§ 402.10 Operational Surcharges after postponements.
Column 1. Column 2. Column 3. Item Place in Montreal-Lake Ontario section Period after clearance date Amount ($) (5 locks) 1
(a) ...... Cape Vincent (downbound) or Cap Saint-Michel (upbound):. (1) If the postponement is for 24 hours ...... (a) 24 hours or more but less than 36 hours ...... 20,000 (b) 36 hours or more but less than 48 hours ...... 40,000 (c) 48 hours or more but less than 72 hours ...... 60,000 (d) 72 hours or more but less than 96 hours ...... 80,000 (2) If the postponement is for 48 hours ...... (a) 48 hours or more but less than 56 hours ...... 20,000 (b) 56 hours or more but less than 64 hours ...... 40,000 (c) 64 hours or more but less than 72 hours ...... 60,000 (d) 72 hours or more but less than 96 hours ...... 80,000 (3) If the postponement is for 72 hours ...... (a) 72 hours or more but less than 78 hours ...... 20,000 (b) 78 hours or more but less than 84 hours ...... 40,000 (c) 84 hours or more but less than 90 hours ...... 60,000 (d) 90 hours or more but less than 96 hours ...... 80,000 (b) ...... Port, dock or wharf within St. Lambert—Iroquois lock seg- ment: (1) If the postponement is for 24 hours (a) 24 hours or more but less than 48 hours ...... n/a (b) 48 hours or more but less than 60 hours ...... 20,000 (c) 60 hours or more but less than 72 hours ...... 40,000 (d) 72 hours or more but less than 96 hours ...... 60,000 (2) If the postponement is for 48 hours ...... (a) 48 hours or more but less than 72 hours ...... n/a (b) 72 hours or more but less than 80 hours ...... 20,000 (c) 80 hours or more but less than 88 hours ...... 40,000 (d) 88 hours or more but less than 96 hours ...... 60,000 (3) If the postponement is for 72 hours or more ...... (a) 72 hours or more but less than 96 hours ...... n/a 1 Prorated on a per-lock basis.
Issued at Washington, DC, on February 5, Saint Lawrence Seaway Development 2001. Corporation. Marc C. Owen, Chief Counsel. [FR Doc. 01–3490 Filed 2–8–01; 8:45 am] BILLING CODE 4910–61–P
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Part III
The President Proclamation 7406—American Heart Month, 2001 Proclamation 7407—National Burn Awareness Week, 2001
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Federal Register Presidential Documents Vol. 66, No. 28
Friday, February 9, 2001
Title 3— Proclamation 7406 of February 7, 2001
The President American Heart Month, 2001
By the President of the United States of America
A Proclamation
The year 2001 once seemed so distant that it became a symbol of science fiction. But today, researchers studying heart and other cardiovascular dis- eases have made 2001 a year when science rivals fiction. Only 50 years ago, Americans were acknowledged to be suffering from an epidemic of heart disease. So little was known about the disease that it was thought part of the normal process of aging. Luck played a larger role in surviving a heart attack or hypertension than did medicine—and those who survived were forced to lead restricted lives. But thanks to scientific advances and education, the death rate from coronary heart disease has fallen by nearly 60 percent since its peak in the mid- 1960s. This startling improvement resulted not only from advances in the treatment of heart disease but also from gains in knowledge about its preven- tion. Scientists also have opened up new fields, including that of gene research. Their work promises to bring great improvements in the prevention and treatment of heart disease. But problems remain. In particular, how can the rewards of scientific ad- vances be brought to all Americans? Racial, ethnic, and geographic gaps still exist in the burden of disease. The number one killer of women is cardiovascular disease. Another challenge is the increase in certain conditions and heart disease risk factors. Obesity and physical inactivity pose still other problems. More than half of American adults are overweight and obese, about one in four are sedentary, and another third are not active enough to reach a healthy level of fitness. Meeting such challenges takes both will and technology. For example, re- searchers recently found that small changes in lifestyle that boost moderate- level physical activity can protect cardiorespiratory fitness and blood pressure as much as a structured exercise program. These are changes that all Ameri- cans can adopt. Sudden death from cardiac arrest has also been a major health threat. Yet fortunately, more Americans are learning the warning signs of cardiac arrest. Calling 9–1–1 immediately and administering cardiopulmonary resuscitation (CPR) until an electric shock to the heart can be given to restore a normal heartbeat—a practice known as defibrillation—combined with early advanced care can result in long-term survival rates as high as 40 percent for certain types of cardiac arrest. The Federal Government seeks to improve Americans’ heart health by sup- porting research and public education through its National Heart, Lung, and Blood Institute, part of the National Institutes of Health. The American Heart Association, through its research and education programs and its vital network of dedicated volunteers, also plays a crucial role in bringing about much-needed advances.
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Americans have always believed in the power of science to improve lives, and it is their support and the use of scientific advances that has reduced the epidemic of heart disease. It will be through continued scientific efforts that we find even more answers and reduce the rate of heart disease even further. In recognition of the importance of the ongoing fight against cardiovascular disease, the Congress, by Joint Resolution approved December 30, 1963 (77 Stat. 843; 36 U.S.C 101) has requested that the President issue an annual proclamation designating February as ‘‘American Heart Month.’’ NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, do hereby proclaim the month of February 2001 as American Heart Month. I invite the Governors of the States, the Commonwealth of Puerto Rico, officials of other areas subject to the jurisdiction of the United States, and the American people to join me in reaffirming our commitment to combating cardiovascular disease. IN WITNESS WHEREOF, I have hereunto set my hand this seventh day of February, in the year of our Lord two thousand one, and of the Independ- ence of the United States of America the two hundred and twenty-fifth.
[FR Doc. 01–3588 Filed 2–8–01; 11:50 am] Billing code 3195–01–P
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Proclamation 7407 of February 7, 2001
National Burn Awareness Week, 2001
By the President of the United States of America
A Proclamation
Burn injuries are a serious problem in the United States. Each year, over 3,000 people die and 16,000 are injured by fires that start in the home. These fires cost the Nation over $18 billion. Tragically, children, the elderly, and persons with disabilities are those most likely to become victims of serious burns. Children are particularly vulnerable. Each year, about 800 children under the age of 15 die of fire-related causes and about 500 of these deaths are to children under the age of 5 years. In fact, children under age 5 have a death rate from fire more than twice the national average. All Americans can make their homes safer by making sure they have a working smoke alarm. About 90 percent of U.S. households have smoke alarms. However, a recent survey found that smoke alarms in 20 percent of those households—about 16 million—were not working, mostly because the battery was dead or missing. Those families who have not yet done so should place a smoke alarm inside each sleeping room and on each level of a multi- story home and make sure the alarms are tested monthly and the batteries are replaced when necessary. We should also learn what to do in the event of fire, including the ‘‘stop, drop, and roll’’ maneuver that can help prevent serious burn injuries. Those families that have not yet done so should make plans for escaping a house fire—and every American family should review and practice the plan regu- larly. The U.S. Consumer Product Safety Commission (CPSC) helps to keep children and families safe from products that pose fire dangers. CPSC activities have contributed to a decline in fires and fire deaths over the past several years. For example, CPSC’s standard for child-resistant lighters has helped reduce fire deaths from children playing with lighters by 43 percent since 1994. NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, by virtue of the authority vested in me by the Constitution and laws of the United States of America, do hereby proclaim February 4 through February 10, 2001, as National Burn Awareness Week. I call upon all Americans to observe this week by participating in appropriate ceremonies and activities and by learning how to prevent burn injuries, especially to children.
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IN WITNESS WHEREOF, I have hereunto set my hand this seventh day of February, in the year of our Lord two thousand one, and of the Independ- ence of the United States of America the two hundred and twenty-fifth.
[FR Doc. 01–3589 Filed 2–8–01;11:50 am] Billing code 3195–01–P
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Reader Aids Federal Register Vol. 66, No. 28 Friday, February 9, 2001
CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING FEBRUARY
Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202–523–5227 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since the revision date of each title. Laws 523–5227 3 CFR 14 CFR 39 ...... 8507, 8750, 8752, 8754, Presidential Documents Proclamations: 7404...... 9025 8756, 8759, 9027, 9029, Executive orders and proclamations 523–5227 9031, 9635 The United States Government Manual 523–5227 7405...... 9639 7406...... 9759 405...... 9509 7407...... 9761 406...... 9509 Other Services Administrative Orders: Proposed Rules: Electronic and on-line services (voice) 523–4534 Presidential 71...... 8772, 8773 Privacy Act Compilation 523–3187 Determinations: 413...... 9635 Public Laws Update Service (numbers, dates, etc.) 523–6641 No. 2001-10 of 415...... 9635 TTY for the deaf-and-hard-of-hearing 523–5229 January 17, 2001 ...... 8501 417...... 9635 No. 2001-11 of 16 CFR January 19, 2001 ...... 8502 ELECTRONIC RESEARCH 2...... 8721 World Wide Web 5 CFR 801...... 8680 537...... 9187 802...... 8680 Full text of the daily Federal Register, CFR and other 3101...... 8505 803...... 8680 publications: Proposed Rules: http://www.access.gpo.gov/nara 7 CFR 801...... 8723 Federal Register information and research tools, including Public 246...... 8885 802...... 8723 Inspection List, indexes, and links to GPO Access: 271...... 8885 272...... 8886 17 CFR http://www.nara.gov/fedreg 273...... 8886 201...... 8761 E-mail 278...... 8885 230...... 8887, 9002 770...... 8886 232...... 8764 PENS (Public Law Electronic Notification Service) is an E-mail 1823...... 8886 239...... 9002 service for notification of recently enacted Public Laws. To 1902...... 8886 270...... 8509, 9002 subscribe, send E-mail to 1951...... 8886 274...... 9002 [email protected] 1956...... 8886 Proposed Rules: with the text message: 8 CFR 228...... 8732 229...... 8732 subscribe PUBLAWS-L your name 212...... 8743 240...... 8732, 8912 Use [email protected] only to subscribe or unsubscribe to 9 CFR 249...... 8732, 8912 PENS. We cannot respond to specific inquiries. 250...... 9247 2...... 8743 Reference questions. Send questions and comments about the 259...... 9247 3...... 8744 Federal Register system to: 93...... 8887 19 CFR [email protected] 94...... 9641 10...... 8765, 9643 The Federal Register staff cannot interpret specific documents or 10 CFR 12...... 8765 regulations. 19...... 8765 430...... 8744, 8745 103...... 8765 431...... 8745 111...... 8765 FEDERAL REGISTER PAGES AND DATE, FEBRUARY 490...... 8746 112...... 8765 719...... 8746 8501–8742...... 1 143...... 8765 830...... 8746 8743–8884...... 2 146...... 8765 1040...... 8747 8885–9026...... 5 163...... 9643 1042...... 8747 178...... 8765, 9643 9027–9186...... 6 1044...... 8747 191...... 8765, 9647 9187–9508...... 7 Proposed Rules: Proposed Rules: 9509–9640...... 8 72...... 9055 9641–9762...... 9 24...... 8554, 9681 12 CFR 101...... 8554 30...... 8616 20 CFR 208...... 8616, 8748 211...... 8616 404...... 8768 225...... 8616 21 CFR 263...... 8616 308...... 8616, 9187 520...... 9650 364...... 8616 568...... 8616 23 CFR 570...... 8616 655...... 9196 1501...... 8748 940...... 9196
VerDate 11-MAY-2000 17:15 Feb 08, 2001 Jkt 194001 PO 00000 Frm 00001 Fmt 4712 Sfmt 4712 E:\FR\FM\09FECU.LOC pfrm03 PsN: 09FECU ii Federal Register / Vol. 66, No. 28 / Friday, February 9, 2001 / Reader Aids
24 CFR 43 CFR 903...... 8897 3100...... 9527 3106...... 9527 25 CFR 3108...... 9527 103...... 8898 3130...... 9527 115...... 8768 3160...... 9527 151...... 8899 46 CFR 26 CFR 10...... 9673 1...... 9034, 9651 15...... 9673 Proposed Rules: 67...... 9673 1...... 8614, 9535 31...... 8614 47 CFR 35...... 8614 2...... 9212 36...... 8614 27...... 9035 40...... 8614 51...... 8519, 9035 301...... 8614, 9535 52...... 9528, 9674 601...... 8614 64...... 9674 602...... 9535 73 ...... 8520, 9036, 9037, 9038, 9039, 9675, 9676 27 CFR 79...... 8521 170...... 8768 90...... 8899 Proposed Rules: 95...... 9212 9...... 8925 Proposed Rules: 32...... 9681 32 CFR 43...... 9681 199...... 9199, 9651 51...... 8556, 9058 52...... 9535 33 CFR 73 ...... 8557, 8558, 8559, 8560, 95...... 9658 9061, 9062, 9682, 9683 100...... 9658, 9659 100...... 8774 117 ...... 9199, 9201, 9659, 9660 177...... 9658 48 CFR Proposed Rules: 931...... 8746 401...... 9752 970...... 8746 402...... 9752 Proposed Rules: 904...... 8560 34 CFR 952...... 8560 300...... 8770 970...... 8560 361...... 8770 606...... 8519 49 CFR 37...... 9048 36 CFR 40...... 9673 294...... 8899 171...... 8644 172...... 8644 39 CFR 173...... 8644 111...... 9509 176...... 8644 195...... 9532 40 CFR 213...... 9676 31...... 9661 390...... 9677 35...... 9202, 9661 571...... 9533, 9673 52 ...... 9203, 9206, 9209, 9522, 611...... 9677 9661 60...... 9034 50 CFR 81...... 9663 17 ...... 8530, 8650, 8850, 9146, 721...... 92110 9219, 9233, 9414 735...... 9202 86...... 9533 Proposed Rules: 635...... 8903 52 ...... 9263, 9264, 9278, 9285, 648...... 8904, 9678 9535 679...... 9679, 9680 438...... 9058 697...... 89806 1610...... 8926 Proposed Rules: 17 ...... 9476, 9540, 9683 42 CFR 622...... 8567 411...... 8771 648...... 8560 424...... 8771 660...... 9285
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REMINDERS Airbus; published 1-5-01 due by 2-14-01; published Affected State; definition The items in this list were Commercial space 2-8-01 removed; comments due editorially compiled as an aid transportation: FEDERAL RESERVE by 2-13-01; published 12- to Federal Register users. Civil penalty actions; SYSTEM 15-00 Inclusion or exclusion from published 1-10-01 Bank holding companies and INTERIOR DEPARTMENT this list has no legal TREASURY DEPARTMENT change in bank control National Park Service significance. (Regulation Y): Customs Service Historic properties leasing Financial data processing regulations; comments due Articles conditionally free, activities, change in subject to reduced rates, by 2-12-01; published 12- RULES GOING INTO conditions that govern 12-00 EFFECT FEBRUARY 9, etc.: conduct; and financial INTERIOR DEPARTMENT 2001 Beverages made wuth holding companies Caribbean rum; duty-free allowed to own data Surface Mining Reclamation treatment; published 2-9- storage companies; and Enforcement Office ENERGY DEPARTMENT 01 comments due by 2-16- Permanent program and Nuclear safety management; 01; published 12-21-00 abandoned mine land contractor- and government- HEALTH AND HUMAN reclamation plan operated nuclear facilities; COMMENTS DUE NEXT WEEK SERVICES DEPARTMENT submissions: published 1-10-01 Food and Drug Indiana; comments due by ENVIRONMENTAL Administration 2-12-01; published 1-11- AGRICULTURE PROTECTION AGENCY Biological products: 01 DEPARTMENT Air quality implementation Blood and blood West Virginia; comments Agricultural Marketing plans; approval and components— due by 2-12-01; published Service promulgation; various Current good 1-12-01 Cranberries grown in— States: manufacturing practice; OFFICE OF MANAGEMENT Massachusetts et al.; Maine; published 1-10-01 consignees and AND BUDGET comments due by 2-12- Maryland; published 1-10-01 transfusion recipients 01; published 1-12-01 notified of increased Management and Budget New Hampshire; published risk of HCV infection Office 1-10-01 AGRICULTURE DEPARTMENT transmission Prompt Payment Act; implementation: FEDERAL Animal and Plant Health (‘‘lookback’’); comments COMMUNICATIONS Inspection Service due by 2-14-01; Interest penalties under COMMISSION published 11-16-00 cost-reimbursement Exportation and importation of contract for services more Common carrier services: animals and animal HEALTH AND HUMAN than 30 days after Wireless telecommunications products: SERVICES DEPARTMENT Inspector General Office, receiving proper invoice; services— Rinderpest and foot-and- Health and Human Services comments due by 2-13- N11 codes and other mouth disease; disease Department 01; published 12-15-00 abbreviated dialing status change— Medicare and State health SECURITIES AND arrangements; published Uruguay; comments due 2-9-01 care programs: EXCHANGE COMMISSION by 2-12-01; published Safe harbor provisions and HEALTH AND HUMAN 12-13-00 Securities: special fraud alerts; intent Acquisition exemption during SERVICES DEPARTMENT DEFENSE DEPARTMENT to develop regulations; existence of an Food and Drug Acquisition regulations: comments due by 2-12- Administration Underwriting or Selling Ball and roller bearings and 01; published 12-14-00 Syndicate; comments due Animal drugs, feeds, and vessel propellers; INTERIOR DEPARTMENT by 2-15-01; published 12- related products: domestic source Land Management Bureau 6-00 Pyrantel pamoate chewable restrictions; comments Minerals management: STATE DEPARTMENT tablets; published 2-9-01 due by 2-12-01; published Fee changes; comments Consular services; fee 12-13-00 due by 2-13-01; published INTERIOR DEPARTMENT schedule; comments due by 12-15-00 Land Management Bureau ENERGY DEPARTMENT 2-12-01; published 12-14-00 Federal Energy Regulatory INTERIOR DEPARTMENT Minerals management: TRANSPORTATION Commission Fish and Wildlife Service Oil and gas leasing— DEPARTMENT Electric utilities (Federal Power Endangered and threatened Federal and Indian oil and Coast Guard Act): species: gas resources; Critical habitat Ports and waterways safety: protection against Open Access Same-Time designations— New York Harbor et al., NY; drainage by operations Information System Various plants from Maui safety zone; comments on nearby lands that (OASIS) Phase II; and Kahoolawe, HI; due by 2-12-01; published would result in lower comments due by 2-15- 01; published 7-26-00 comments due by 2-16- 12-13-00 royalties from Federal 01; published 12-18-00 leases; published 1-10- FEDERAL TRANSPORTATION Sacramento splittail; DEPARTMENT 01 COMMUNICATIONS comments due by 2-12- Federal Aviation TRANSPORTATION COMMISSION 01; published 1-12-01 Administration DEPARTMENT Common carrier services: Western sage grouse Coast Guard Federal-State Joint Board (Washington population); Air traffic operating and flight rules, etc.: Drawbridge operations: on Universal Service— status review; comments due by 2-16-01; published Reduced vertical separation Virginia; published 1-10-01 Children’s Internet Protection Act; 1-9-01 minimum; comments due TRANSPORTATION implmentation; INTERIOR DEPARTMENT by 2-16-01; published 12- DEPARTMENT comments due by 2-15- Minerals Management 18-00 Federal Aviation 01; published 1-31-01 Service Airworthiness directives: Administration Numbering resource Outer Continential Shelf; oil, Bell; comments due by 2- Airworthiness directives: optimization; comments gas, and sulphur operations: 12-01; published 12-13-00
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Boeing; comments due by Airplane operating against Customs; time Second Session has been 2-12-01; published 12-29- limitations and content limitation; comments due completed and will resume 00 of airplace flight by 2-13-01; published 12- when bills are enacted into Cessna; comments due by manuals; revisions; 15-00 public law during the next 2-12-01; published 1-8-01 FAR/JAR harmonization Inspection, search, and session of Congress. Empresa Brasileira de actions; comments due seizure: by 2-16-01; published Aeronautica S.A.; Civil asset forfeiture; A cumulative List of Public comments due by 2-12- 12-18-00 comments due by 2-12- Laws was published in Part II 01; published 1-16-01 Braking systems; 01; published 12-14-00 of the Federal Register on Fokker; comments due by harmonization with TREASURY DEPARTMENT January 16, 2001. 2-15-01; published 1-16- European standards; 01 comments due by 2-16- Foreign Assets Control Pratt & Whitney; comments 01; published 12-18-00 Office due by 2-12-01; published Class E airspace; comments Russian Federation assets 12-12-00 due by 2-12-01; published control regulations: Public Laws Electronic Rolls-Royce Corp.; 12-28-00 Highly enriched uranium; Notification Service comments due by 2-12- comments due by 2-12- TRANSPORTATION (PENS) 01; published 12-12-00 01; published 1-12-01 DEPARTMENT Rolls-Royce plc; comments Sudanese and Taliban National Highway Traffic due by 2-12-01; published (Afghanistan) sanctions 12-13-00 Safety Administration regulations; reporting and Note: PENS will resume Saab; comments due by 2- Motor vehicle safety procedures regulations; 15-01; published 1-16-01 standards: service when bills are enacted registration of into law during the next Standard provisions added Fuel system integrity; nongovernmental session of Congress. and part revised; comments due by 2-12- organizations; comments comments due by 2-12- 01; published 12-15-00 due by 2-12-01; published 01; published 1-12-01 This service is strictly for E- TREASURY DEPARTMENT 1-11-01 Stemme GmbH & Co.; mail notification of new laws. comments due by 2-15- Customs Service The text of laws is not 01; published 1-10-01 Financial and accounting LIST OF PUBLIC LAWS available through this service. Airworthiness standards: procedure: PENS cannot respond to Transport category Harbor Maintenance Fee Note: The List of Public Laws specific inquiries sent to this airplanes— refunds and other claims for the 106th Congress, address.
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